Land Owners and Parking Charge Notices

Waza138

I received two separate Parking Charge Notices in the autumn last year, one from Civil Enforcement and the other from Smart Parking.

The Civil Enforcement Notice referred to a car of which I am the registered keeper, and the Smart Parking Notice referred to car which I lease. I did not agree with either of these charges and looked up this forum to see how I should argue my case.

With the Civil Enforcement Notice, and where I was the registered keeper, I used your template letter to question the details of the event, and got back relevant pictures of my car and signage on the car park. However, I went to see the tenant of the shop which sits in the middle of the car park, and where I had gone to make purchase. They told me that that had the ability to cancel up to 10 Charge Notices a month at their own discretion, and that I should return on the last day of the month, in person, to make a request to be included in the following month's cancellations.

So I followed their advice, and the charge was cancelled.

With Smart Parking there was a further complication in that the leasing company always pay Charge Notices (and Fines) immediately and add a further Administration Charge before adding these to the monthly Direct Debit. However, while the Leasing Company had paid the Charge, they had not yet debited me so I asked them to wait while I disputed the Charge. 

My objection to this Charge was that I had put coins into the meter which then seized up and would not allow me to enter my registration number or to cancel the transaction. Smart Parking responded to say that because the Charge had been paid, liability had been admitted and they 'could not' allow an appeal. This car park was for a retail shopping centre with many stores, so I thought the best action was to appeal to the owner of the shopping centre, and having got an email address of the Finance Director of the property company, I sent an appeal to them.

I got a reply referring me to the Managing Agent who acts for the property company, and she took up this case with some enthusiasm, despite not being paid to do so, and this resulted in this Charge Notice also being cancelled. I have informed the Leasing Company and both the Charge and the Administration Fee are cancelled.

The point for members of the forum is that the users of the services of Parking Companies have an interest in keeping their customers happy, and certainly helped me once they felt I had a case to argue

Half_way

The bit about the lease company paying in regulated private parking companies without question raises alarm bells, you need to check the terms of your lease/ hire agreement.

For example, I could obtain the registration for your lease car, complete the relevant DVLA form, write to the lease company and demand £100 for something or other (parking with wheel valves not at the 12o clock position) and know they will pay me  without question

Redx

Well done , like a dog with a bone !! Plan A worked again , twice ! 🤔🤔👍👍👍

D_P_Dance

My objection to this Charge was that I had put coins into the meter which then seized up and would not allow me to enter my registration number

Have you complained to Trading Standards and your MP?

Waza138

The point Half_way makes is correct, so I have learned that I can ask the leasing company not to charge me until the dispute is resolved. I did not know this at the time, but now I do.

My understanding is that the leasing company have an agreement with their Principal whose name is used in the leasing company's brand name to pay immediately. This may not be the same with other leasing companies.

I shall take D P Dance's advice when I have confirmation that the Admin Fee is back in my bank. Although there is no longer money at stake in this case, it is disappointing that the parking company put so many obstacles in the way of disputing charges, and I should add that I contacted the BPA who wished to tell me that they 'could not' allow an appeal because the Charge had been paid and therefore liability had been admitted.

Half_way

What are the terms of the lease car regarding parking tickets? Word for word. And just to pre empt things never call private tickets fines, penalty's etc even more so with lease/ hire company

Waza138

In response to Half_way, here are the words from the Drivers Guide:

It is your responsibility to ensure that all Fixed Penalty Fines are paid at the time of the offence. Failure to comply will result in the police or local authority contracting XXXXX FLEET MANAGEMENT as the Registered Keeper of the vehicle. If requested, your name and business address will be given to the authority. If an unpaid Fixed Penalty Fine is sent to XXXXX FLEET MANAGEMENT or a company involved, The cost of the fine, together with an administration fee will be deducted from your pay or by direct debit (where applicable)

To be clear, these are not the words of the contract, which I shall try to find, but the words in the Guide, with the full name of the leasing company amended.

This clearly refers only to Fixed Penalty Fines, and not to Charges.

I shall look for the contract.

Waza138

Well Half_way, I have looked at what I signed and the contract requires that I abide by the Drivers' Guide and does not go into any further detail of Fines or Charges.

I am unsure whether to bring this to their attention.

Le_Kirk

Parking charges are neither penalties nor fines!  At best they are speculative invoices.

D_P_Dance

Indee, speculative invoices for alleged breaches of alleged contracts

Coupon-mad

Waza138 said:

Well Half_way, I have looked at what I signed and the contract requires that I abide by the Drivers' Guide and does not go into any further detail of Fines or Charges.

I am unsure whether to bring this to their attention.

Probably best to leave it be so that you could use that against them if they try this again.

Great results from utilising 'PLAN A' (complain to retailer/landowner) from the NEWBIES thread!