Parking Charge on a personal leased car

savingisthegame

Hi Guys,

received a "parking charge" from UKP

leasing the car. They are named as registered keeper of the car.

I know on the leasing terms it says all fine etc are paid by them then they send the bill to me with an admin charge on top.

So what are the options?

Thanks in advance ��

Umkomaas

If all you’ve received is a windscreen ticket then you need to distract the PPC from contacting the DVLA to obtain the RK’s details. If they do so, the danger is that the hire company will blindly pay the charge, bill you for it and add a tasty admin fee for themselves.

You do this by appealing to the PPC (NEWBIES FAQ sticky, post # 1, blue text template) around day 25 after the parking event. You are the (day-to-day) Keeper of the vehicle and can argue that the PPC, by not fulfilling the requirements of PoFA (no Notice to Keeper), cannot hold you liable. You will win this at POPLA.

The alternative strategy is to contact your hire company and ask them how they would deal with a private Parking charge invoice, as opposed to a council parking penalty. Do they follow the advice given by their trade body, the BVRLA in the Memorandum of Understanding (MoU)with the British Parking Association.

https://www.dropbox.com/s/9b0iavad3aqeh28/BPA%20BVRLA%20MoU.pdf?dl=0

Talk to them about the possibility that they might get a NtK from UKPC (if you don’t follow option 1 above) and would they handle it precisely in the way the MoU and the Protection of Freedoms Act 2012 provides for.

Then you need to decide how you want to play this.

Here’s an example of the potential mess you can hopefully avoid.

https://forums.moneysavingexpert.com/discussion/5740216

StaffsSW

Umkomaas wrote: »

If all you’ve received is a windscreen ticket then you need to distract the PPC from contacting the DVLA to obtain the RK’s details. If they do so, the danger is that the hire company will blindly pay the charge, bill you for it and add a tasty admin fee for themselves.

This....! Hitachi will pay it as soon as it arrives, and you lose any chance of appeal. It's arguably harder to extract yourself from that payment than it is UKPC. Hitachi are just an asset finance company, and have very little knowledge of the day to day issues of vehicle supply.

Contact UKPC as Keeper, but also contact Hitachi to let them know you are dealing with it.

Umkomaas

Good advice from StaffsSW - he’s very experienced on the care hire front. Go with it.

Thanks SSW.

savingisthegame

Hu guys thanks for the speedy replies ��

So pop an email over to Hitachi say I've been issued a "Parking Charge" and that i am dealing with it directly.

And to UKPC...

Send an email or a letter?

Also what exactly do i send on the noobie thread.

I want to make sure i send the right part.

Thanks

Umkomaas

And to UKPC...

Send an email or a letter?

What does their windscreen ticket say? Follow the method advised on it.

Also what exactly do i send on the noobie thread.

Did you miss what I said in my advice in post #2?

You do this by appealing to the PPC (NEWBIES FAQ sticky, post # 1, blue text template) around day 25 after the parking event.

savingisthegame

It says on the newbies wait 25 after the event.. but then says appeal early

If you are not the registered keeper - e.g. a hire/company/lease car - see asterisk below and appeal EARLY. *

Why do i need to wait so long to reply? Won't that give them time to send a letter to the Leasing company?

It says on the back of the ticket
Part 2 - Contesting this parking charge

Representations concerning this Parking Charge should be made within 28 days (beginning with the day after this notice was given) online at ukpcappeals or in writing ..."

So im guessing send this template via online contact form

"Dear Sirs

Re: PCN No. ....................

I challenge this 'PCN' as keeper of the car.

I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers."

Thanks sorry im kinda bit confused what exactly to send!

System

That appeal is fine as all you want is to be able to appeal to the next stage (POPLA) and you need UKPC to reject your appeal.

You'll need to do some work at the second stage to prevent it going back to Hitachi.

Umkomaas

It says on the newbies wait 25 after the event.. but then says appeal early
If you are not the registered keeper - e.g. a hire/company/lease car - see asterisk below and appeal EARLY. *
Why do i need to wait so long to reply? Won't that give them time to send a letter to the Leasing company?

The PPC is unable to access the DVLA database until after day 28, so leaving it to day 25 should mean them not being able to do so.

But, on reflection, and given Hitachi’s likelihood to blindly pay this off, by all means send the initial appeal in earlier (immediately if you wish to) and keep UKPC well clear of Hitachi. Without DVLA confirmation UKPC will have no idea that anyone other than you has any interest in the vehicle. So keep it that way.

As IamEmanresu says, the initial appeal is purely the route to a POPLA Code.

savingisthegame

Thanks

So will fill I there on-line form with my name and address and as the REGISTERED KEEPER
I have also elected to "If you would like to receive the response to your appeal by e-mail please check this box."and send them the below:

Dear Sirs

Re: PCN No. ....................

I challenge this 'PCN' as keeper of the car.

I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

Should you obtain the registered keeper's data from the DVLA without reasonable cause, please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me.

I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,


and wait for a reply.....All correct? :

Umkomaas

Have they asked you for your name and full address? If so, despite them informing you of the result by email, do provide them with the details they require. Be careful with any drop down box on their website which defaults to ‘I am/was the driver’ (even though you change it, but later make an amendment to any information, it will revert back to the default).

If you’re giving them an email, create a throwaway via Gmail or Hotmail, so they don’t have access to your regular email, and at the end of it all you can simply delete the throwaway from your desktop.

That is the blue text template we advise sending. I presume you’ve made no alterations to it?