ZZPS writing to leasing company over PCN

Axle81

Hi,

I'm posting on behalf of my partner here. She has a leased vehicle and works for the NHS as Health Visitor.

Up until recently (they've now been sacked by the MA's) we had a private parking company "One Parking Solution" operating on our estate. The roads are council owned but the visitors bays were patrolled by the aforementioned.

She received a PCN for parking in a Visitors bay without showing the permit (it just fell off the dashboard, simple as that.)

Now I know I can defend this under Primacy of Contract as there is nothing in the terms of our tenancy agreement relating to parking and we can legally enjoy parking around the property as residents wherever we like. (One contract cannot unilaterally override another)

Problem is they are writing to the leasing company for the NHS and have received another letter from ZZPS now threatening Bailiffs or some rubbish.

There is no way I want us to pay the £180 to this despicable company ticketing residents on their own estate - however I need to know how to get any further correspondence transferred to us at our home address and keep the leasing company and the NHS Trust out of it.

My partner is embarrassed and worried that she should just pay it. There must be a way divert the attention to her as the keeper of the vehicle (after all, a company cannot drive) and then I will "deal" with them as I am on a couple of my own PCN's!

To add, I'm almost certain that under the terms of a lease, fines and penalties do not include tickets from private parking companies.

We need to act quickly as the Fleet Manager is saying he'll pay it if we don't sort it out.

Thanks v much

Axle

nosferatu1001

Terms of a lease for the car? Fines and penalties CANNOT refer to a private invoice

Did you not appela this in the HIRERS name? They will NOT have sent the required documents through, to establish hirer liabiltiy as required in para 13 and 14 of POFA

Thats how everyone gets it away from teh lease company - appeal.

Umkomaas

Or get the lease company to declare your partner to One Parking as the vehicle's hirer (not driver).

Coupon-mad

I know I can defend this under Primacy of Contract

No need to defend. Unless they change the habit of a lifetime, OneParking don't sue. But she needs to hook OPS in her direction, away from the clueless Fleet Manager.

Problem is they are writing to the leasing company for the NHS and have received another letter from ZZPS now threatening Bailiffs or some rubbish.

Why didn't the Fleet Manager name the hirer and transfer liability (to remove their potential liability easily) so the lessee/hirer could then appeal and win at POPLA, also dead easily?

We need to act quickly as the Fleet Manager is saying he'll pay it if we don't sort it out.

So tell him what to do...to transfer liability to the hirer/lessee by giving her name & address to OPS. There was even a slip on the first letter enabling the Lease firm to do exactly that, why didn't they?

My partner is embarrassed and worried that she should just pay it. There must be a way divert the attention to her as the keeper of the vehicle (after all, a company cannot drive) and then I will "deal" with them as I am on a couple of my own PCN's!

Embarrassed about a fake PCN being sent to the Lease firm, and them not dealing with it properly? I'd be embarrassed about the Fleet Manager too! Stoopid! Why don't they know what to do? If they are in the BVRLA, they should know.

Get him to handle this properly. Easy. He must simply write to OPS and name her, name and address, in writing, then she gets her own PCN and all letters and should get the chance to appeal to POPLA.

That's why the POFA is written to allow for lease firms to do this! The law allows it. What is the matter with clueless Fleet Managers?