Parking Charge Notice CPM

forummseuser01

So the wonderful people at the lease company did not reply to my letter of complaint. They passed the matter to a debt recovery agency who are now pursuing me. They did not even reply to my letter. The debt recovery agency have 'phoned my wife. How they got her number I have no idea. That appears to be a breach of data protection. They haven't tried 'phoning me.

forummseuser01

Hi, so I thought I would provide an update. 

I sent the above letter of complaint back in Dec 23 with the amendment recommended by Coupon-Mad (thank you :0))
The debt recovery agents went quiet and I wondered if the letter had done the trick. A week or so ago I received an email on our internal work email from my head of financial services at the hospital stating that NHS fleet solutions had passed the charge on to my employer to recover the amount from my salary. I wrote a strong email response stating that the amount is not due as I am not liable and that I had made my position clear in writing to NHS Fleet Solutions to which I had not received a reply. I also requested that they refrain from harassing me in the workplace in connection with this. I received a reply saying that their position was that there was 'nothing to respond to' as they were simply recovering a charge from my salary that had been passed on to them. My reply was simple: if you deduct the charge from my salary I will take action via the court to recover the money and allow the judge to decide. 

Alphabet have been silent throughout. NHS Fleet Solutions have not engaged with or replied to my letter of complaint. It seems that everyone in this awful process is simply blindly following their processes even though those processes are essentially unlawful - at least that is my understanding.

Somewhat ironically, Alphabet recently wrote to me regarding the handover at the end of the lease and they had the brass neck to state that the drivers responsibilities during the handover were as stipulated by their trade body the BRVLA. So it appears they follow the BRVLA code when it suits them!

So, it appears my options are to take this matter up with my MP, local press, union representative etc. My concern here is that I may be setting myself up for direct confrontation with my employer and I really did not want it to come to this but I do not seem to be able to get through to NHS Fleet Solutions at all. So what choice do I have?

This is all so relentlessly dull and frustrating and ultimately avoidable. The landowner had agreed to approach the parking firm to rescind the 'charge' had it not already have been paid.

I would welcome you advice please. You have been so helpful so far. 

Coupon-mad

I think make your MP get involved, given the impending statutory Code of Practice designed to curb the misery caused by private parking firms.  That means it IS an important matter for MPs and they need to get involved and lobby Angela Rayner at the DLUHC.

However, Summer Recess starts today.

forummseuser01

This is a draft of the letter I am considering sending to the head of financial services but before I do so I would welcome any feedback: 

"I am writing in response to your email dated: in which you notified me that you would be seeking to recover an amount of.... invoiced to you by NHS Fleet Solutions in connection with the lease vehicle:

I have written a letter of complaint to NHS Fleet Solutions and stated why I have no liability in this matter. I have also pointed out how their subcontractor Alphabet Fleet Management Limited had assumed liability through their actions and had acted against the recommendations of their own trade body. I have also pointed out that there is no provision in the contract or driver's handbook that allows NHS Fleet Solutions to pass on this amount. I have enclosed a copy of my letter. I would respectfully request that you familiarise yourself with the contents.

I have not received a reply from NHS Fleet Solutions to my original letter. It appears they are unwilling to engage on any of the substantive points I have raised.

You have previously indicated to me that you have nothing to do with this and that it is a matter between myself and the lease company. With the greatest respect it is you who is seeking to recover this amount from my salary so I would argue that you do have an interest in this matter.

If you were to proceed with this intended action, particularly in the full knowledge of the circumstances I have highlighted to you, then I will be left with little choice but to seek recovery of this amount via the court and in that eventuality I would be quite willing to set my claim out before the judge."

I would be very grateful on any feedback please? 

forummseuser01

Coupon-mad said:

I think make your MP get involved, given the impending statutory Code of Practice designed to curb the misery caused by private parking firms.  That means it IS an important matter for MPs and they need to get involved and lobby Angela Rayner at the DLUHC.

However, Summer Recess starts today.

Thank you for your reply. I will do so. I know you previously recommended involving the MP and I am happy to do so. I wanted to give NHS Fleet Solutions the benefit of the doubt but they are not engaging. Thanks again. 

Coupon-mad

I think you should state dates of your previous complaints or it looks like you've only just complained.

forummseuser01

Coupon-mad said:

I think you should state dates of your previous complaints or it looks like you've only just complained.

Good idea! Thank you.

forummseuser01

Finally, I have found someone sympathetic at the University parking department. They have fought my corner and have been able to rescind the charge. I'll still be on the hook for the admin fee though from the lease company though. But it is a more positive situation. I wonder if I have grounds to issue a counter claim as the lease company were assuming liability but it was I who did all the running on this one. Thanks for your advice.

Coupon-mad

Prove to the Lease Firm that the PCN has been cancelled and tell them you won't be paying an extortionate admin fee so you consider the matter closed and they should learn from it. Private parking charges are not 'fines or penalties'. Their staff need to learn the difference and respond better to genuine complaints from victims of scam private PCNs which are easy to get cancelled and should never be treated like a real authority PCN.

forummseuser01

Thank you for your advice. That is very helpful. I will take it up with them.