Parking Charge Notice CPM

forummseuser01

Hi, 

I am looking for some advice please? 

I have just received a parking charge notice from CPM UK Car Park Management. The alleged 'unauthorized parking' occurred at University of Brighton (Falmer) whilst I was visiting the gym where I am a member. The parking terms are that the gym users enter the registration number of the vehicle in a key pad whilst visiting the gym. I have done this on hundreds of occasions in the past without any bother. It is entirely possible I may have mis keyed the registration number in the key pad.  Equally, I may have omitted to do so in error. I am after all a human, not a robot. As I say I have used the gym three times each week for many years without any trouble.

My vehicle is a lease car through the NHS lease scheme. The parking company have sent the notice to the lease firm whom have subsequently charged a £12 admin fee. 

The notice was sent to the lease firm on the 2 November, however the lease firm did not write to me until 29 November (received on the 4 December thus outside the 28 day appeals process window. The lease firm have invoiced me for the whole amount of the charge, plus admin fee, plus VAT. I have no idea if they have already paid the parking company.

I have emailed the University of Brighton (both the sport Brighton team and their parking team and both have said this is a matter between myself and the parking firm and that they have no control over the parking. They have essentially washed their hands of it. 

I feel I am being subject to some sharp practice here from all parties and I am feeling a bit let down on all sides here for what could very well be a simple mistake. I would have expected more from the University. I am alumni of the University, I have spent a small fortune on gym fees and on refreshments at the sport centre over the years. It appears loyalty with the University only goes one way. I feel the lease firm have delayed unnecessarily, and if they have already paid they have not given me a fair shot at appealing this.

Any help you can offer would be most welcome and gratefully received.

My next steps are to escalate my complaint to the University vice chancellor, and also to contact both the lease firm and the parking company to establish what has gone on between them.





 

Fruitcake

Somebody hired the PPC. Whoever that was is liable for the actions of their agent, and that is to whom the hirer/lessee should be complaining. The driver's identity should not be given.

Have you received a NTH in your name from the PPC? If not, then you cannot be held liable.

Instruct the hire/lease company not to pay the charge, and put it into dispute with them and your bank/card issuer if they do. If they are a member of the BVRLA, remind them that their trade association has instructed its members not to pay these charges.
Also check your lease agreement to see what it says about parking charges as opposed to fines, penalties, and an authority.
Remind them that their actions are governed by the PoFA 2012, a law that was enacted over a decade ago, and about which any reputable company would be familiar. As such, they should be following its strict requirements and informing the PPC of the hirer/lessee's details. 

Remember, you are doing this as hirer/lessee. The lease company do not know who was driving, only the details of the lessee, so unless an employee of the lease company was present at the material time, they cannot possibly know who was driving, and would be lying if they say otherwise.

Umkomaas

If they are a member of the BVRLA, remind them that their trade association has instructed its members not to pay these charges.

https://www.dropbox.com/s/9b0iavad3aqeh28/BPA%20BVRLA%20MoU.pdf?dl=0

forummseuser01

Thank you for your replies. I really appreciate that. 

To say the lease company arrangements are opaque would be a bit of an understatement. 

The invoice I have received has come from Northumbria Healthcare NHS Trust Finance Dept. (By the way, I work for a hospital trust in the South East of England) As an aside at this point I worry here that my employer will try to take the invoice amount from my wages at source. The arrangement I entered into was with NHS Fleet Solutions. However, the leasing company is Alphabet (UK) Fleet Management Limited! So, I am not sure who is responsible here! I can't see any reference to BVRLA in the driver handbook or on NHS Fleet Solutions or Alphabet (UK) Fleet Management Limited website.

I have not received an NTH

All I have done at this stage is write to Northumbria Healthcare Finance Dept to ask if they have paid the charge.

I am not sure what to do or who I should be communicating with. 

forummseuser01

Ok, I have spoken with NHS Fleet Solutions and they have confirmed that Alphabet have paid the parking charge. They have confirmed that they are passing on this charge to me. They have agreed to put enforcement on hold to await the outcome of any appeal.

I have not received a notice to Notice to Hirer from the PPC. 

Obviously it is too late for me to instruct the lease company not to pay. If a notice had been left on the windscreen I would have had some way of knowing and could have instructed accordingly but this was not possible. I can't enter a dispute between my bank and the lease company as the lease arrangement is paid at source from my wages (a salary sacrifice arragement.)

I have checked the terms of my lease and this is what it says regarding parking charges and admin fees:
You are responsible for paying any leasing company admin fees in relation to the following: ◦ Excess mileage costs ◦ Lease termination charges ◦ Uninsured damage charges ◦ Costs incurred through neglect, abuse or poor maintenance of the vehicle ◦ Insurance policy excess ◦ Parking and congestion charge fines ◦ Admin fees levied by Leasing Companies for processing fines This list is not exhaustive.

I have checked the BVRLA website and neither NHS Fleet Solutions nor Alphabet are listed on the membership directory.

Given the above does anyone know where I currently stand? My feeling here is that Alphabet have overstepped their remit and paid the parking charge without any recourse to allow for this to be contested whereas they should have asked the PPC to issue a NTH. As such they have assumed liability but are now trying to pass that liability on. Surely liability cannot be passed around in this way without affording those they claim as liable the same right of redress?

Not quite sure what to do now but I am thinking I should write to NHS Fleet solutions and state that Alphabet have not acted in accordance with PoFA 2012 and contest the liability for the charge with a copy going to the invoicing entity (Northumbria Healthcare NHS Foundation Trust.) Does that sound reasonable. 
 

Fruitcake

You cannot appeal now the charge has been paid. You have been denied that right.

This is the crucial part of your lease terms, "Parking and congestion charge fines ◦ Admin fees levied by Leasing Companies for processing fines" because you have not received a fine, but a speculative invoice from an unregulated private parking company.

You should be complaining to NHS Fleet Solutions, Alphabet UK, your employer, HR, and your MP that charges have been unlawfully deducted from your salary/account without your knowledge, and in breach of the car lease agreement.
If you have a union rep, they should be all over this like a rash, pardon the pun.

Kick up a stink, a big stink, and keep going up the food chain to the CEO of every company/hospital trust/NHS as you can find, and the Secretary of State for Health. 

You were never liable because the charge was never issued to you in your name, and you have been denied the right to appeal. Use words like unlawful, and theft, but do not under any circumstances use the word fine.

Involve local and national press.

You could threaten whoever took the money/is responsible with a court claim, pointing out that individuals as well as the company are liable, and send a Letter of/Before Claim to sharpen their minds if they don't comply.

Coupon-mad

As above. You can't appeal. By paying these without question instead of simply transferring the case to you, the lease firm are denying your right to appeal.

Involve local and national press.

I agree.  This was possibly just a typo.  There is no way lease firms should be paying these things without allowing the driver to appeal.

forummseuser01

Thank you Fruitcake. I am feeling quite empowered. To be clear, at this stage I have simply received an invoice for the charge which Alphabet have already paid. It is itemised on the invoice as follows: 'Car Reg: XXXX Charge for unpaid parking offence.' No money has been taken from my wages at source at this time. I will draft a letter addressed to NHS Fleet Solutions stating that I have no liability in this matter for the reasons outlined in the previous posts above. I will copy it to the finance department at Northumbria and to Alphabet. I will post the draft on here and would be most grateful if you would kindly take a look and give your considered opinion? 
I really appreciate your input.

forummseuser01

"I am writing to complain regarding the conduct of your company and the company with which you are connected Alphabet (UK) Fleet Management Limited.

On the 4 December 2023 I received an invoice dated 11 November 23 through the post from Northumbria Healthcare NHS Foundation addressed to me scheduling £74.40 with a copy of a parking charge notice dated 2 November 23 addressed to Alphabet (GB) Limited. I have enclosed a copy of the invoice and the parking charge notice attached. This was in connection with an alleged breach of terms and conditions of parking at the XXXXXXX which is said to have occurred on XXXXXXX.

The parking charge notification states that payment must be made, or an appeal lodged, within 28 and 21 days respectively.

I telephoned your company on 7 December 23 and spoke to a gentleman who confirmed that Alphabet (UK) Fleet Management Limited had indeed paid the £60 charge and had notified yourselves accordingly. He stated that the invoice had been sent to me to recover the charge paid by Alphabet. I subsequently emailed your company to request this clarification in writing, however I have received no reply to date.

I admit no liability in this matter and argue that the liability rests solely with Alphabet (UK) Fleet Management Limited for the following reasons: 

a)    Provisions in the law, namely the Protection of Freedoms Act 2012 (POFA 2012), schedule 4, allowed for Alphabet (GB) Fleet Management Limited (from hereon referred to as Alphabet) to contact the private parking company and ask them to issue a Notice to Hirer identifying me as the hirer of the vehicle. By paying the charge they chose not to exercise this lawful right and in doing so assumed liability in this matter.

b)    Notwithstanding the above admission of liability by Alphabet, Alphabet through their actions have attempted to transfer liability to me whilst simultaneously removing my rights as a consumer and as a citizen to appeal the charge under the provisions set out in POFA 2012.

c)    The terms of the lease state: “You are responsible for paying any leasing company admin fees in relation to the following: ◦ Excess mileage costs ◦ Lease termination charges ◦ Uninsured damage charges ◦ Costs incurred through neglect, abuse or poor maintenance of the vehicle ◦ Insurance policy excess ◦ Parking and congestion charge fines ◦ Admin fees levied by Leasing Companies for processing fines This list is not exhaustive.” No fine has been issued by the private parking company. It is stated to be a charge, however it is in effect a speculative invoice issued by an unregulated private company.  

For the reasons set out above I assume no liability in this matter and I would ask you to instruct Northumbria Healthcare NHS Foundation Trust to cancel the invoice. I require you to confirm in writing that the sum demanded is no longer due and that NHS Fleet Solutions, Alphabet (UK) Fleet Management Limited and Northumbria Healthcare NHS Foundation Trust accept there is no amount owing. Finally, I would ask you to consider for a moment the concept of corporate overreach and how the actions of Alphabet have caused considerable distress to me and removed many of my rights without recourse. As I am sure you will appreciate this could carry considerable public interest.

Please respond within 14 days of the date of this letter. Failure to respond will result in escalation to my local MP and to the local and national press."

I would welcome your opinions please.

Coupon-mad

Remove the phrase "under the provisions set out in POFA 2012."

forummseuser01

Thank you.