Lease car - "parking charge" invoice

The_Slithy_Tove

Coupon-mad wrote: »

That's all they will need to do and they will then have ZERO liability. See here, email them this new BVRLA link.

''The BVRLA will now be working with the British Parking Association to ensure that customers' details can be passed to private parking firms in a simple way, without the need for complex evidential requirements such as copies of rental and lease agreements.''

On reading the relevant parts of the POFA, I notice that

The lease/rental company has to send to the "creditor"
(a) a statement signed by or on behalf of the vehicle-hire firm to the effect that at the material time the vehicle was hired to a named person under a hire agreement;
(b) a copy of the hire agreement; and
(c) a copy of a statement of liability signed by the hirer under that hire agreement.
and that
The statement of liability required by sub-paragraph (2)(c) must—
(a)contain a statement by the hirer to the effect that the hirer acknowledges responsibility for any parking charges that may be incurred with respect to the vehicle while it is hired to the hirer;
(b)include an address given by the hirer (whether a residential, business or other address) as one at which documents may be given to the hirer;
(and it is immaterial whether the statement mentioned in paragraph (a) relates also to other charges or penalties of any kind).

Since most rental agreements only talk about penalties and other statutory charges, then it fails to meet these criteria. How long will it take before the rental companies catch up? And even when it does, how can a hirer agree to a clause that makes him responsible for unwarranted charges like these?

And with leased cars, where the agreements were signed way before the POFA, will the lease companies be coming back to all their clients to get them to sign a new agreement which includes the required statement?

If there is no agreeement to satisfy (c) above, then the companies cannot fulfil their get-out-of-jail-free requirements.

Also note that the BVRLA's statement of wanting to do "without the need for complex evidential requirements such as copies of rental and lease agreements" flies in direct contradiction to the requirements of the legislation!