CPM Parking fine on leased car

B789

Assuming you contest the PCN and win, whether at initial appeal, second appeal or small claims court, you would be in a strong position to challenge the admin fee from the lease company.

Private parking companies have more powers to reclaim parking charges due to the recent court case for Parking Eye Vs Beavis case, whereby the case was awarded to the parking company for unpaid charges.

More private parking companies are issuing county court claims against any non payments for parking charges and the success of appealing against whether the notice is valid is now rarer due to this case.

We would request any driver challenging the validity of a fine to seek legal advise form a trusted professional and avoid any internet forums/newspaper articles as these can be either out of date or opinion based.

Pretty obvious that the leasing company are somewhat naive about the PPC problem and the successes of this site. :doh:

DoaM

As this is a business contract hire rather than a private contract hire then T&Cs may be different. However post #2 addresses the key items: you need to check exactly what the contract T&Cs say.

At least Arval have done the right thing in naming the hirer rather than just paying the PCN.

The_Deep

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the House of Commons recently

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41 recently.

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.

beamerguy

Private parking companies have more powers to reclaim parking charges due to the recent court case for Parking Eye Vs Beavis case, whereby the case was awarded to the parking company for unpaid charges.

They are living in the clouds about the Beavis case
Barry Beavis ended up in the Supreme Court as he challenged
the amount of £100 asking was it fair ??? The judges ruled
it was fair. End of story for that case.

This created two problems ...
1: Parking companies thought they had carte blanche to
ticket everyone even for minor offences and just ignored
the fact that Beavis was only about the fairness of £100
2: The decision of the Supreme Court then created a huge
problem for the County Court who are now flooded with
timewasting cases

More private parking companies are issuing county court claims against any non payments for parking charges and the success of appealing against whether the notice is valid is now rarer due to this case.

Yes they are but the courts now realise that these
timewasting cases are so poorly put together by so called
legals that the motorist can easily beat them in court.
What a fabrication to say that the appeals success rate ir
rare due to the Beavis case. The judges in court have already
dismissed cases who use the Beavis case as a try on

We would request any driver challenging the validity of a fine to seek legal advise form a trusted professional and avoid any internet forums/newspaper articles as these can be either out of date or opinion based.

What total rubbish, it is forums like these that win many many
times against the great parking scam

Whoever wrote that letter should consider writing childrens
books as that is where most of the fairy tales can be found.

I wonder what this company would think about this,
a government document ......
https://hansard.parliament.uk/commons/2018-02-02/debates/CC84AF5E-AC6E-4E14-81B1-066E6A892807/Parking(CodeOfPractice)Bill

If they are that smart ?????

The_Slithy_Tove

outraged_ wrote: »

[FONT=&quot]The admin fee would apply in this instance as the charge is contractual as per the agreement with XXX for processing the documentation for fines and parking charges. [/FONT]

Does the contract with XXX actually say exactly that (especially the words I have highlighted)?

B789 wrote: »

Pretty obvious that the leasing company are somewhat naive about the PPC problem and the successes of this site. :doh:

The thing is, they are not, or really shouldn't be. They are a car leasing company, so would see this all the time. The number of times ARVAL come up in these forums suggests this is the case.

Half_way

I'm challenging a UKCPM parking fine which is wrong on many levels on a car leased by Arval.


they haven't paid the fine and transferred the liability to me, but are refusing to wave the admin fee.

You must under no circumstances refer to this as a fine when dealing with a hire / lease company

The Terms and conditions probably have a clause about paying fines and admin fees, however you have not been fined, and this is critical when dealing with the lease/hire company.


Its usually best practice to keep all things in one thread, without searching through countless 100's of threads, i dont know why you got a parking charge notice in the first place, What actions have you taken with the landowner over the parking charge?

Guys_Dad

Post up their t&c re any parking charges so we can advise better.

If it's in the lease, you are stuffed.

If not, then you will need to claim through your bank, credit card or small claims court

Coupon-mad

Take Arval to the dispute resolution of the BVRLA. Google it and do that.

outraged_

These are the T&C's - many thanks for your help!

Fines & Penalty Charge Notices


- Frequently Asked Questions


How does Arval administer penalty charge notices?


When we receive a demand relating to the use of your lease vehicle, we will provide the Issuer making the demand with the name and address we hold on record for you. They will then contact you directly.

Where you are entitled to a discount period, it will restart from the date the demand is re-issued to you by the Issuer.


Why does Arval provide my details?


Although your lease vehicle is registered to Arval, you are the hirer. When you or your company signed the agreement contract at the start of your lease, you agreed, as the hirer, to accept all responsibility for

liability. This includes taking all appropriate action resulting from legislation for the payment of fines or penalties for parking, driving or similar offences or contraventions in connection with the vehicle.


Who is now liable for the charge?
Once Arval has transferred the fine or penalty notice charge to you, our responsibility for the fine or penalty notice charge ceases.


Why am I charged an Administration Fee?
When you or your company signed the agreement contract at the start of your lease, you agreed as the hirer that Arval is entitled to charge you a reasonable administration fee for any work carried out, or documentation processed, relating to the Liability. The cost of the administration fee is included in your letter. This charge covers the work involved in processing your fine or penalty notice charge with the Issuer and you.Please be aware that the administration charge may show in the next invoice before the fine/charge is reissued by the authority.
Fines & Penalty Charge Notices



- Frequently Asked Questions


Will the administration fee be refunded if I successfully appeal and win?


The administration charge will only be refunded if you successfully appeal the fine or penalty charge notice and the Issuer confirms that it was issued in error. Once you have received confirmation that the fine or penalty charge notice was issued in error, please contact [EMAIL="fines.team@arval.co.uk"]fines.team@arval.co.uk[/EMAIL]


Will Arval provide a copy of fine?


No, because we have asked the Issuer to transfer the fine or penalty charge notice to you. They will reissue the fine with the correct details to you directly.The timescales may vary depending on the

Issuer. You might be able to view the fine or penalty charge notice online by visiting the Issuers website and entering the fine or penalty charge notice number.


Will Arval be able to provide evidence of the fine/charge occurring?


Arval is unable to provide evidence of the fine or penalty charge notice (for example photographs or CCTV). This will be provided by the Issuer upon reissue. The quickest way for you to see the evidence is to visit the Issuers website and enter the fine or penalty charge notice number. How do I appeal the fine/charge?


You may be able to appeal your fine or penalty charge notice by following the Issuers process. Please make sure you have the evidence required to make the appeal. For more information on how to appeal,

please visit the Issuers website and enter the penalty charge notice number.


To help you better understand how to appeal PCN and private parking charges, we have created the
following guides:

Appealing private parking charges (pdf)
Appealing a penalty charge notice (pdf)

outraged_

Half_way wrote: »

You must under no circumstances refer to this as a fine when dealing with a hire / lease company

The Terms and conditions probably have a clause about paying fines and admin fees, however you have not been fined, and this is critical when dealing with the lease/hire company.


Its usually best practice to keep all things in one thread, without searching through countless 100's of threads, i dont know why you got a parking charge notice in the first place, What actions have you taken with the landowner over the parking charge?

Apologies, I will revert back to my original post. It can be found here https://forums.moneysavingexpert.com/discussion/5884889/cpm-parking-fine-on-leased-car