Help! Euro car park fine vue cinema hamilton

gemlouise84

Stroma.thank you. I will get onto writing this letter to blackhorse.thanks again

nigelbb

gemlouise84 wrote: »

Manxred here is the exact clause.

You will pay to us any charges penalties or fines under the road traffic act 1974 or any similar act for which a summons (or that which supersedes it) may be made against the vehicle or us in respect of a fixed penalty notice or an excess charge or any other breach of the law arising out of use of the vehicle during the term. In the event we are required for whatever reason to pay such charges fined or penalties then you shall on demand reimburse us for all such amounts together with a reasonable administration charge which we will tell you from time to time.

Thats it word for word

That makes no mention of any private parking notices only fines, fixed penalties or any other breach of the law . You have breached no law. They should not have paid & cannot reclaim the sum from you. If they have been fooled by the private parking company invoice looking like an official penalty notice then they have been the victims of fraud.

nigelbb

nigelbb wrote: »

If they have been fooled by the private parking company invoice looking like an official penalty notice then they have been the victims of fraud.

This is actually very like those old directory scams where a fake invoice for entry into a business directory is sent to the accounts department of a company on the assumption that it is likely to be paid without any further investigation.

gemlouise84

I just found this letter from lex autolease when they first sent my parking fee its a big bold box with bold writing

Protection of freedoms act 2012
With effect from 1st october 2012 privare parking companies have signed up to a new code of practice regarding the issuing of parking notices,charges applicable to then offences and a robust appeals procedure. This legislation will now provide private parking companies a clear legal right to recover fines. Where a fine notice remains unpaid the parking company will be able to take legal action against the registered keeper; therefore any subsequent notice received will be paid immediately on receipt and recharged.
Is this good or bad?

Half_way

gemlouise84 wrote: »

I just found this letter from lex autolease when they first sent my parking fee its a big bold box with bold writing

Protection of freedoms act 2012
With effect from 1st october 2012 privare parking companies have signed up to a new code of practice regarding the issuing of parking notices,charges applicable to then offences and a robust appeals procedure. This legislation will now provide private parking companies a clear legal right to recover fines. Where a fine notice remains unpaid the parking company will be able to take legal action against the registered keeper; therefore any subsequent notice received will be paid immediately on receipt and recharged.
Is this good or bad?

good or bad? more like pure genius, and showing a complete lack of understanding of the Protection of freedoms act from the lease company to boot.
Im asuming they are trying to charge you for this..

"Notice before Action..
On the <DATE> a vehicle that was leased from you was issued with a private parking charge notice, and you have since passed this charge on to me.
this is contrary to your terms and conditions, a private parking charge notice is neither a fine, or a penalty and it is not issued by any statory authority.
I ave noted your terms and conditions in respect to the protections of Freedoms Act, where you refer to Parking companies and fines, this is not a fine, but a specualtive invoice based ( losely ) on contract law against the driver of the vehicle at the time, whilst the protection of freedoms act does bring about keeper liability, this is only in the case where the registered keeper refuses to provide details of the driver.
As you, Lex Autolease are in breach of your own terms and conditions, as well as going against your trade associations guidelines, you must now refund any money that you have taken form my account as well as any other charges such as Admin fees in FULL within the next <7/14> days, otheriwse I will issue proceedings to recover that amount plus expenses at the county court."


or something like the above ( hopefuly someone with more expeirience than me will be able to tidy the above up )

fisherjim

gemlouise84 wrote: »

I just found this letter from lex autolease when they first sent my parking fee its a big bold box with bold writing

Protection of freedoms act 2012
With effect from 1st october 2012 privare parking companies have signed up to a new code of practice regarding the issuing of parking notices,charges applicable to then offences and a robust appeals procedure. This legislation will now provide private parking companies a clear legal right to recover fines. Where a fine notice remains unpaid the parking company will be able to take legal action against the registered keeper; therefore any subsequent notice received will be paid immediately on receipt and recharged.
Is this good or bad?

Oh dear oh dear what a crock of s**t.
This is a total misquote, note the blatant use of the word "fine" which is wrong for a start, but more importantly, how can you now use your right of appeal as highlighted above when they have admitted liability on your behalf and paid the scam fee?

Tell them you are not accepting this and to re-fund your money, as they are wrong and you wanted to appeal to this sham charge and they had no right to pay it.
The POF act does not say anything like that!

Stroma

Except that this appeals process is only in England and Wales, and they are not offences or fines. This is an unfair term IMO in their contract, because only the driver is liable providing a serviceable address is given, obviously the lease company will have that. What this does show is that people should stay away from lex and blackhorse

gemlouise84

With all the great advice i have put together a letter using all the advice on here. Il keep everyone posted.black horse are you ready......

Stroma

Why not post it up and we can help you fine tune it if it needs that . Always happy to help

gemlouise84

Ok.i will post it tommorow once I have finished writing it if you dont mind fine tuning it. Thanks