Audi UK trying to charge me for private parking tickets.

fakesheikh

To me it doesn't seem as clear cut as i thought it might be, could this be classed as a charge for a motoring offence?

halibut2209

Also it's interesting that they say fines are YOUR responsibility, but do not give you the option of taking responsibility. If it's your responsibility, then they need to give you the option of appeal, which they failed to do. Meaningless contract here.

halibut2209

fakesheikh wrote: »

To me it doesn't seem as clear cut as i thought it might be, could this be classed as a charge for a motoring offence?

No. Pure and simply. No. An offence is criminal. This is civil.

EDIT: This might not quite be true, but a private parking ticket is NOT a "motoring offence" by any definition of the word.

fakesheikh

Any ideas on how to respond to them now?

spacey2012

Yes do this:

halibut2209

Personally (although others are far more informed than myself), I would reply thanking for the T&Cs and upon reading, it is clear that private parking invoices are not covered so you consider the matter closed. But wait for advice from the more experienced members here

4consumerrights

fakesheikh wrote: »

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.

a) Those charges relate to Penalties and not private parking charges which come under civil and contract law (which can also be appealed)

b) The parking charge by First is open to appeals using POPLA.

I would write back and state that this charge does not fall under the remit of those terms and conditions as this is a civil matter with the parking charge given by another third party private company. State that this can be appealed and that Audi as the registered keeper would have had the opportunity to either name the driver (yourself), appeal the charge or pay the charge. As Audi decided to accept the responsibility and pay the charge - then that was their decision and as you had no idea a parking charge had been given, the matter is closed.

bod1467

fakesheikh wrote: »

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 vehicle 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'

Items in bold relate to each other. Parking Charge Notices (invoices) do not fall under any of those headings.

The_Slithy_Tove

fakesheikh wrote: »

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'.

That is absolutely, 100% clear cut - no arguments. They ONLY refer to penalties, tolls, fines, offences all under specific traffic regulations. What they had is not covered by any such legislation, and falls under none of those categories.


As suggested, tell them a PPC invoice falls 100% outside anything covered in those Ts&Cs, therefore you bear no responsibility whatsoever.

bargepole

fakesheikh wrote: »

Any ideas on how to respond to them now?

Dear Sirs,

Thank you for sending a copy of the terms and conditions.

The relevant clause makes clear that my consent to accept charges only relates to "motoring or traffic offences or toll charges".

Charges from private parking companies do not fall into any of the above categories, and are therefore not covered by these terms.

The fact that Audi (UK) do not appear to be aware of the provisions of the Protection of Freedoms Act 2012, and have paid these charges when they had no cause to do so, is a matter between them and yourselves.

I reiterate my position from my previous letter, and categorically deny any liability whatsoever to you in the sum stated, or any amount at all.

I also confirm that I will not enter into any further correspondence in this matter, and will only respond to a County Court claim.

Yours etc.