PCN At Doncaster Airport, Paid By Lease Company

Coupon-mad

Northlakes wrote: »

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.

We know that - but a lease firm won't. The OP should certainly be pointing out the MoU and asking


'See the attached Memorandum of Understanding about private parking charges, issued by the BVRLA. Why have you ignored this? I am not liable because you have failed to follow due process and name the hirer, to allow the liability to be transferred and away from yourselves (one letter was needed). This is not a 'fine' so it is not covered by your terms about 'fines and penalties' so please don't quote those terms at me, in response. As a BVRLA member it seems to me that you had no business to just pay any private parking charge - many of them are not even able to hold a keeper liable anyway, under the POFA, due to the type of land or the wording on the documents issued. For your information this so called 'parking charge' appears to have arisen at an Airport - where the POFA 2012 does not apply.

Airports are not 'relevant land' under the POFA; only the driver would have been liable for the charge. You have paid something which was never yours to pay. If the document received from VCS misled you and mentioned the POFA 2012 and 'keeper liability' then your issue is with them. However, having researched the matter, I believe that Notice to Keeper letters issued by VCS at Airports do not suggest a keeper is liable at all. Whoever paid it has misread it or made an expensive assumption.

The BVRLA drew up this information for a reason, so why are you ignoring it and denying hirers and drivers the chance to appeal to a charge which primarily remains the liability of a driver? As soon as you give the name and address of the hirer, your potential liability ends (and there was no liability for any party except the driver, in this particular case due to the type of land involved, which is covered by bylaws). I suspect you have completely misunderstood the nature of this 'charge' and thought it was a real 'PCN' penalty or fine from an Authority, which it most certainly is not. Why should I pay for your error?'

goonerhughes

Many thanks for all the help.
bod1467, thanks for the MoU copy and Coupon-mad, your letter is excellent.

I'll be using both to send to our accounts department so it's not deducted from my wages and they can then raise it with the lease company.
I'll let you know what the outcome is.

Mike172

Im eagerly awaiting the day my lease company (I have a personal lease) do this. I rang them up and they said they would simply pass on the charge for me to sort out (unless it were an official fine for something like speeding or TFL charge) without any fuss. As coupon mad once said to me I hsould get that in writing. I just hope if they do this theres a way round it.

StaffsSW

The fundamental problem with the BVRLA MoU, and indeed the wording of POFA, is that it assumes all rental companies have a standard hire agreement that names the driver, the dates they had the vehicle, and a signed liability statement - all on one convenient piece of paper.

For the daily hire/spot rental business model, this is not far off reality, but when it comes to the longer term lease business, then multi-page contracts are more the norm, and these just confuse the PPCs.

Not all rental companies are the same though. Some of them do bite back at the PPCs...