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  • jaykurb
    jaykurb Posts: 18 Forumite
    Second Anniversary 10 Posts
    Umkomaas said:
    4. Pay the charge and recharge the customer who had the vehicle on hire or lease at the time the breach occurred.
    Can you point out where you read this please?  I couldn't find it in the MoU. 
    It's not letting me post the url annoyingly as I'm a new member. 
    It's BVLRA website followed by: 
    /static/uploaded/61b3298b-a918-499b-9ac8b8bea2b726a0.pdf#page10

  • jaykurb
    jaykurb Posts: 18 Forumite
    Second Anniversary 10 Posts
    Umkomaas said:
    4. Pay the charge and recharge the customer who had the vehicle on hire or lease at the time the breach occurred.
    Can you point out where you read this please?  I couldn't find it in the MoU. 
    Or if you google BVLRA parking charge it's the top link. 
  • Umkomaas
    Umkomaas Posts: 43,373 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    jaykurb said:
    Umkomaas said:
    4. Pay the charge and recharge the customer who had the vehicle on hire or lease at the time the breach occurred.
    Can you point out where you read this please?  I couldn't find it in the MoU. 
    It's not letting me post the url annoyingly as I'm a new member. 
    It's BVLRA website followed by: 
    /static/uploaded/61b3298b-a918-499b-9ac8b8bea2b726a0.pdf#page10

    That's not the MoU agreed and signed off with the BPA. The ability for the hire company to pay, then charge the hirer, still hinges on their agreement with you spelling that out in black and white.  Does it? It's perhaps noticeable that this option is at the very bottom of their list (last resort?). 

    The information they show on the website shouldn't be read as authoritative. Here's one glaring error:
    However, if the customer fails to response (sic) the private parking company can request payment again from the leasing company.
    No they can't (legally), the transfer of liability under PoFA means the hire company's job is done. It is then for the PPC to pursue the hirer. That's how it works, but you can see the BPA influence in that one statement. 

    For posterity:

    https://www.bvrla.co.uk/static/uploaded/61b3298b-a918-499b-9ac8b8bea2b726a0.pdf#page10

    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Coupon-mad
    Coupon-mad Posts: 151,970 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You've been given a link to the MoU by @1505grandad so forget any other part of the BVRLA website.

    Also, as I pointed out already, your hire terms say you agree you are liable - in other words you are taking on responsibility for the charge and it is simply not theirs to pay, based on your contract.

    It's YOUR charge and given it will be settled at £20 (because the BPA code says it must) there is no lawful reason for them to take responsibility and pay more and you need to forbid them to do so, very clearly and soon...because it will arrive in days. Maybe even already.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • jaykurb
    jaykurb Posts: 18 Forumite
    Second Anniversary 10 Posts
    Thank you, everyone!! I have emailed them all the information provided so fingers crossed I get some positive results 
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