SIP PCN sent to lease company

Affywaffy

I also received an overdue payment notice meant for someone else within my letter. Shows you how useless they are not to mention the data breaches caused.

KeithP

Affywaffy said:

I also received an overdue payment notice meant for someone else within my letter. Shows you how useless they are not to mention the data breaches caused.

Have you enough information to be able to contact that 'someone else'?
If so, it might be an idea to get in touch and suggest that they too might like to consider GDPR and data breaches.
Even if they are not minded to do that, they might appreciate a pointer to this forum to help them with their problem.

Affywaffy

KeithP said:

Affywaffy said:

I also received an overdue payment notice meant for someone else within my letter. Shows you how useless they are not to mention the data breaches caused.

Have you enough information to be able to contact that 'someone else'?
If so, it might be an idea to get in touch and suggest that they too might like to consider GDPR and data breaches.
Even if they are not minded to do that, they might appreciate a pointer to this forum to help them with their problem.

There is an address and name. The usual parking offence info and car details.
there is a statement on the reverse about data processing stating you can complain to DVLA or Information Commissioner if info has been obtained inappropriately. Looks like another step to take against these cowboys. 

Coupon-mad

Yes you should use this as leverage.

Maybe even trying a (second stage farce) IAS appeal showing as evidence, EXACTLY what was included with that NTH.  I think it could be enough for SIP to drop it at IAS stage.

Affywaffy

So I have received a letter today from VW saying they have paid £115! I called and said I wrote to them to NOT pay anything under any circumstances. They stated they are legally obligated to pay it but if I win my dispute they will refund me.

Coupon-mad

Affywaffy said:

So I have received a letter today from VW saying they have paid £115! I called and said I wrote to them to NOT pay anything under any circumstances. They stated they are legally obligated to pay it but if I win my dispute they will refund me.

But they've stopped you being able to appeal it and have taken away your rights.

And ignored your clear instructions.

And ignored the BVRLA guidance on transferring liability in lease/hire cases where they receive a private parking charge.

Put it into dispute with your card provider as an improper debit that you did not agree to and VW have lied that they are 'legally obligated to pay this' which is untrue.

Reverse the payment and tell VW why.  Show us your draft reply to VW first as we can help.

Half_way

Have they said they are passing on the charge to you?

Affywaffy

Half_way said:

Have they said they are passing on the charge to you?

Yes they will be charging the amount back to me stating it will be refunded if the authority issues a refund.

On my call I was told certain parking charges they have to pay. My argument back was that this is a private parking company not council related. Therefore under BVRLA they should only be passing my details on and not paying the charges.

troublemaker22

You would certainly have won this case against the parking company if your leasing company had not negligently prevented you from doing so by paying a parking charge for which they would not have been liable had they transferred it to you under the relevant legislation. 

You now need to take the fight to the leasing company. How to do so will depend on a number of factors. Please answer the following questions :

1. Is the lease to you as an individual or to a company?

2 Are they proposing to take the money from 
you via a direct debit from your bank account or a continuous payment card authority (if yes, please specify which)?

3 if they are proposing to use a continuous card authority, is it a debit card or a credit card?

troublemaker22

Ps their reference to this private company as an “authority” shows they have no idea what they are doing.