Car lease company paid private parking company's parking charge & sent me the invoice to pay them.

sjs2013

Looks like the CRA Section 69 is definitely going to help in this case. 

RE: the scam: The lease company doesn't have any additional benefits if they DON'T pay the PP but only give them the drivers details. They can still recoup their 'admin' fee from the lessee. So why do some lease companies pay them the 'fine'? Do the leaser & PP have some kind of under the desk arrangement to pay themselves the lessee's money?

Is there any authority who can investigate this matter? I'm sure there're fair few  people who have fallen for this. 

born_again

sjs2013 said:

Looks like the CRA Section 69 is definitely going to help in this case. 

RE: the scam: The lease company doesn't have any additional benefits if they DON'T pay the PP but only give them the drivers details. They can still recoup their 'admin' fee from the lessee. So why do some lease companies pay them the 'fine'? Do the leaser & PP have some kind of under the desk arrangement to pay themselves the lessee's money?

Is there any authority who can investigate this matter? I'm sure there're fair few  people who have fallen for this. 

All you can do is go through their complaints process & then escalate to FOS. 
But even then FOS could rule in their favour.

sjs2013

born_again said:

sjs2013 said:

Looks like the CRA Section 69 is definitely going to help in this case. 

RE: the scam: The lease company doesn't have any additional benefits if they DON'T pay the PP but only give them the drivers details. They can still recoup their 'admin' fee from the lessee. So why do some lease companies pay them the 'fine'? Do the leaser & PP have some kind of under the desk arrangement to pay themselves the lessee's money?

Is there any authority who can investigate this matter? I'm sure there're fair few  people who have fallen for this. 

All you can do is go through their complaints process & then escalate to FOS. 
But even then FOS could rule in their favour.

I've complained to BVRLA already. They'll take about 30 days to process it. If BVRLA rules in their favour, can I still take the leaser to small claims court?

I reckon this case is fairly strong in my favour & what the leaser did is a serious malpractice affecting many motorists. I'll be very happy to spend some of my time + small amount of money to put a full stop on it.   

Jenni_D

Anyone can take anyone else to court for (just about) any reason ... your case is quite strong, much stronger than many other spurious claims.

But don't expect to have any lasting or binding effect - county court claims do not set a precedent. Even appeals in the county court are only persuasive rather than binding. (A case has to be won in the Court of Appeals or Supreme Court to have any binding effect on lower courts).

Jumblebumble

Olinda99 said:

the agreement is anything but vague - they say that they will pay any parking charges you incur and pass them onto you with a small admin fee

Great
So if the Parking Company sent an invoice for £10.000 you think it would be reasonable for the lease company to pay and recharge the OP

sjs2013

Jumblebumble said:

Olinda99 said:

the agreement is anything but vague - they say that they will pay any parking charges you incur and pass them onto you with a small admin fee

Great
So if the Parking Company sent an invoice for £10.000 you think it would be reasonable for the lease company to pay and recharge the OP

Hence it's open to interpretation & requires agreement from both parties. I personally think £10 of admin fee from leaser is reasonable in light that a person will have to spend some time, stationary, electronic devices, electricity etc. to provide the driver details to the parking company. The driver then deals with the parking company whether it's another £10 or thousands.

sjs2013

Jenni_D said:

Anyone can take anyone else to court for (just about) any reason ... your case is quite strong, much stronger than many other spurious claims.

But don't expect to have any lasting or binding effect - county court claims do not set a precedent. Even appeals in the county court are only persuasive rather than binding. (A case has to be won in the Court of Appeals or Supreme Court to have any binding effect on lower courts).

Thanks for pointing out the difference between small claims court & other courts. But if the leaser starts getting multiple small claims against them hopefully they'll see the light.

born_again

sjs2013 said:

born_again said:

sjs2013 said:

Looks like the CRA Section 69 is definitely going to help in this case. 

RE: the scam: The lease company doesn't have any additional benefits if they DON'T pay the PP but only give them the drivers details. They can still recoup their 'admin' fee from the lessee. So why do some lease companies pay them the 'fine'? Do the leaser & PP have some kind of under the desk arrangement to pay themselves the lessee's money?

Is there any authority who can investigate this matter? I'm sure there're fair few  people who have fallen for this. 

All you can do is go through their complaints process & then escalate to FOS. 
But even then FOS could rule in their favour.

I've complained to BVRLA already. They'll take about 30 days to process it. If BVRLA rules in their favour, can I still take the leaser to small claims court?

I reckon this case is fairly strong in my favour & what the leaser did is a serious malpractice affecting many motorists. I'll be very happy to spend some of my time + small amount of money to put a full stop on it.   

I
Who is the lease co? 
Are they regulated by the FCA?

sjs2013

born_again said:

sjs2013 said:

born_again said:

sjs2013 said:

Looks like the CRA Section 69 is definitely going to help in this case. 

RE: the scam: The lease company doesn't have any additional benefits if they DON'T pay the PP but only give them the drivers details. They can still recoup their 'admin' fee from the lessee. So why do some lease companies pay them the 'fine'? Do the leaser & PP have some kind of under the desk arrangement to pay themselves the lessee's money?

Is there any authority who can investigate this matter? I'm sure there're fair few  people who have fallen for this. 

All you can do is go through their complaints process & then escalate to FOS. 
But even then FOS could rule in their favour.

I've complained to BVRLA already. They'll take about 30 days to process it. If BVRLA rules in their favour, can I still take the leaser to small claims court?

I reckon this case is fairly strong in my favour & what the leaser did is a serious malpractice affecting many motorists. I'll be very happy to spend some of my time + small amount of money to put a full stop on it.   

I
Who is the lease co? 
Are they regulated by the FCA?

I don't want to name the lease co. here and yes, they're FCA regulated.

MobileSaver

sjs2013 said:

This is the part of the rental agreement they're referring to as their authority to act on my behalf.

 All charges and legal costs for any congestion charge, road-traffic, parking offences or any other offence involving the rental vehicle, including costs from the vehicle being clamped, seized or towed away. You will accept that we will pay and recharge with a reasonable administration fee.

The above agreement section is vague at best & does not cover private parking scenarios.

As has been said already, I genuinely don't understand what you think is vague; that clause specifically states what will happen if you break any parking rules. (Perhaps you are wrongly assuming an offence can only be criminal when in fact they can be civil as well?)

I'm normally pretty gung ho with legal disputes but I certainly wouldn't feel confident challenging this one in court.

Having said that, it does seem an unwise business policy by the lease company; they end up paying what could be significant amounts to unvetted third-parties and then end up being piggy in the middle if the lessee disputes the charges. Why they don't just charge a reasonable admin fee and simply pass on the lessee's details is beyond me.