Lease car driver in Scotland - what to do?

Herringbone

Hi there,

I've had a good look through some answers here but jut wanted to double check a couple of things in case I make a mistake - apologies if this turns out to be the same questions you hear every day!

I lease my car (privately, no employer involved) and have never tested how they handle parking charges (but I bet it'd cost me if they had to deal with one..).

I got a £100 notice from UKPC in Dundee on 29/12 - I'd not realised I needed to take a ticket for the free parking.

I understand the advice about how unlikely it is that this would go to court from UKPC, I just wanted to check how I should handle the RK side. Should I:

a) write to UKPC telling them to deal with me? Is there a best way to do this?

b) tell my lease company?

Thanks very much in advance, this forum has been a real help explaining the background.

pogofish

You could do either but personally, I would write to them, thus identifying the driver and directing their letters to me, then ignore anything else they send and not bother the lease company. UKPC can't go back to them once they know who was driving.

Telling the lease company will probably only result in a long paper trail back and forth till you convince them that this is not a legit charge and to direct UKPC's letters to you. Lot more work!

Umkomaas

Can you confirm how you were notified of the parking 'infringement'?

Was it a windscreen ticket? Or was it a Notice to Keeper (NtK) addressed directly to you, or a NtK addressed to the lease company and forwarded by them to you?

Herringbone

Hi, Umkomaas - it was a sticker on the windscreen.

I'd only been in there for about an hour, so was charged for not displaying a ticket (the first two hours are free but I now realise I was expected to have taken a ticket).

I'm guessing this means they won't have contacted DVLA and my lease company yet and I'd like to avoid that if at all possible, but I was wondering about the best way to inform UKPC to deal with me but not prejudice my position in any way.

Thanks

Umkomaas

You might need to head this off before the PPC applies to the DVLA for the RK's details. However, it's not clear whether you are the RK or whether the lease company is.

Do you have the vehicle's V5 with your name on it as the RK? If you don't you need to contact the lease company to check out who the RK is, and while you're at it ask them what their policy is in dealing with private parking charges (emphasise the private and that you're not talking about those issued by councils/police).

Herringbone

Hi Umk, yeah I should have been clearer:

The lease company is the owner and registered keeper - that's why I was being cautious about the best thing to do as I'd like to avoid them slapping an "admin fee" on me for doing anything.

If I'm to contact the PPC (which I'm happy to do), do I need to be careful how I phrase this? In reading this forum today I've seen various opinions about the difference between appealing a ticket and rejecting it, and also opinions about whether I should provide information as to who was driving. If I contact the PPC will this remove the risk of them contacting my leasing company (who will show up on a DVLA search as RK)?

Thanks very much for your help.

Umkomaas

Thanks for clarification. You really do have to head them off from contacting the lease company otherwise you're going to be billed for the PCN and an admin charge. You should follow pogofish post #2, not really sure whether one approach is better than the other (appeal or reject) but you do need them contacting you as the driver now.

You also need to inform the lease company in writing that you've had this charge and that under no circumstances should they pay it as you are now handling things direct with the PPC.

If the PPC gets wind of the fact that this is a lease car they will pursue the lease company as they are easy meat and will pay up quickly. There's an incentive too for the lease company to pay this off, because they have your credit card details, will take the PCN out of that at get the Brucie bonus of a hefty admin fee too.

Herringbone

Great - thanks to you and pogofish for the help, this has really made a difference.

UKPC have an online appeal process which I'll check out to see if it's suitable. I'm still well within the initial 28-day period stated on the ticket, before they start requesting RK details so hopefully this will be clarified soon.

I'll contact my lease company tomorrow.

Again, thanks very much for the swift help from you both.

bod1467

Is POPLA still an available avenue for Scottish residents?

Umkomaas

bod1467 wrote: »

Is POPLA still an available avenue for Scottish residents?

An independent appeals process was introduced as a part of the PoFA provision of the opportunity for charges to be pursued with the RK. As PoFA doesn't apply to Scotland, the read-across would be that neither does POPLA.

It's an interesting question as to whether the PPC would understand the nuances of this and whether they might knee-jerk into issuing a POPLA code with an initial appeal rejection. If it was issued then there's nothing to prevent the OP using it, and then we can guarantee the outcome. I wonder if POPLA would spot anything if an appeal was launched from Scotland?

There's no reason why a 'naive' motorist in Scotland should have the necessary knowledge of the PCN-related differences between their country and England/Wales, so why shouldn't he pursue things via POPLA. It's surely for the PPC to understand and explain the difference.

@OP - on the windscreen ticket you've received does it anywhere mention the Protection of Freedoms Act, or POPLA or the independent appeals service procedure?

bod1467

That's what I was wondering. Yes, POPLA (appeals process) was introduced as a sop to getting keeper liability incorporated into POFA2012. But this doesn't necessarily mean POPLA cannot be used by Scottish residents.

If I was the OP then I'd look to try the appeal to PPC/POPLA code/POPLA appeal route. If a code can be obtained then there's an (almost) 100% probability of winning and getting this killed off.

If all else fails the PPC would still have to take OP to court (in Scotland) to recover any charges ... whilst this is not 100% foolproof it is still an entirely winnable position. And a PPC is unlikely to be quick to try court in Scotland.