LIDL PCN paid by Lease company

Cocoko

Hello all,
Does anyone have any experience of this, I would be really grateful to hear and hopefully help others too.
I lease a car through my employer and received notice that a PCN was received for my car 3 weeks after the incident. It was in a Lidl car park and I over stayed for 17 minutes.
I do have a till receipt for some shopping I did and what I believe to be mitigating circumstances in that I was also in a meeting with vulnerable people as part of my job and struggled to get away on time.
My employer is not going to meet the cost, but have informed me that I now have a £75 fee to pay, £45 for the parking ticket and £30 in admin fees.
I am waiting to hear back from the lease company Alphabet on their appeals process, but am hoping that the circumstances may mean I can appeal.
I have seen lots of people appealing to Lidl CEO and getting the PCN cancelled, especially with a till receipt and mitigating circumstances which I have, however I don't know if it is worth doing this because Alphabet have paid it. Or should I still proceed and try and get it refunded?

Thank you so much in advance
CoCo

DoaM

What does your company's Car Policy say about such charges? If it's like mine and refers to Fines and Penalties, then the PCN that was issued is neither of these and thus not covered by the policy. Ergo you are not liable for the charge never mind the admin fee.

By the same token, the lease company paying the spurious Invoice (which is what it was) has removed any ability for you to appeal it. They also had no right to pay it as they had a legal basis for transferring liability to the Hirer. The BVRLA Memorandum of Understanding relates to this.

Cocoko

Hi, many thanks for your response.
I feel a bit nervous of challenging my employer to be honest.....the lease company has an appeal process which I am waiting for them to get back to me on. Maybe I should construct an email to the lease company to detail what you have written here.
Wondered if trying Lidl might be worth it as they might be able to refund it but I recognise this is slim to none, though the lease company have mentioned giving me a permission letter to appeal.
I am so confused about the whole thing and where to go next...

Cocoko

Yes it says parking fines, road traffic offences and other penalties and indemnify against all claims, actions, costs, expenses, damages and liabilities which may arise.

nosferatu1001

Alphabet are a member of the BVRLA and as such know exactly how to handle these - they pass them to the Hirer and remove themselves from the process

You should check what your lease states - does it cover private invoices?

"Yes it says parking fines, road traffic offences and other penalties and indemnify against all claims, actions, costs, expenses, damages and liabilities which may arise."

That does NOT cover private parkingnotices, which are only invoices. they are not "other penalties" given then context of the parking fines, road traffic offences seciton

DoaM

It would be helpful if you copy/paste the precise wording of the full paragraph/section of your car policy. (Obviously redact any identifiable info, like the company name etc.). For example, mine says this:

Charges and Fines
Company drivers are responsible for paying all parking, speeding or other fines. Such fines must not be left unpaid as this will result in the authorities taking action against the Company. The Company will deduct any fines or penalties direct from the employee’s salary.

My company car is a lease vehicle through ALD Automotive.

Cocoko

Thank you, do you have any further advice on how to proceed following this? Would it be email to the lease company appealing the situation? I don't feel able to argue it with my employer really.

Cocoko

Mine says parking fines and all other penalties. I suspect as I am unwilling to challenge the company on this I've got nowhere to go. I was hoping maybe to appeal through the lease company and or to Lidl.

nosferatu1001

This isnt a parking fine
This is a parking invoice. A fine is something issued by a real Authority, such as a locla traffic authoritry such as your council.
This is merely an invoice. Nothing more

So you tell the leasing company that this charge is unauthorised as it fall outside of the ts and cs.

The_Deep

This is an invoice for alleged damages allegedly caused by you allegedly breaching and alleged contract. Only if a judge finds any merit in the claim do you owe them money.

Often these spurious claims are so far removed from genuine Council penalties that these scammers end uup paying the motorist for their hubris.

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

Parking Eye, CPM, Smart, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week, hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers. It has even been suggested that some of these companies have links with organised crime.

Watch the video of the Second Reading and committee stage in the House of Commons recently. MPs have a very low opinion of this industry.

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

https://hansard.parliament.uk/commons/2018-07-19/debates/2b90805c-bff8-4707-8bdc-b0bfae5a7ad5/Parking(CodeOfPractice)Bill(FirstSitting)

and complain in the most robust terms to your MP. With a fair wind they will be out of business by in the not too distant future..

Umkomaas

I was hoping maybe to appeal through the lease company

I think this is your (limited) option now. Lidl are unlikely to be interested, the parking firm (I presume Athena?) won't let anyone grab their money back, so concentrate your attention on the lease company.

Here is the Memo of Understanding between the BVRLA and the BPA (both Trade organisations representing the interests of their members, so more on their side than yours!). Read through it and see if there are any bits that might help you. But only relevant if the lease company is a member of the BVRLA (check their website).

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