APCOA appeal rejected - Sorry another APCOA charge (a lease company involved

bod1467

Their T&Cs almost certainly do not cover speculative invoices. I'd be claiming back any charges they may have already applied.

All BVRLA members were reminded last year of their obligations with respect to POFA2021. Are your lease company BVRLA members?

CostCutter

bod1467 wrote: »

Their T&Cs almost certainly do not cover speculative invoices. I'd be claiming back any charges they may have already applied.

All BVRLA members were reminded last year of their obligations with respect to POFA2021. Are your lease company BVRLA members?

Thank you, I don't know if they are BVRLA members I will have to check that.

bod1467

Who is the lease company?

My company car is leased through ALD Automotive, and they are BVRLA members.

CostCutter

bod1467 wrote: »

Who is the lease company?

My company car is leased through ALD Automotive, and they are BVRLA members.

They are Lex Autolease

bod1467

http://www.lexautolease.co.uk/content/advice/links.aspx suggests that they are.

Coupon-mad

CostCutter wrote: »

The contract does say the driver is responsible. However it also says that if futher notices are recieved they will pay and the hirer will be charged the PCN charge plus an admin fee. I have already informed them that I am appealing against the charge and NOT to pay any further notices if recieved. The £12 I have been charged already is the admin fee for them having to forward (with a letter) the original PCN. I don't know if I'll be able to do anything about that.

You've missed the point - this isn't a fine or penalty. That's what we are saying, it's none of their beeswax as it was a driver matter ONLY, not under POFA 2012 for any keeper liability as it's not 'relevant land'.

They certainly have no more business to pay this than to pay your paper bill for you at your corner shop!

CostCutter

Thanks bod1467 and Coupon-mad,

I think I understand what you are saying

I have written this letter to send to Lex, have I covered the point you were making? Apologies if I still haven't got it!!


Dear Lex

Invoice:

Ref:

I have received the above invoice and my account has been debited for the amount of £12. I am writing to request that this charge be refunded to my account immediately.

London Luton Airport land is not 'relevant land' as it is already covered by statutory byelaws and so is specifically excluded from 'keeper liability' under Schedule 4 of the Protection of Freedoms Act 2012. As I am the registered hirer I am not legally liable as this Act does not apply on this land. I have put to the Operator to strictly prove otherwise if they disagree with this point and would require them to show evidence, including documentary proof from the applicable Authority that this land is not already covered by byelaws. Therefore because this land doesn't fall within POFA2012 there simply is no 'keeper liability' for you at all. BVRLA members must adhere to their obligations with respect to POFA2021. To charge me £12 for forwarding a letter dealing with private allegations of breach against a driver (which is not your liability inthe case of non relevant land) is outrageous. It is simply unfair to expect the hirer of a vehicle to pay a charge if the need for you to contact them arises.

I have given you notice that I am appealing against the charge and will not pay any charges that you may invoice against me for payment of the notice or administration fees that you apply.

You, the registered keeper of the vehicle have given me full authorisation, in writing to deal with the matter. I have appealed directly with APCOA in the first instance and now POPLA as the matter has not been resolved. APCOA have my contact details and they should directany further correspondence to me.

Thanks CC

CostCutter

Coupon-mad,

I have added this to the end of my appeal to POPLA:

I would like to make note againthat I am the hirer of the vehicle, a fact which merely makes me the 'keeper'as defined in POFA 2012. As the driver has not been identified by the Operator,I am not liable. I thereforerespectfully request that my appeal is upheld and the charge dismissed.

Is this ok, do you think?

Many thanks again, CC

Coupon-mad

'POFA2021' should read POFA2012 in your complaint to Lex. Send it by post to a named Manager - keep a copy.

And I would cite their own t&cs and point out 'this is neither a fine nor a penalty charge so your t&cs do not cover you to charge for 'handling' this breach of contract allegation which is the potential liability of the driver alone'. You could state as well that 'There is likely to be a second letter and here's a SAE so you can simply forward it to me - you cannot rely upon your t&cs over a fake PCN (non Local Authority/Police) and you have no business to pay it'.

Your POPLA appeal for the other PCN is fine.

CostCutter

Thanks again Coupon-mad :T

POPLA appeal has been submitted and letter waiting to go to Lex.

I will keep this updated with the outcome!