Leaseplan paid the parking invoice!

ElParque

Send a SAR to SIP, you mean?

twhitehousescat

yes ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,

Half_way

nosferatu1001 wrote: »

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)

Let them fall into their own trap, dont immediatly dispute the charge, insted ask them why they have charged this amount, say you cant find a reason in the terms for this charge, and as such you would like a full refund.
They will probably refer you to the term you posted, which will enable you to query things further, as per the quote from nosferatu.

You need to be seen to be acting reasonable, and giving the hire company a chance to put things right, whilst at the same time getting amunition should you need it to take things further

ElParque

Yes, I did this earlier. They said they'd investigate. The result of the investigation was that they'd done nothing wrong and that I was liable.. Here is the email trail..

From me

"Dear Sir/Madam

You appear to have mistakenly paid the Parking Charge Notice xxxx issued by SIP to the car we have leased from you. As you can see from the email below I appealed the issuing of this invoice and, as far as I was concerned, the case was ongoing.

This was not a Penalty Charge Notice issued by a authorised authority. It was an invoice, described as a Parking Charge Notice in order that it looked like a Penalty Charge Notice. You should not have paid it and you cannot subsequently invoice me for it.

My contract with you does not refer to invoices issued in relation to the vehicle. You should merely have followed the BVRLA agreement and POFA and transferred liability to me as the hirer.

I hope you will decide not to take the £100 from my account. If you do take the money, I ask you to register a formal complaint with the BVRLA about this matter."

And eventually, their BS reply...

Further to our previous correspondence, my investigation into your concerns is now complete. I am therefore in a position to provide you with my findings as our final response, which I have summarised and addressed below.

I understand your frustrations and appreciate that there is public perception that certain parking charges appear to be seen as "unfair" and "invoices". That said, LeasePlan UK LTD (T/A Network) is authorised and regulated by the Financial Conduct Authority and as such are subject to stringent regulations and all aspect of UK law.

To give you some context; new legislation was brought in on 1st October 2012 called the Protection of Freedoms Act (POFA2012), which covers a number of areas surrounding personal freedoms. One such area covered legislation surrounding parking on private land. It removed a private parking company's (PPC) ability to clamp, but it also brought in a concept called "keeper liability". Essentially this gave the PPC powers to come back to the registered keeper (in this instance LeasePlan UK Ltd) if said keeper had been unable to transfer liability successfully - for example where the driver is not known or does not acknowledge PCNs. As we have keeper liability we are therefore obliged to either pay the charge or pass the driver details on to SiP Parking Ltd (SIP).

SiP Parking Ltd are an approved member of the International Parking Community (IPC) and are, therefore, allowed to obtain registered keeper details from the DVLA. SIP issued to us a Notice To Keeper on 07/01/2019 for an alleged private parking charge breach on 24/11/2018 @ 19.37 on Wilmslow Road, Didsbury. We are aware that SIP will refuse to transfer liability without sight of a hire agreement, of which we are unable to provide them with, therefore in order to process their parking charge notices we forward copies of the PCN's directly to the hirer along with a covering letter and a 3rd party representation letter. Please find attached copies of these documents all posted to you on 11/01/2019. Our letter details that we are unable to transfer liability and that if we receive a 2nd notification for the same offence, we will pay the outstanding amount and recharge this to you.

I have been in contact with SIP regarding the way they have processed the paperwork for PCN xxxxx in light of your information that you submitted an appeal, which was subsequently rejected. It is not usual for a parking operator to pursue the registered keeper after an appeal has been dealt with and as I was not in receipt of the content of the appeal you submitted I have been challenging SIP as to their actions. Having spoken to someone at SIP today they have confirmed to me that in the appeal they received, there was no mention of you being driver nor of the driver name and address for them to continue to pursue. If, in the appeal, it had been clearly stated who the driver was (name and address) then the parking operator would have been able to continue to pursue the driver. As this was not the case, this is grounds enough for SIP to contact the DVLA to obtain registered keeper details and issue the Notice to Keeper directly out to us for the outstanding private parking charge notice.
The wording on our invoice is generic to cover all types of penalty charges, fines and traffic violations. There is further wording on the 2nd page to specify the charge relates to a parking Fine.
Based on my findings above I am not upholding your complaint. In conclusion I can confirm that the invoice remains payable in full and that this represents LeasePlan UK's final decision on the matter however if you are not satisfied with the outcome then you are entitled to escalate your complaint to the relevant independent bodies. Details of how to escalate your complaint can be obtained from our Complaints Code here.