Leaseplan paid the parking invoice!

ElParque

On November 24 2018 when we returned to the unlit car park where we'd parked the car we lease, we found a PCN on the vehicle. I appealed to the address on the notice and my appeal was refused.

On Jan 7 2019, a NTK was sent to the leasing company. They wrote to me on Jan 11 telling me to appeal. I ignored this letter because I had already appealed.

Today I got a letter from the leasing company telling me that on receipt of a follow-up letter from SIP they'd now paid the £100 invoice and that they intend to take this amount from me by direct debit.

Where do I stand on this?

nosferatu1001

Well the obvious is - what does your contract state?

ElParque

The agreement says the following in relation to the payment made by the leasing company.

2.2 You must pay all fixed penalty charges, fines, congestion charges or any other penalties in connection with the Vehicle or its use, including any fine in connection with the failure to register the Vehicle on the Motor Insurance Database. If we pay or transfer liability to
you for any of these sums on your behalf you will repay us upon demand any sums so paid and an administration fee.

They didn't pay a penalty. They paid an invoice.

nosferatu1001

So you tetll them this!

Dispute the charge with them
Point outthey did not have to pay this, they just needed to follow the BVRLA agreement, and POFA, and transfer liabiltiy to you as hirer
State that, unless they reverse the charge, you require them to register a formal complaint with teh BVRLA, and you will register for a chargeback (assuming you can)

Coupon-mad

They wrote to me on Jan 11 telling me to appeal. I ignored this letter because I had already appealed.

OMG why did you ignore it when the PPC had started to write to the lease firm?

So frustrating.

All it needed was the appeal repeating and telling them you were the hirer/lessee, and to deal with you. I know you had appealed it once, but they'd gone to the lease firm so you had to grab it back in your direction.

You can't ignore that, it was obvious they would pay on the 2nd letter.
This was asking for trouble, you always need to hook a scam PCN firmly away from the lease/hire firm, for good.

Good luck with now having to dispute the payment with your credit card, but next time firmly hook the PPC in your direction and never ignore the fact that they've written to a company who will pay them, then charge you.

ElParque

So frustrating.

You don't need to tell me!

I'm appealing to the BVLRA on the grounds that the Leasing company should not have paid the invoice. They've paid £110 and charged me that plus £42 as an admin fee.

Am I right in thinking that, if anyone was responsible, the keeper not the registered keeper might be that person/body and so the leasing company had no reason to pay because they were clearly not the keepers.

twhitehousescat

when you appealed to parking Co did you CLEARLY state name AND ADDRESS , or just a simple squiggle , in fact how did you receive the decline of your appeal , by letter or just an email

The_Slithy_Tove

Surely there's been a DPA breach here, though the "victim" is the lease company. The PPC had NO reason to request keeper details.

twhitehousescat

only if the op gave a full name and address to be contacted at , a squiggle would not be acceptable , and they would be forced to go to DVLA for details

ElParque

I appealed online. They replied by email.

I'm afraid that I don't know if I added my address to the appeal - if they asked for it I would have done for sure - but I did submit my name. I can't log in to the SIP site to view my appeal and check if it included my address because, as far as they are concerned the case is closed.

twhitehousescat

well the oness is for you to prove that you gave enough details for them to contact you , ie full name and full address without this info they had the right to contact DVLA for info , then write to leaseplan

now send a SAR to them to get all info

dependent on timescale you might also wish to report this company for charging £110 when UK law stated £100 ,