Parking Charge - Leased Car

Bentley125

Hello,

I wonder if someone could give me some advice.

I apparently received a Parking Charge Notice in January 2016 for stopping behind a petrol station. I have only just heard of it now because the company have contacted the company i lease my car from and they have decided to pay which means they will soon be asking me for the money.

The parking charge was from a company called ES Parking Enforcement Ltd and was not done my the local authority or the police.

Please see below some text taken from the terms and conditions on my lease car:

You are responsible for any statutory notices and fines.

You must:
• pay for all parking fines, fees or penalties, speeding fines, bus lane fines and any other fines issued to you during the term of the Agreement relating to the Vehicle or your use of the Vehicle including those which result from motoring offences, violation or traffic or parking regulations.
• pay the London congestion charge if you enter the appropriate zone.

If you do not pay these amounts then Tusker will pay them on your behalf and we will recharge this cost to you together with an administration fee. If as registered keeper of the vehicle, Tusker receives notification of any speeding fine or non-payment of a fixed penalty notice, Tusker will charge an Administration fee of £10 plus VAT for dealing with such notification.

My understanding is that a privately-issued parking charge is not the same as a penalty or a fine so they should not have paid this. This not correct? or does the wording in the T&C cover this?

I also thought that a privately issued parking charge is between the me and the parking company and has nothing to do with the lease company as they have no direct liability for it.

If the lease company come asking for the money do i have to pay this or do i have a way of appealing this with them?

Any help would be really appreciated. :eek:

Comms69

I would suggest you have no liability to Tusker, if they chose to pay this it's their problem.


Your T&Cs are quite clear.

StaffsSW

January 2016?

I've had some fun with ES in the past, and I suspect that Tusker will have tried to transfer liability to you, but ES will have refused for some spurious reason, sat on it for ages, then issued a threatening letter to Tusker. Many leasing companies will just pay up and refuse to challenge the invoice/PCN, which leaves you with no option of appeal.

As above, this doesn't fall into any of the "fines" listed in their T&Cs, and should be contested. Don't expect it to be easy though.

Tusker are in the BVRLA who are an approved dispute resolution service, so it may worth escalating it to them if your initial contact is fruitless - https://www.bvrla.co.uk/advice/guidance/using-bvrlas-conciliation-service

Bentley125

Thank you both for responding

I haven't officially been contacted by Tusker yet requesting the money so once i have this i will be appealing. It is done through my work so someone at my work made me aware of it so i wasn't shocked when it came through.

I refuse to pay this so i will let you know how it goes.

BikingBud

Have a look at this:

https://forums.moneysavingexpert.com/discussion/5644386

as you may appreciate BVRLA are part of the club so they may consider that their members are entirely compliant.

If they have no way of getting the cash from you I would leave it. If they take it from you you might have to consider how you can get it back.

Bentley125

Does anyone know where i can find a template letter i can amend to write to Tusker.?