Stanmer Park Brighton, Private parking fine...

D_P_Dance

Have you complained to the trade bogy, the BVLRA, Trading Standards, and your MP?

Seagull-Stripes

I haven't yet.

My next move is to appeal to ARVAL stating that I do not expect to have this charge passed on to me but if they don't accept that, I'll be going to the BVRLA and Trading Standards for sure!!!

Fruitcake

Complaint, not an appeal to ARVAL. According to the ADR Act 2015, consumers have the right to alternative dispute resolution for not less than one year, so OPS are telling porky pies, and ARVAL have denied you your rights by not transferring liability.
As for any pseudo DPA/GDPR issues, all ARVAL had to do if they believed it was a problem was ask your permission before transferring liability.
By not asking you and not transferring liability, keeper liability remained with them as defined by the PoFA 2012, and therefore their decision to pay the charge rests entirely with them. They cannot pass on a charge when they failed to comply with the PoFA and the ADR Act, and it was unfair to do so, in which case the CRA 2015 applies.

Redx

If their contract with you clearly states that the hirer is responsible for paying private parking charges or invoices then you are bound by that clause

If it states fines and penalties then the OPS charge was neither , so you re not bound by that clause

The contract you agreed should also state that you as hirer or as lessee agree to have your contact details passed on to the police or local authorities or private parking companies in relation to and fines , penalties or invoices

It's all about the wording , legal contracts are a topic on their own !! A veritable minefield !!

This is no longer about the ops PCN , it's about legal contracts and services and word play etc

I have been coming here regularly for over 8 years and it's always been this way , even since the bvrla memorandum 6 years ago

They won't change until forced to by the new government CoP due to the 2019 Parking Bill , we can only hope the hire and lease situation is covered in that CoP , in order to force hire and lease companies to comply !!

SayNoToPCN

In order to assist further, with concrete info, we must see the exact terms and conditions  you agreed to
We must see that. The wording is critical. 

So, please show us exactly the wording around payment of any charges whatsoever. Do not just look for the word fine, or penalty, or notice. You scour the doc for anything where they say YOU are liable for charges, and copy and paste it here if  relevant.

Then we can help structure your complaint to Arval. It is critical you never refer to this INVOICE as a "fine", "penalty" or other such legal term, it is and always was an invoice. If THEY refer to it as a Fine, CORRECT THEM and state it is no such thing, it is an invoice from a private company. 

Fruitcake

... and a speculative invoice from an unregulated company at that.

Seagull-Stripes

I'm on it!!

Thanks again everyone!!!

Fruitcake

Compare the paper version that you are normally required to sign against an online version if there is one. Sometimes they are different.

Redx

Think about it

Does the contract say you are responsible for

A blown tyre ?
Filling the tank with fuel ?
A new exhaust ?
A service ?
A new windscreen if it's cracked ?
Accidental damage
Lost keys
Road tax ?

I could keep going , but every item above would incur an invoice or estimate , not a fine or Penalty

A private PCN is an invoice , not a fine or Penalty , so should be listed as an item just like a blown tyre or lost key and not lumped in with speeding or council parking tickets , or bus lane violations , or parking on double yellow lines at a busy junction

You need to understand the nature of the beast to argue it successfully , like members Edna basher or staffsSW

Jenni_D

https://personalleasing.arval.co.uk/

Does that link align with your contract with Arval?


I'm finding it difficult to locate an online copy of their T&Cs.

Edit: I've found this link, if it helps.  https://www.arval.co.uk/customer-support/during-your-contract/fines