Parking Eye Hospital PCN via Leasing company

dadsma

nigelbb wrote: »

They cannot appeal on behalf of the leasing company so need to wait for their own Notice To Hirer & then confirm that it is accompanied by all the necessary documents required by POFA to enforce liability.

Recap:-

The leasing company received an anpr Notice To Keeper from Parking Eye. The NTK is addressed to the leasing company. They forwarded it to the hirer requesting him to deal with it and have charged £12 administration fee.


The hirer has sent me a copy of the Lex Autolease agreement. He is worried that if he simply waits and doesn't reveal his details to Parking Eye the lease company will pay the charge and recoup it from him. Here is the relevant section:-

HIRE AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974

YOUR OTHER OBLIGATIONS

(f) You must pay all fees, fines (including all speeding, parking and any traffic congestion charge fines) and other sums and meet all liabilities arising from your possession or use of the Goods. We may charge you £25 for each demand that is referred or sent to us. If you do not pay or do anything required of you, we may do it and charge you. If we do this, we may charge you a further £25 for each charge that we pay.

Your thoughts please.....

Carthesis

Write to the lease-hire company and tell them that your friend will be only too happy to appeal this charge, as he believes it is entirely without merit, but that for him to be able to do so, he must first receive the appropriate fully-compliant documentation from PE. Further, ask them to confirm that his details were passed along as the HIRER ONLY, and that the hire company have not incorrectly named your friend as THE DRIVER.

Further point out to them that any charges they choose to pay are their responsibility, but that when your friend is successful in getting this charge cancelled, he expects that any and all administration fees charged to his account will be refunded.

dadsma

Thank you Carthesis, but the leasing company have not provided any of the hirers details to Parking Eye. They asked him to pay or appeal the NTK which is addressed to them, not to him. Anyway it is now outside the appeal window so I am unsure what to advise. Please help further.

dadsma

dadsma wrote: »

Recap:-

The leasing company received an anpr Notice To Keeper from Parking Eye. The NTK is addressed to the leasing company. They forwarded it to the hirer requesting him to pay or appeal.

The hirer has sent me a copy of the Lex Autolease agreement. He is worried that if he simply waits and doesn't reveal his details to Parking Eye the lease company will pay the charge and recoup it from him. Here is the relevant section:-

HIRE AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974

YOUR OTHER OBLIGATIONS

(f) You must pay all fees, fines (including all speeding, parking and any traffic congestion charge fines) and other sums and meet all liabilities arising from your possession or use of the Goods. We may charge you £25 for each demand that is referred or sent to us. If you do not pay or do anything required of you, we may do it and charge you. If we do this, we may charge you a further £25 for each charge that we pay.

Your thoughts please.....

Is there a forum member who can please give an informed opinion on whether the paragraph gives the lease company the right to treat a ppc charge the same as a proper fine? Perhaps Edna Basher?
Thank you

Coupon-mad

The hirer could bung in a quick appeal choosing 'hirer/lessee' in the ParkingEye website 'contact' form, saying that they have been passed the PCN as hirer (then add the rest of the template appal in the NEWBIES thread). I've done it this way before - always works.

That causes PE to then send a new PCN (NTH this time), without explanation, to the named hirer. The hirer/lessee then repeats the action above, appeal AGAIN as lessee/hirer but this time to the Notice to Hirer.

Finally they get a POPLA code, then they win at POPLA.

dadsma

Thank you C-M. Will follow your advice to contact the ppc directly.

Edna_Basher

This is unusual for Lex - I would have expected them to simply pass the hirer's details on to ParkingEye electronically (as per the arrangement that was agreed between the BVRLA and the BPA). That's what they normally do.

Follow C-M's advice and bung in a hirer's appeal to ParkingEye.

I'd also contact Lex and ask them why they didn't just transfer liability to you as per the provisions of POFA 2012.

dadsma

Thank you E B

Edna_Basher wrote: »

This is unusual for Lex - I would have expected them to simply pass the hirer's details on to ParkingEye electronically (as per the arrangement that was agreed between the BVRLA and the BPA). That's what they normally do.

Perhaps Lex's computer went awol that day.

Edna_Basher

Yes, something obviously went very awol.

I suggest that you let Lex know that in submitting your dispute with ParkingEye, you've confirmed to PE that you were the vehicle's hirer; therefore in accordance with the BVRLA / BPA Memorandum of Understanding* Lex should receive no further correspondence from PE. Ask Lex to alert you immediately in the event that PE do contact them again.

* Paragraph 5.1.2 of the BVRLA / BPA Memorandum of Understanding states that BPA members will only contract a BVRLA member after a representation has been made against a PCN where the nominated customer or hirer raises a formal dispute directly with the BPA member that they did not hire or lease the vehicle at the material time.

dadsma

Edna_Basher wrote: »

This is unusual for Lex - I would have expected them to simply pass the hirer's details on to ParkingEye electronically (as per the arrangement that was agreed between the BVRLA and the BPA). That's what they normally do.

I'd also contact Lex and ask them why they didn't just transfer liability to you as per the provisions of POFA 2012.

This may be why they didn't, the explanation of how they deal with private parking "fines", from the Lex Autolease website:-

"Private Parking

On receiving a Private Parking notice we will follow the customer’s policy and either pay or nominate.

If the customer’s policy is to pay the fine we will send a cheque to the issuing Private Parking Company and recharge the full amount to the customer. Depending on the policy, this could incur an administration fee.

If the policy is to nominate company address details, we will provide these details to the Private Company. Once the address has been received the Private Parking Company will transfer the liability into the customer’s name and issue them with a fresh notice. It then becomes the responsibility of the customer to either pay, appeal or nominate further. Depending on the policy, this could incur an administration fee.

If the policy is set to nominate driver address details, due to the Data Protection Act we are unable to provide these details to a Private Parking company. In these instances we will pass the notice directly to the customer’s address with a covering letter advising the customer to take action by either paying or appealing. Depending on the policy, this could incur an administration fee.

If, after 28 days, the customer has failed to make payment or appeal, the liability will be transferred back into Lex Autolease’s name - as the owners of the vehicle. Lex Autolease will then make contact with the customer giving them five working days to respond; if no response is made Lex Autolease will pay the now higher fine amount and fully recharge this to the customer.

All appeals can be made directly to the Private Parking Company should you wish to do so."

I am confused by this. There doesn't seem to be a policy for a private hirer.
Lex won't provide a DRIVER'S details to the PPC because they are fearful of contravening The Data Protection Act. However they don't know the identification of the driver, only the HIRER. Could this driver/hirer conflation be a misunderstanding of their data handling responsibilities and perhaps explain why they ignore POFA 2102 and don't pass on the private hirer's details? We will ask them to explain.