PCN At Doncaster Airport, Paid By Lease Company

goonerhughes

Looking for some assistance/advice on a PCN I've been given at work for my company car.
This was initially sent to the lease company who have paid it and then sent it on to my employer along with an invoice for the PCN and their admin fee. I'm told that the full amount will be deducted from my next wage even though I've been given no opportunity to appeal.

Can I still appeal this even though it's been paid?
I've contacted the lease company who have said it is their policy to pay them upon receipt but they have also provided a standard letter they have giving me their authority to contact the PCN issuer directly regarding any appeal.

The PCN is from Vehicle Control Services Ltd and the photos clearly show my brake lights on in each of the pictures as I recall I didn't 'park' but just stopped for about 30 seconds to get out my glasses so I could read all the signs as even though it was only 6:30pm it was a very dark and murky night with heavy rain.

Any assistance with getting this refunded to the lease company so they can cancel their invoice would be very much appreciated.

Northlakes

I wish lease companies would just realise these PPC's are just operating a scam and their customers are the victims.

Unfortunately it will be difficult to recover your monies as this whole PPC scam is a money extraction process rather anything to do with parking.

Appealing is now useless as this PPC has now joined a particularly nasty trade organisation mainly comprised of ex-clampers.

There may be a way under recent consumer legislation (from 1st October) where you may be able to sue VCS as they have gained the owners details through a prohibited practice.
Others may be able to advise you further.

Northlakes

Just to add don't contact VCS yet and disclose who was driving as this information would be critical to any recovery of your money.

Northlakes

Some things to consider,

Was the 'stopping' after 1st October 2014?

Stopping is not parking and is classed as a should be classed as a safety event!

This not relevant land for PFA 2012 so read up about VCS at Liverpool Airport and Parking Eye at Southampton Town Quays.

If you have the time and wish to take the trouble this could an interesting learning journey.

Many of the forum experts were duped in the past and they have become a thorn in the side of these illegitimate companies.

bod1467

Raise a grievance through your work's processes?

Them deducting the charge will almost certainly be in breach of the T&Cs of the company car policy. I am 99.99999% sure that the car policy will mention fines, penalties and statutory charges ... a PCN from a private company is NONE of these. Therefore the company will be in breach of company policy by trying to recover this from you.

And the lease company should already know the correct course of action ... they will likely be members of the BVRLA so should be aware of the Memorandum of Understanding that was issued jointly by the BVRLA and BPA in November 2013. (The correct course of action was NOT to just pay the PCN).

Half_way

almost certainly be in breach of the T&Cs of the company car policy.

and that will be the key .

What are the terms and conditions?
As with most things like this the exact wording is important, as above it probably mentions fines penalties authorities etc
but without this information any help will be purely speculation and possibly a waste of time

Want more help?
What are the terms and conditions relating to the use of the car?

goonerhughes

Thanks for the assistance. This happened on 13th October 2014, was a law or something changed from 1st October 2014 that could assist me?

The company policy has the following points in it:
• Payments relating to parking and speeding fines are the driver’s responsibility.
• Unpaid parking and speeding fines involving payment by the company will be recovered from the driver together with the administration costs incurred.

And due to my position I don't wish to raise any issue directly with my employer, it's more with the lease company for paying it before I had chance to appeal. I'm told that their contract states that this is their policy though.

The lease company are members of the BVRLA as the logo is on the bottom of their invoice. I intend to approach them about the Memorandum of Understanding from November 2013 that was mentioned, thanks. Will I just be able to find this online should I have to quote anything to them?

bod1467

Is that the EXACT wording? If yes then the breach applies ... they mention fines; the PCN in question was not, is not, and never will be, a fine.

I did a quick Google but couldn't find a link to the MoU. However I have a copy so I've stuck it up on Dropbox.

https://www.dropbox.com/s/9b0iavad3aqeh28/BPA%20BVRLA%20MoU.pdf?dl=0

Section 4.3 is the key section I think.

Half_way

Again, is that the exact wording as published in a handbook or other such documentation?

Northlakes

Another complication here is that I understand that VCS became an IPC member on 1st October 2014 so the BPA agreement isn't valid unless a separate agreement has been made with IPC members.

I have had company cars for years and you should have been notified far earlier so that an appeal procedure would have some relevance (if it ever did with IPC members). If the keeper doesn't want to cause a fuss with the employer apart from suing VCS herself/himself I can't see a resolution to this.

The OP should edit the original post and remove the 'I's and refer just to the driver who may be another family member or other employee.
The OP needs to read up on the Consumer Protection(amendment) Regulations 2014 where VCS has in my opinion misrepresented the fact this is not relevant land for POFA 2012 to obtain the vehicle keepers details by a prohibited practice.

See what others think.

Northlakes

Follow this BM is an expert.
https://forums.moneysavingexpert.com/discussion/5111796