Supermarket parking fine on a leased car

The_Doktor

Hi all. Although a new user I am very aware that the topic of supermarket parking fines has been covered many times. However, I haven't spotted a situation quite the same as the one I'd like to seek your advice on.

Having been parked in a Lidl car park for just over 2 hours, the vehicle in question exceeded the allowed limit of 90 minutes by half an hour or so. The vehicle is currently on personal lease, and some 12 days after the date of the offence, the paperwork from Athena, complete with poorly reproduced photographs of the car entering and exiting the car park, was forwarded on to our home address from the lease company which is the registered keeper.

My question is does the lease situation alter the way this fine should be contested? The leasing company has offered a "third party letter" for us to deal with Athena directly. They say that the relevant parking operator will then reissue the parking charge notice, sending it to our address. Should this offer be taken up? Which course of action is best to take from here?

Many thanks.

spacey2012

I would inform the lease company to actually read the POFA act, which very clearly states it is them who has to inform the parking scammers who was driving, this discharges their liability and costs them nothing.
The scammers will then send you a fake ticket so you can cost them £29 at POPLA

The_Doktor

Many thanks for your rapid reply. To clarify; you're suggesting that I remind the lease company that it is their responsibility to tell Athena who was driving the vehicle? If so, how does this absolve them? It is certainly true that the lease company does not know who was driving the vehicle as two members of the household are insured to drive it.

pogofish

The_Doktor wrote: »

However, I haven't spotted a situation quite the same as the one I'd like to seek your advice on.

My question is does the lease situation alter the way this fine should be contested?

There must be hundreds of identical recent threads to your situation in the Parking Tickets Forum!

You need to have a look in there and confine yourself to threads from the last few months because the post-POFA situation is still evolving.

Also read the Newbies sticky, which will outline your options for seeing them-off nicely. Here:

https://forums.moneysavingexpert.com/discussion/4816822

And lastly, this is not a fine!

The_Doktor

You're right, I hadn't seen the asterisk denoting the hire/lease situation. Indeed, I am still a little confused about this as it appears initially that the lessor providing Athena with the name of the lessee isn't considered a bad thing, but I hope with some further reading it will become clear why.

Many thanks.

Crabman

Hi, I've moved your thread over to the Parking Tickets sub-board

Guys_Dad

You should tell the leasing company that you dispute the charge and under no circumstances should they pay anything to the PPC. Refer them to POFA 2012 and the hirers' responsibility section.

Read it up yourself - it can be found in the BPA COP on the Web in the appendices. As well as in the act itself, of course.

Redx

also look up and tell them to look up the BVRLA too , seeing as they issued the guidance to their members in newsletters etc

then tell them to follow it to the letter !

also use the search word BVRLA on here to find similar threads as well

Coupon-mad

Here's a stupid leasing firm who actually just pay these fake PCNs!

https://forums.moneysavingexpert.com/discussion/4917589

But the useful thing in that thread is the first post which shows a good example of what to write to the lease firm, along the same lines: ''The Protection of Freedoms Act 2012 amendment allows you to pass on the driver's details to the company who has sent the notice. The BVRLA actually instructs its members to do this as good practice.
I am more than happy to allow you to pass them my details so that they have a tangible name and address to pursue. This also absolves yourselves as the registered keeper from any liabilities.''

You could conclude that, if they have any queries you suggest they contact the BVRLA which after all is the recognised Trade Body for their industry, or seek legal advice because their plan does NOT discharge their potential liability whereas a simple letter from them to the PPC, does. Tell them that the BVRLA signed a 'Memorandum of Understanding' with the BPA about these fake PCNs only about 3 months ago on behalf of their members. As such, you would have expected a well-respected Lease firm like theirs to have kept abreast of such issues and have a robust policy already in place since the Act took effect in 2012, not still be tripping over the legislation and failing to simply discharge their liability with one simple template letter, in 2014.