Audi UK trying to charge me for private parking tickets.

fakesheikh

Thanks for all the help, slightly worried about this possibly going to court though?

fakesheikh

To whom it may concern,

Thank you for sending me a copy of the loan car agreement, upon reading this agreement a few points have become clear;

a) The relevant clause makes clear that my consent to accept charges only relates to "motoring or traffic offences or toll charges" and not private parking charges.

b) 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.

It’s also interesting that the loan car agreement states fines are MY responsibility, but Audi (UK) have not given me the option of taking responsibility but instead have decided to accept responsibility and pay the charge on their own accord. If it's my responsibility, then they need to give me the option of appeal, which they failed to do.

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 Sincerely,

Stroma

It won't go to court though, they'd be completely insane to go there considering their own terms and conditions do not cover this situation. I would go further than what bargepole wrote to say that you will take further action against them as they have no case and this is harassment.

Basically they screwed up, they know it but they want you to cough up because of it.

Guys_Dad

You could refer AUDI to the BPA Code of Practice that states

14 Misrepresentation of authority

14.1 You must give clear information to the public about what parking activities are allowed and what is unauthorised.
You must not misrepresent to the public that your
parking control and enforcement work is carried out
under the statutory powers of the police or any other
public authority. You will be breaching the Code if you
suggest to the public that you are providing parking
enforcement under statutory authority.

14.2 You must not use terms which imply that parking is
being managed, controlled and enforced under statutory
authority. This includes using terms such as ‘fine’, ‘penalty’
or ‘penalty charge notice’.

4consumerrights

I would consider amending the last paragraph:

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

I have taken independent advice in this matter and have been advised that this is tantamount to harassment. You should be aware that any County Court action will be vigorously defended and a counterclaim raised.

As Audi chose to pay this private parking charge, I confirm that I will not enter any further correspondence and consider the matter closed and a formal complaint is now being prepared to the Financial Obudsman.

fakesheikh

Damn you guys are good!

Stroma

fakesheikh wrote: »

Damn you guys are good!

We've had lots of practice there is a case of sixt paying these invoices on pepipoo.com and charging the hirer on this, it's an interesting one

http://forums.pepipoo.com/index.php?showtopic=62531&st=0#entry599649

Coupon-mad

Page 62 of this 2013 BVRLA members list shows Associate Members:

http://www.bvrla.co.uk/system/files/files/publication-order-forms/bvrla_member_directory_2013.pdf

...including Audi UK.

So I would add a paragraph where you talk about them not knowing about POFA2012 and say 'Your decision to pay invoices when you should in fact redirect the private parking company to contact the motorist - entirely discharging any liability for yourselves with one template letter - is particularly surprising as I see Audi UK are Associate Members of the BVRLA. The BVRLA have worked hard to ensure members understand the POFA2012 and even placed template letters on their website following the POFA2012 so that members could follow the simple advice to name the driver where a private parking charge is concerned. This clarification by the Trade Body was needed because some lease/hire firms were misunderstanding the law and not realising that these charges are, first and foremost, still the liability of a driver. It beggars belief that Audi UK in 2014 have misunderstood the legal position and appear to believe these are real fines.'

...or words to that effect.

fakesheikh

Thanks, I've amended my letter to include the above.

Epic work people, cannot thank you enough.

Welsh_Exile

fakesheikh, just picked this up again after being away for a couple of days. As predicted the T&Cs don't cover private parking charges and it seems the regulars have, as usual, given some excellent advice. That last paragraph suggested by Coupon-mad with reference to the BVRLA is really rubbing salt into the wound!
I almost feel sorry for Audi UK - hopefully they will be rather better informed now.
My guess is that, despite your original letter, whoever replied to you hasn't yet grasped the difference between real penalties and PPC invoices.

Hanlon's Razor - "Never attribute to malice that which is adequately explained by stupidity."

Anyway - please keep us updated.