Lex Autolease has invoiced me for a private parking notice that was 'in appeal' without warning

Guys_Dad

You need to read your auto lease agreement. It will say if they can charge you for fines and also private parking notices.

If it is silent on PCNs, then they can't charge you as it is NOT a fine. Threaten them with court and get any unauthorised charges back from your bank/ credit card company.

The_Deep

It has often been said that using such terms in what is effectively part of a contract creates ambiguity, and should therefore work in your favour.

Indeed. read this

https://en.wikipedia.org/wiki/Contra_proferentem

Parking Eyes signs are rubbish, read this

https://forums.moneysavingexpert.com/discussion/5972164/parking-eye-signs-oxford-road-reading

Nine times out of ten these tickets are scams so consider complaining 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.

AnnoyedLesee

Guys Dad: I can't post links yet, but the "fines and penalties" bit of the contract is here: ibb.co/d27bdPJ

The Deep: Thanks for that, I'll look into the "contra proferentem" article.

I do intend to complain to my MP over the charge which is ridiculous, and worse still, someone local was charged for being one second over the allocated time - which is measured on entry/exit not parking time (and sadly they paid it)

Le_Kirk

our link made live: -
https://ibb.co/d27bdPJ

DoaM

I'd argue that those terms are ambiguous ... they talk about fines, and then mention "other sums or liabilities" - nothing conclusive there to say private parking invoices would fall within that term.

MistyZ

Also, in 9(?)m, where they talk about fines, sums etc. they say: 'we may (but shall not be obliged to) pay any such sum if you have not paid it' (my italics).

You did not get a chance to pay the parking charge. I know they don't mention private parking invoices specifically, but why wouldn't the same right to decide whether to pay apply to a parking charge? Making that decision to pay or not may involve the appeal process, which you had commenced.

They seem to have decided that the parking charge was not going to be paid by the hirer without any confirmation of that. Yet you had already taken responsibility for it by appealing.

AnnoyedLesee

I have a POPLA appeal to submit here which is put together with advice on the 'Newbies' thread on MSE:

docdro.id/Ife9P7E

I'll deal with that first, then I can then deal with lease companies, the local MP, BVLRA etc later.

Half_way

Why was a parkig charge issued to the vehicle in the first place??

AnnoyedLesee

Why was a parkig charge issued to the vehicle in the first place??

In my opinion; I don't know... (it seems ridiculous)

In their opinion; Presumably for being 'onsite' (regardless of being parked) without entering the registration into a parking iPad in the reception area.

The_Deep

DoaM wrote: »

I'd argue that those terms are ambiguous ... they talk about fines, and then mention "other sums or liabilities" - nothing conclusive there to say private parking invoices would fall within that term.

But you are not liable unless a judge says you are, and, as this is contract law, he/she is likely, imo, to find that you are not.

Have you complained to Trading Standards yet?