Lease car - transfer of liability communication

Edna_Basher

teloua wrote: »

I will call UKPPO this afternoon to as why they failed to recognise the transfer of liability.

Does this sound like a good idea?

As C-M says, never phone a Private Parking Company.

If you did call UKPPO, they would tell you that the transfer of liability from lease company (as registered keeper) to hirer is covered under Paragraph 13 of Schedule 4 of the Protection of Freedoms Act 2012 ("POFA"). They would also tell you that the land at Newcastle Airport (being subject to byelaws) is not "relevant land" under POFA and as such, POFA's provisions to transfer liability from lease company to hirer are not relevant - i.e. they have no obligation to transfer liability to the hirer.

UKPPO will continue to pursue payment from the lease company via the byelaws route. Newcastle Airport Byelaws are very unusual in that they make provision for the registered keeper to be held liable for any breach of the byelaws committed by the driver (it beggars belief that the Secretary of State authorised these Byelaws).

The lease company's idea that they can pay the charge and then "appeal" is quite fanciful. You really need to convince them not to pay by highlighting the number of cases that UKPPO have now lost in Court. You also need to try to shield the lease company from further communication from UKPPO by asking them to instruct UKPPO that you are now authorised to manage this PCN on their behalf and that all further correspondence must be addressed to you.