Audi UK trying to charge me for private parking tickets.

Welsh_Exile

OK - I'm not an expert but here's my suggestion for what it's worth -

fakesheikh wrote: »

Is this any good?

To Whom it May Concern:

Further to my previous correspondence dated 12/02/2014 and your reply dated 13/02/2014, it is noted that you still have failed to provide any terms and conditions relating to this incident. It is your legal obligation to provide such terms and conditions under the Consumer Credit Act and should you continue to pursue me in this matter, then a formal complaint to the Financial Ombudsman will be raised.

I demand to know on what legal basis you think I owe you any money. If it’s on a contractual basis, then I want to know under what contract or agreement I am bound to pay private invoices.

I deny all liability to pay this debt and this is a matter between Audi UK and the garage as:

This is not a penalty or a fine but a civil matter by a private parking company (PPC).
The Protection of Freedoms Act 2012 makes provision for the registered keeper to name the driver and provide a serviceable address for the PPC to issue the parking charge. This then discharges all liability for payment by the Registered Keeper (Audi) and the PPC must only pursue the driver for payment. The driver is then able to contest the parking charges using the relevant parking industry appeals system.

It is clear that Audi made no attempt to name me as the driver, and by paying the charges have denied me any opportunity to appeal against them directly.
Therefore this is now a matter between yourselves and Audi UK.

For the avoidance of doubt, I reiterate that any legal action taken against me will be vigorously defended. Further, should I receive any more demands for money from yourselves or Audi UK I will not only be taking the matter up with the Financial Ombudsman but I may take legal action for harassment, seeking damages against both the garage and Audi.

Yours sincerely,

fakesheikh

Sent them a slightly tweaked version of that, will post back when I get a reply.

Thanks for all the help!

Coupon-mad

http://www.firstparking.co.uk/


That lot? Haven't seen them before.

fakesheikh

They're the ones. First time i've ever seen them too.

fakesheikh

tickets tell me to go to paymypcn.net to pay, seems like another 'new' company thats just rebranded itself.

Coupon-mad

'paymypcn.net' is an invention of some bloke called Dwayne I think, from a debt collection firm that's just lost its licence (pending appeal), Roxburghe.

Courtesy cars are similar in t&cs to lease/hire agreements, usually. Have you read other lease/hire car threads, by searching this forum for 'lease' or hire' as a keyword? We have lots of them and here's one where I have just pointed out the other day that the BVRLA (Trade Body) has come to an agreement with the BPA about what a lease firm should pass to a PPC and what a PPC should ask for when it's a lease/hire firm:

https://forums.moneysavingexpert.com/discussion/4896331

Prior to that, the BVRLA for over a year have had a stance (with example template letters we saw on their website as far back as a year ago) to tell lease/hire firms about POFA2012 and that they should discharge their liability by naming the driver/hirer.

4consumerrights

I agree - I regularly download the BPA's list of members and I believe they are fairly new members.

The website doesn't give an address but the company is a limited liability partnership - London address and is run mainly by the Snow family (directors give a Bristol address)

http://companycheck.co.uk/company/OC364466/FIRST-PARKING-LLP/directors-shareholders#people-summary

I'm surprised they are even solvent looking at the finances - IMO somebody made a mistake with sending the accounts to companies house (might be worth reporting) It would be extremely unlikely that a company's debtors balance was exactly the same as the creditors outstanding balance.

fakesheikh

Audi replied today, but not much progress. They basically responded by apologising for not including the T&Cs and attached them.

The bit that is of relevance to me is as follows '3. I accept that any motoring or traffic offences, toll charges, penalties and fines arising in relation to the vehcicle for the duration of the loan are my sole responsibility under the road traffic regulation act 1984, the road traffic offenders act 1988, and/or any subsequent relevant legislation. I will indemnify the dealership forthwith for any penalties, fines, legal fees, costs, interest or other charges paid by them in relation to any such motoring or traffic offences or toll charges. I hereby irrevocably consent to any such charges including an administration fee of £25+VAT being charged to me'

Any ideas where to go with this guys? Seems to be as though they can't really force me to pay.

halibut2209

You committed no offences, so you are fine as long as you're willing to continue fighting. They make only one reference to "charges" (which this is), but that is only regarding "offences" or "toll charges"

spacey2012

yes, the charge was an invoice and none of the above, they failed to mitigate any loss by naming you as driver, which would have reduced any loss to zero.
Suggest next time they employ someone who can read and you will see them in court if they feel otherwise.