PCN paid for by leasing company

travellover123

LDast said: 

Not quite...

...as G24 does not permit you to nominate me as the hirer.

It is not up to G24 to NOT permit the keeper to nominate the Hirer. Their ATA CoP tells them exactly what they must do if they receive a nomination from the keeper that the vehicle is on hire/lease and they are provided with the Hirers details. If G24 told porkies to the lease company, then the lease company can take it up with G24.

Ah yeah I should’ve said “as you claim G24 does not permit you to nominate me as the hirer”

But I’ll just remove that bit

LDast said:

So, to make the statement clearer and more accurate, it should really be rephrased as: “G24 have issued three Parking Charge Notices which are not automatically enforceable under statutory law, as they are subject to civil law and require court action for enforcement.” 

Thank you for rephrasing, I thought it would be enough to just leave it as “not enforceable under statutory law”, but the clearer statement is much better. 

Many thanks

travellover123

Fruitcake said:

If you do appeal where the driver has entered an incorrect VRM, this point should be raised, and a complaint made to them then the IPC, even though it will be a waste of your time.

You should also complain to your MP about the PPC, their failure to comply with their trade association's instructions where applicable, and about the hire company and their failings. All this is due to the government's failure to implement the new parking code of practice/conduct, so ask when the new government is going to rectify this problem that affects 12 million motorists a year.

I’ve already appealed to G24 but I’ll definitely complain to my MP about this, thanks! 

travellover123

"I am writing raise a complaint regarding your recent handling of the two parking charge notices (PCNs) from G24 associated with my lease agreement [0123456789] & [0123456789]. The charges in question were paid directly by [Leasing Company’s Name] instead of nominating me as the hirer, which is a clear breach of BVRLA Memorandum of Understanding, the Protection of Freedoms Act 2012 (PoFA), and my consumer rights as per the Consumer Rights Act 2015.

It is my understanding that under the BVRLA guidelines, leasing companies are advised to nominate the hirer as the responsible party when receiving PCNs, thereby passing the liability directly to the hirer as required by the PoFA. By paying these charges directly, [Leasing Company’s Name] has admitted liability by conduct, which could have been avoided had you correctly followed the BVRLA guidelines and the legal requirements under the PoFA.

It is clear that you are aware of the guidelines as in the case of a third PCN issued by G24, you did not pay it but instead forwarded it to me (Ref: [Reference Number]), along with a Letter of Authority.

After receiving the two invoices, I contacted your team on the same day and was advised to appeal online immediately, as the payment had been sent by post and might not have been received yet. I followed these instructions and submitted online appeals for both PCNs on the same day. However, G24 has since responded, stating that the parking charges have been paid and that the cases are now closed (see attached). 

Paying the first two PCNs has not only wrongly attributed liability to your company but has also denied me my fundamental right to challenge the charges, appeal, or seek ADR. These are rights protected under the Consumer Rights Act 2015, which ensures consumers are afforded reasonable opportunities to contest and resolve disputes before payment is enforced.

I would also like to clarify the difference between a Penalty Notice and a Parking Charge Notice or Parking Notice, as there appears to be some confusion between these two types of charges on your end. You have referred to the three Parking Notice’s I’ve received as "Penalty Notice’s" multiple times including in the Letter of Authority you have provided.

A Penalty Notice is issued by public authorities or law enforcement, such as local councils, police, or Transport for London (TfL). These notices are typically issued for breaches of traffic regulations, such as parking violations, driving in bus lanes, or speeding.

Penalty Notices are legally enforceable under statutory law. If not paid, they can lead to formal legal proceedings, and payment is mandatory unless successfully appealed.

Whereas a Parking Charge Notice is a charge issued by private parking companies for alleged breaches of terms and conditions on private land, such as overstaying a permitted parking time or parking without a valid ticket.

Parking Charge Notices are essentially invoices for breach of contract. They are not legally enforceable in the same way as Penalty Notices unless a court orders payment. Private parking companies must follow the Protection of Freedoms Act 2012 (PoFA) if they wish to hold the vehicle’s keeper liable.

For Penalty Notices, the registered keeper is often held liable, whereas for Parking Charge Notices, liability can only be transferred to the driver or hirer if certain conditions under PoFA are met.

G24 have issued three Parking Charge Notices which are not automatically enforceable under statutory law, as they are subject to civil law and require court action for enforcement.

I am therefore requesting the following actions be taken immediately:

• Cancellation of the two invoices [0123456789] & [0123456789] and payments scheduled for DD/MM/YYYY.
• Confirmation that any future PCNs received under my lease agreement will be handled in accordance with the correct procedures, including nominating me as the hirer.

Should this matter not be resolved satisfactorily, I will have no choice but to escalate the complaint to the BVRLA and consider other appropriate legal remedies.

I look forward to your prompt response to this matter.

Yours sincerely,"

Coupon-mad

I'd remove all of this (below) because it's too long.  Remove this and the whole thing flows better:

"Penalty Notices are legally enforceable under statutory law. If not paid, they can lead to formal legal proceedings, and payment is mandatory unless successfully appealed.

Whereas a Parking Charge Notice is a charge issued by private parking companies for alleged breaches of terms and conditions on private land, such as overstaying a permitted parking time or parking without a valid ticket.

Parking Charge Notices are essentially invoices for breach of contract. They are not legally enforceable in the same way as Penalty Notices unless a court orders payment. Private parking companies must follow the Protection of Freedoms Act 2012 (PoFA) if they wish to hold the vehicle’s keeper liable.

For Penalty Notices, the registered keeper is often held liable, whereas for Parking Charge Notices, liability can only be transferred to the driver or hirer if certain conditions under PoFA are met."

Gr1pr

Missed TO out near the beginning,  to raise a complaint 

travellover123

Thanks both, 

I’ve made the changes: 

“I am writing to raise a complaint regarding your recent handling of the two parking charge notices (PCNs) from G24 associated with my lease agreement [0123456789] & [0123456789]. The charges in question were paid directly by [Leasing Company’s Name] instead of nominating me as the hirer, which is a clear breach of BVRLA Memorandum of Understanding, the Protection of Freedoms Act 2012 (PoFA), and my consumer rights as per the Consumer Rights Act 2015.

It is my understanding that under the BVRLA guidelines, leasing companies are advised to nominate the hirer as the responsible party when receiving PCNs, thereby passing the liability directly to the hirer as required by the PoFA. By paying these charges directly, [Leasing Company’s Name] has admitted liability by conduct, which could have been avoided had you correctly followed the BVRLA guidelines and the legal requirements under the PoFA.

It is clear that you are aware of the guidelines as in the case of a third PCN issued by G24, you did not pay it but instead forwarded it to me (Ref: [Reference Number]), along with a Letter of Authority.

After receiving the two invoices, I contacted your team on the same day and was advised to appeal online immediately, as the payment had been sent by post and might not have been received yet. I followed these instructions and submitted online appeals for both PCNs on the same day. However, G24 has since responded, stating that the parking charges have been paid and that the cases are now closed (see attached). 

Paying the first two PCNs has not only wrongly attributed liability to your company but has also denied me my fundamental right to challenge the charges, appeal, or seek ADR. These are rights protected under the Consumer Rights Act 2015, which ensures consumers are afforded reasonable opportunities to contest and resolve disputes before payment is enforced.

I would also like to clarify the difference between a Penalty Notice and a Parking Charge Notice or Parking Notice, as there appears to be some confusion between these two types of charges on your end. You have referred to the three Parking Notice’s I’ve received as "Penalty Notice’s" multiple times including in the Letter of Authority you have provided.

A Penalty Notice is issued by public authorities or law enforcement, such as local councils, police, or Transport for London (TfL). These notices are typically issued for breaches of traffic regulations, such as parking violations, driving in bus lanes, or speeding.

G24 have issued three Parking Charge Notices which are not automatically enforceable under statutory law, as they are subject to civil law and require court action for enforcement.

I am therefore requesting the following actions be taken immediately:

• Cancellation of the two invoices [0123456789] & [0123456789] and payments scheduled for DD/MM/YYYY.
• Confirmation that any future PCNs received under my lease agreement will be handled in accordance with the correct procedures, including nominating me as the hirer.

Should this matter not be resolved satisfactorily, I will have no choice but to escalate the complaint to the BVRLA and consider other appropriate legal remedies.

I look forward to your prompt response to this matter.

Yours sincerely,"

Coupon-mad

Still too long.  You'll lose the reader.

Don't take three paragraphs explaining the difference:

" would also like to clarify the difference between a Penalty Notice and a Parking Charge Notice or Parking Notice, as there appears to be some confusion between these two types of charges on your end. You have referred to the three Parking Notice’s I’ve received as "Penalty Notice’s" multiple times including in the Letter of Authority you have provided.

A Penalty Notice is issued by public authorities or law enforcement, such as local councils, police, or Transport for London (TfL). These notices are typically issued for breaches of traffic regulations, such as parking violations, driving in bus lanes, or speeding.

G24 have issued three Parking Charge Notices which are not automatically enforceable under statutory law, as they are subject to civil law and require court action for enforcement."

Not needed. Remove all of the above and stay focussed on the facts of your complaint.

travellover123

So I shouldn't  bother explaining the difference between a Penalty Notice and a Parking Charge Notice? 

Gr1pr

travellover123 said:

So I shouldn't  bother explaining the difference between a Penalty Notice and a Parking Charge Notice? 

Save those details for any future reply, no point wasting ammo at this point 

But do take all the contents onboard and memorise them

travellover123

Okay I great I will do, thank you! 

I’ll email the above without those paragraphs to the leasing company now