PCN - Lease Company

simonr1603

Morning all,

I have a vehicle on a long term lease which was parked on private land and got a postal PCN from VCS.

The lease company was issued a NTK which they passed over to me. When it was passed over to me I asked the lease company to name me as the hirer and upload the relevant documents though myparkingcharge.co.uk. I explained to them that this would hook the PCN in my direction and meant that there could be no recourse against them.

I went in to the offices this morning and they had received a final reminder. It transpired that they did not respond within the 28 days. When I asked why I got a response of 'not my job'.

Anyway the lease company are now demanding that I pay the 'charge' to them so that they can pay the PCN threatening to take back the vehicle if I don't pay within 24hrs.

Can anyone offer any advice?

Thanks

MistyZ

When you asked the hire company initially to name you as hirer, what response did they give? And what do their T&Cs say about parking charges?

simonr1603

MistyZ wrote: »

When you asked the hire company initially to name you as hirer, what response did they give?

There was no indication that they were unwilling to do this. Seemed satisfied when I explained the process to be followed.

MistyZ wrote: »

And what do their T&Cs say about parking charges?

Will need to double check after work but I believe it says that I agree to pay 'Penalty Charge Notices', (not parking charge notices).

The_Deep

Anyway the lease company are now demanding that I pay the 'charge' to them so that they can pay the PCN threatening to take back the vehicle if I don't pay within 24hrs.

I would be inclined to let them and the sue them for breach of contract.

Nine times out of ten these tickets are scams so complain to your MP.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

simonr1603

simonr1603 wrote: »

Will need to double check after work but I believe it says that I agree to pay 'Penalty Charge Notices', (not parking charge notices).

Just got home and had a re-read of the contract. There is absolutely nothing with regards to PCN's ect.

Looks as though I'll have a falling out with the lease company.

Coupon-mad

The lease company was issued a NTK which they passed over to me. When it was passed over to me I asked the lease company to name me as the hirer and upload the relevant documents though myparkingcharge.co.uk. I explained to them that this would hook the PCN in my direction and meant that there could be no recourse against them.

I went in to the offices this morning and they had received a final reminder. It transpired that they did not respond within the 28 days. When I asked why I got a response of 'not my job'.

It is their job if they are to transfer liability. Do they prefer to remain liable?!

Not doing so is negligent and leaves them liable to be sued, whereas all you want is to appeal and take liability from them.

The BVRLA (which the lease firm probably belong to) have agreements with both trade bodies on best practice as to how members can transfer liability:

https://forums.moneysavingexpert.com/discussion/5063387/bpa-and-bvrla-agreement-over-hire-cars-and-pcns

https://issuu.com/bvrla/docs/bvrla-news-janfeb/5

https://www.fleetnews.co.uk/fleet-leasing/news/latest-fleet-leasing/2016/12/22/bvrla-signs-agreement-with-ipc-to-aid-processing-and-securing-payment-of-pcns

So this begs the question why is this BVRLA member not transferring liability properly? Thus denying lessees their right to appeal and take liability for a PCN that may be in dispute.

Escalate this as a polite but firm complaint to the Fleet top Management.