UKCPS PCN contract hire vehicle

kamz58

Hi Guys,

I have been sent a letter by my Leasing company Alphabet today that they have paid UKCPS 60£ for a penalty charge notice. Alphabet are asking for another extra 30£ as admin fee too.
The copy of PCN that they have sent me says that I overstayed in Weldale retail car park for more than 2 hours on 31st of Jan 15. which is totally not the case. There was no PCN left on my windscreen or anything. Alphabet received the PCN on 03 Feb.
I have gone through the newbie post but I am a bit confused about what can be my best course of action. What I have understood from it is that I should use the template and appeal to UKCPS. Can someone with a similar experience help me out please.

kamz58

I would really appreciate if someone could guide me towards the right thing.
Thanks

Coupon-mad

You can't appeal if Alphabet have paid the thing, it's too late. They should not have done, this was your PCN and Alphabet just needed to give UKPCS your details. It's not a penalty charge so unless their t&cs also cover 'private charges' (NOT FINES) Alphabet were in the wrong.

Try searching this forum for Alphabet or 'lease hire paid' or 'BVRLA' to find threads talking about what to do and say as part of your complaint to Alphabet.

bod1467

What do your T&Cs with Alphabet say as regards parking? (I bet they talk about fines and penalties, not parking charges/invoices).

Are you contracted direct with Alphabet, or is this a company car and your company has a car policy? If the latter, what does the policy say about parking? (Again, I bet they talk about fines and penalties, not parking charges/invoices).

Your only course of action (after confirming what the T&Cs say) is to deny any liability and say that if the £30 is taken then it will be breach of contract. Remind them also that their trade body (BVRLA) issued guidance last year on how to address private parking invoices: namely they should discharge any liability by providing the name and address of the hirer.

There's nothing you can do with respect to the PCN itself - Alphabet have already (stupidly) paid it.

PS - this was what Alphabet said when I asked the question in September 2013 (I have a company car, and Alphabet are one of our lease companies):

Many thanks for your email. Whilst I cannot comment or express an opinion on the {Company} car policy I can advise that Alphabet are dealing with any fines or parking charge notices received in accordance with what was agreed in the MHA and at implementation. There was a change in the law on the 1st October 2012 with regards to parking charge notices received from private parking companies when the Protection of Freedoms Act came into force. This act gives private parking operators the right to demand the payment of a parking charge notice by the registered keeper of a vehicle (rather than the driver as previously). If Alphabet receives such a demand then unless we can show that, at the time the vehicle was parked it was stolen or not actually registered to Alphabet, we pay and reclaim the charge from {Company} as agreed.
I hope this helps but if you have any questions please let me know

They were wrong then - they are still wrong now.

kamz58

I have a personal contract hire contract with Alphabet via a broker.
I did read something about paying fines etc in the contract but I will check it in detail once i get home and I will let you guys know.
I also called Alphabet and explained them the situation, they told me to email their Vehicle Admin team about the issue and they will guide me on how can I appeal for the fine but after reading the comments here it looks like its nothing but !!!!!!!!.

bod1467

They've already paid it so there's nothing to appeal. (Other than to TELL them that their admin fee is not enforceable).

And IT WASN'T A FINE!

kamz58

This is what I found in the contract:

"If we receive notice of a vehicle charge from an organisation, we will either (at our discretion) 1) pay it on your behalf, without giving you prior notice, and recharge it to you. or 2) provide the organisation making the charge with your details, In each case we will charge you an admin fee of £12 plus VAT for the service. We will not pay the vehicle charge if it relates to an endorsement offence."

and this the reply I have got from Alphabet to my email i set them.


" Good morning,

Thank you for your email,

As Alphabet are the registered keeper of your vehicle, any fines come directly to us and are paid in order to stop the possibility of further escalation.

Unfortunately, we are unable to inform you before paying any future parking charges received for your vehicle as it is in the contact, which you took out and signed with us, that we will pay and recharge all fines.

Despite the charge not coming from the police or a local authority, it is still valid due to the Protection of Freedoms Act 2012 which means that private parking companies have the same rights as local authorities to pursue the registered keeper of the vehicle for payment of a parking charge.

We can however, offer you our Advanced Fine Notification (AFN) service which means that when we receive and pay a charge for your vehicle, we will send you an email within 48 hours of our doing so. This means you will be aware of any charge earlier than upon receipt of your monthly fine recharge invoice, which is currently the case. Should you wish to be added to this, please let us know.
Unfortunately any query regarding this charge would have to be taken up directly with the issuing authority; UKCPS

Please find attached a letter of authority from Alphabet to dispute your charge which I would suggest submitting to UKCPS along with your reasons for appeal.
As Alphabet have already paid this charge as per your company’s current process with us, should your appeal be successful we will receive a refund from UKCPS
Please send us confirmation once you receive it that your parking ticket has been overturned.
Following this, upon receipt of the refund from UKCPS, we will be able to credit you for the parking charge as well as for the admin fee incurred.
Should you have any further queries in the meantime, please do not hesitate to contact us.
Kind Regards
Alphabet (GB) Limited "

bod1467

Looks like they've changed their T&Cs to make it easier for them to join in with the scam ... even though they are expressly going against their trade body's advice (BVRLA).

One point to note though ...

As Alphabet have already paid this charge as per your company’s current process with us,

I thought you said you had a direct contract with Alphabet? If you do, what does your company's process have anything to do with it? Does the company car/driver policy have different wording?

PS - UKCPS will NOT entertain an appeal for a paid PCN - period.

kamz58

bod1467 wrote: »

Looks like they've changed their T&Cs to make it easier for them to join in with the scam ... even though they are expressly going against their trade body's advice (BVRLA).

One point to note though ...



I thought you said you had a direct contract with Alphabet? If you do, what does your company's process have anything to do with it? Does the company car/driver policy have different wording?

PS - UKCPS will NOT entertain an appeal for a paid PCN - period.

I have a direct personal contract with Alphabet. I think they just copied and pasted this bit from their generic emails.

Fruitcake

A contract that denies you an opportunity to an appeals process and forces you to pay what in effect is a penalty after the fact is an unfair contract.

I would complain to the BVRLA (assuming that Alphabet are members) pointing out the above, and dispute any and all charges with Alphabet. If you pay by credit card, put the charges in dispute with your cc provider. I would also instruct your broker to find another lease company that won't rip you off (if there is such a thing.)

enfield_freddy

an organisation , not what I would call UKCPS they are a tidly little company that is not even vat registered.

note: company , not an organisation.


do Alphabet leasing pay out everytime they receive a non vat letter from someone asking for money?


just as a second thought , ask Alphabet for UKcps vat number as you need it for your accountant ,


no vat No , no pay