PCN Complications / Lease Company / Breach: Leaving Site

BurnsyDude

Today I received a PCN from UKCPS but via my car leasing company Zen Auto. I parked 'correctly' in a doctor surgery car park, and attended the surgery to ask a simple question before leaving. The PCN says that I left site. I honestly don't recall if I did or not, but I do have a feeling on that particular time that I may have seen a friend over the street and quickly walked over to say hello before doubling back to enter the doctor surgery, but I honestly don't know as I am there semi regularly. Surely this can't be deemed a breach proportional to a £100 fine?? But it gets further complicated by the dates and the leasing company's decision to pay it straight away:

• The 'offence' (date issued) was 08/12/23. I did park in the car park and I did attend the surgery, although I may have briefly crossed the road ('left site'?).
• The letter date is THURSDAY 14/12/23.
  
• The letter itself says you are deemed to have received it the second working day after the letter date, which would be MONDAY 18/12/23.
• The fine is £100, but reduced to £60 if paid within 14 days. Which would be by 01/01/24.
• I received an email from Zen Auto (car leasing company) on 03/01/24 saying that they have paid the fine on my behalf, and that I owe them £100 plus a £15 admin fee. They'll take it in 4 weeks. They also say I can appeal and let them know the outcome, and if it is successful they'll refund me.
• Zen's own website states that they pay it instantly to prevent it escalating. Shouldn't that mean they only paid £60 and not £100??
• As suggested by Zen, I have tried to appeal through UKPCS online but I get a screenshot saying that I unable to appeal it. My guess is that it is because it has been paid! It says that I should be able to appeal up to 21 days after the imposition of the notice, meaning I should still be able to appeal it up to 8th January, but as explained, I seem to have had that right taken from me from my lease company!
• I have also tried to appeal it through IAS, but their website doesn't recognise the PCN or reg number. Maybe again because it's been paid?
• Screenshots below.

[Image removed by Forum Team]

Of course I have relayed this all back to Zen Auto, as their email says that if I am unable to appeal, that I can appeal to them, and have asked them to quash this. Am awaiting response. In the meantime I thought I'd come on here to see if anyone could advise me on if there is anything else that i can/should do.

Thanks in advance.

Chris

Coupon-mad

You can't appeal it now. Zen are stupid and have stitched you up by paying a scam:

• I received an email from Zen Auto (car leasing company) on 03/01/24 saying that they have paid the fine on my behalf, and that I owe them £100 plus a £15 admin fee. They'll take it in 4 weeks. They also say I can appeal and let them know the outcome, and if it is successful they'll refund me.

• Zen's own website states that they pay it instantly to prevent it escalating. Shouldn't that mean they only paid £60 and not £100?

Instead complain to the Surgery to cancel it.

AND complain in writing/email to Zen and tell them they should be naming lessee/hirers in order to simply transfer liability, not paying scam invoices.

Tell them you refuse to pay as this is not a fine or penalty and they had no business to pay it at £60, let alone the extortionate £100, and by doing so they have prevented you from your right to appeal.  As such, you are placing the payment into dispute with your card provider and expect Zen to apologise for not following the BVRLA guidelines to transfer liability to preserve the lessee or driver's right to appeal.  If they disagree you want to take it to BVRLA ADR because the planned payment to Zen is wholly rejected.

Fruitcake

What does your lease agreement say about parking charge notices from unregulated private parking companies? What it doesn't say is just as important. You need to dig it out and read it carefully.

You have not received a fine from an authority, only a PCN from an unregulated parking company. If parking charge notices are not mentioned on your lease agreement, as opposed to fines or penalties, then Zen had no right to pay the charge, nor to charge you £15 for the privilege. 

Are Zen a member of the BVRLA, (hire lease companies trade association)? The BVRLA have instructed their members not to pay these charges but to inform the hirer/lessee they have been issued. They were never liable for the charge, so the £100 is their loss. Their £100 down the drain.
They have also denied you the opportunity to appeal, which is an unfair contract term and therefore a breach of the Consumer Rights Act 2015.

If the money hasn't already been taken from your account, put a block on it or put it in dispute with your bank/card provider.

BurnsyDude

Thanks for your responses. I have sent my latest communication to Zen which is an amalgamation of your two responses. They have also given me a phone number to call, so I will let them receive it, read it, digest it, then maybe give them a call on Monday afternoon.

troublemaker22

I’m not sure a phone call is a brilliant idea. Keep it in writing.  Do you know how Zen plans to help itself to your money - direct debit or continuous card authority? If they take it by direct debit you should instruct your bank to claw it back under the direct debit guarantee. If they take it a card payment, you should raise a chargeback claim and if the card is a credit card you should claim against the issuer under Section 75 of the Consumer Credit Act 1974. 

Not_A_Hope

You may not be aware that no PPC have ever won a case in court relating to ‘driver left site’. Last time it was tried it was laughed out of court so they don’t actually bother. Zen have done you a great disservice if they have paid it. They will have no evidence of who actually left the site and the sign which forms the contract does not include where the boundary of the site actually is.

If Zen has been stupid enough to pay this invoice they should try to get their money back. Might make them think about changing their policy in future.