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LDK Parking Fine Leased Car

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Comments

  • Umkomaas
    Umkomaas Posts: 43,804 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    That's it! Get it away.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Thanks everyone for the quick responses and help, I'll post the outcome at a later date.
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    And notify the leasing company that you are taking responsibility, that they have your permission to pass your details on to the PPC as keeper should the PPC not act on your letter (enclosed) and that they DO NOT have your authority to pay this speculative invoice on your behalf.
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 11 January 2015 at 12:21AM
    Thanks everyone for the quick responses and help, I'll post the outcome at a later date.
    Send a copy by email or with a letter, NOW to the Lease firm as well and tell them 'I have appealed this fake PCN from a private firm, here's a copy of my appeal letter' just in case they also get sent something, there will be NO lawful reason they can get involved now.

    Add in your letter to the Lease firm that, of course you don't expect for one minute they would step outwith the 'Memorandum of Understanding' that the BVRLA agreed with the BPA a year ago, but just in case they were tempted to pay any fake private PCN (i.e. dead easy to spot, these are any PCN which is from a private firm rather than a Local Authority, where they do not have the word 'penalty' as part of the PCN acronym) then this letter/email is to state that you do NOT give authority for them to ever pay one of these from any private firm. Ask them to send you any that are received and they can if they wish, also give your name and address to the sender as long as that doesn't involve a disproportionate admin fee from 'lease co' because you have not agreed to that.

    Tell them that owners like lease firms are NOT liable because they are not the 'keeper' as defined under the POFA 2012 (you are the day to day keeper in fact). Also, in almost every case, private firms do not send a compliant Notice to Keeper. In any case the MOU between the BPA and BVRLA (the lease firm's probable Trade Body) enables them to simply give the name and address of the hirer. You hereby agree that 'lease firm' can provide any private parking company which sends them a letter, your name and address as hirer. This applies to any private PCN at all in the future and you will NOT reimburse any mistaken payment made to such a disreputable industry which has nothing to do with any 'authority'. Such invoices are a private civil matter and remain primarily the liability of the driver - even after the POFA 2012 was passed. And invoices for the driver do not fall within the 'fines' section of your lease agreement anyway.*



    * check that, of course. Keep a copy in your files in case you ever get stung if the lease co later pay one. You could then prove the above letter was served in Jan 2015.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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