Lease company have paid my parking charge notice

Randomuser9

I will try and keep as short as possible

16/6/21 the car was parked in a shared carpark for two stores which i made purchases from both (can only find reciept for one), I validated the parking before exting the carpark which if i remember rightly i scanned the or typed a code off the receipt and there was no charge as I was only there a short time.

21/7/21 I get a letter forwared onto me that was sent to my old address (I do have a redirection service but it seems to have slipped through the net) from VW financial services with a parking charge notice from G24 LTD. The Parking charge notice is dated 21/6/21 and the letter from VW 29/6/21.

There letter says they have recieved a notication about a "driving offence"  and then goes on to say they have gave me details to the relevant authority, transfering liabillity to me, who will now contact me directly. At the end of the letter from VW it states "In the event we recieve a second notification from a private parking operator for the same offence, we will pay the outstanding amount and recharge this amount to you. Please note this additional step may incur a further adminstration fee as set out in the terms and conditions of your contract.

As soon as I found out about this letter I phoned VW to tell them not to pay the parking charge notice under any circumstances but they had already done so.

I have now recieved a second letter from VW with an invoice for my "fine" of £60 plus £25 admin charge

This took place in Scotland

I have read the sticky and searched previous threads but due to my address change and the delay and the fact the fine has been paid I dont think there is any point trying to complain to the store or G24 LTD and to now deal with VW?

I have read my terms and condtion of the lease but see no mention of parking tickets etc

I dont understand if VW passed my details on then why have G24 LTD sent a second notification to VW and also why VW have paid it if they have stated that they have transfered liability to me, It almost seems like there in on it together?

any advice on what i should now say in my complaint to VW?

Thanks for any help in advandced

Fruitcake

Thoroughly read the terms of your lease and see if it makes any mention of parking charge notices from (unregulated) private parking companies.

As you are probably aware, a vehicle keeper cannot (yet) be held liable in Scotland, so the lease company were never liable and could have completely ignored this without any problem, or passed it to you directly to you for you to deal with.
There is no PoFA in Scotland therefore there is no hirer liability either.

You should be demanding a refund of all monies unlawfully taken from you, otherwise you are within your rights to make a claim through the Scottish Courts using the Simple Procedure rules (Act of Sederunt).

Contact your bank and report this a fraudulent activity, then start a charge back.

Find another lease company who actually understands the laws in Scotland.

If the lease company is a member of the BVRLA, then complain to them, and do complain to your MSP.

D_P_Dance

There letter says they have recieved a notication about a "driving offence" 

It is not an offence.  Are the company members of the BVRLA?  If so they have acted  inappropriately.  Have you complained to your MP and Trading Standards?

Half_way

Exact words of lease, and exact words of letter please

Jenni_D

https://customer.vwfs.co.uk/existing-customers/End-Of-Agreement.html

I'd infer from this that they are BVRLA members.

Coupon-mad

Because the POFA doesn’t yet apply in Scotland, VW were never liable and had no business to pay it, especially not within days/2 weeks of having given your name and address. 

Refuse to pay and do a chargeback if they’ve  just taken the money from your card.

Randomuser9

Thanks for the help

The wording from the lease is

4.4 You must pay all licence fees, taxes, insurance premiums, fines and other 

payments associated with the Vehicle or arising out of or as a result of the 

seizure of the Vehicle by any statutory authorities as they fall due 

I will get the wording from letters tomorrow

Coupon-mad

OK, well that just says you must pay them, not that they can assume liability and pay it, especially not after they'd transferred it to you to appeal or pay (which was the right thing to do).  Then they just took it upon themselves to pay a charge - why would they do that if they'd transferred it to you and given the PPC your name and address?  This is unacceptable and a deal breaker, for you.  Refuse to pay and tell them what they have done wrong (do they not know there is - as yet, because the Transport Act has not been finally enacted in this respect until 2022 - no keeper liability in Scotland and this was always YOUR PCN, not theirs?).

Tell them that you want it taken to BVRLA arbitration, if they disagree and refuse to swallow the cost as their own error.  They have prevented you from your right to appeal and handled a private charge that was never theirs to pay; none of their business in fact, in Scotland.

Randomuser9

I made an official complaint using all the advice give which I am thankful for. 

VW replied saying they would waive the admin fee but I would still have to pay the parking charge notice. 

At the end of my complaint email I stated I would open a BVRLA dispute if the didn't agree with me. In there reply they suggested contacting the financial ombudsman if I was not happy. So my question is should I go down the financial ombudsman or BVRLA route and has anyone had success with either for a similar issue? Thanks

Castle

Randomuser9 said:

I made an official complaint using all the advice give which I am thankful for. 

VW replied saying they would waive the admin fee but I would still have to pay the parking charge notice. 

At the end of my complaint email I stated I would open a BVRLA dispute if the didn't agree with me. In there reply they suggested contacting the financial ombudsman if I was not happy. So my question is should I go down the financial ombudsman or BVRLA route and has anyone had success with either for a similar issue? Thanks

Go down the BVRLA route; the Financial Ombudsman would only be available if they take a payment from your card and your chargeback request is refused.

Coupon-mad

If they take payment from your card, ask your card provider to refuse and return it.  In fact, tell your card provider now.