PCN paid for by leasing company

Coupon-mad

You can't appeal because the lease firm has paid it in full. G24 consider the matter closed.

Simply refuse to pay the lease firm. Their error. 

travellover123

Dear Sir,

Parking Charge Notice [0123456789]: Vehicle Registration [AA11ABC]

I refer to the above-detailed Parking Charge Notice (“PCN”) issued to me by G24 Limited as a Notice to Keeper. I confirm that as the hirer of this vehicle, I am its keeper for the purpose of the corresponding definition under Schedule 4 of the Protection of Freedoms Act 2012 (“POFA”) and I write to formally challenge the validity of this PCN.

You will no doubt be familiar with the strict requirements of Schedule 4 of POFA to be followed in order for a parking operator to be able to invoke keeper liability for a Parking Charge. There are a number of reasons why G24’s Notice to Hirer did not comply with POFA; in order that you may understand why, I suggest that you carefully study the details of Paragraphs 13 and 14 of Schedule 4 in particular.

I would also like to inform you that the driver did enter the registration number of the car in the parking system for shopname to qualify for their free parking however, it was entered incorrectly (AA11ACB) instead of (AA11ABC). Nevertheless, I am not obliged to disclose the identity of the driver and this does not affect my liability in this matter .

Given that G24 has forfeited its right to keeper liability, please confirm that you shall now cancel this charge. Alternatively, should you choose to reject my challenge, please provide me with details of the Independent Appeals Service (IAS), their contact details and a unique IAS appeal reference so that I may escalate the matter to IAS.

Thank you for your cooperation and I look forward to receiving your response within the relevant timescales specified under the IPC Code of Practice.

Yours faithfully,

travellover123

Coupon-mad said:

You can't appeal because the lease firm has paid it in full. G24 consider the matter closed.

Simply refuse to pay the lease firm. Their error. 

Thank you for your reply @Coupon-mad

The leasing company said I can appeal as they've only just sent off the payment via post (20th) so G24 wouldn't haven't received it yet and have no pay of knowing that it's been "paid" so until they receive it I can appeal and I am able to appeal on their website, it shows the charge as outstanding.

However I will raise a complaint with the leasing company too.

Coupon-mad

You can't appeal. They are wrong.

Fruitcake

Personally, I would try to appeal. It will be rejected, but it is something to show a judge if it gets to court. The hire company denied you your right to appeal by paying the charge. If/when your appeal is rejected you will have further evidence that the hire company have acted unfairly.

As a side note. I wouldn't mention that the VRM was entered incorrectly. It is just as likely that it was entered correctly but the machine was faulty.
The IPC have stated that it is a moral duty for its members to install typo-proof machines to prevent exactly this sort of thing from happening. It is G24's fault that an incorrect VRM was registered because they failed to follow their moral duty to install typo-proof machine.

The International Parking Community (IPC)

@_TheIPC's mantra is that no motorist should be marginalised - or humiliated! (See news article below)

@_TheIPC's award nominated "Get Your Reg Right" campaign urges the manufacture of #typoproof #parking payment systems as a moral duty. #mondaythoughts https://cambrian-news.co.uk/article.cfm?id=136601&headline=New%20parking%20ticket%20machines%20a%20%E2%80%98humiliating%20experience%E2%80%99%20for%20some&sectionIs=news&searchyear=2021

travellover123

I already appealed and mentioned the registration typo  
I was worried my leasing company might blame me if G24 recieve the payment before I get to appeal since they told me to appeal asap. 

Can I still argue their fault for not installing a typo-proof machine since it allowed me to enter an incorrect VRM? It's highly unlikely that there was a car with the VRM I entered parked there on both days. The machiene did confirm the make, model and colour of my car and it matched mine but sometimes these machienes also show a picture of the car coming in to confirm it's the correct one. 

Gr1pr

Before arguing anything, we need to hear what happens to the appeal, arguing with deaf ears is pointless , you have not even hooked G24 in your direction yet, so cannot argue anything 

Personally I agree with the posts above yours, but I agree with Fruitcake that its better to be seen to have appealed, even if its not accepted or pointless, as coupon mad said 

Wait for the reply, although I think that you won't be happy with the outcome, partly due to not receiving an NtH 

Too many errors already made by the leasing company, causing the current problems of yours

travellover123

You're right, i'll wait for a reply but i'm not expecting a good one. 

Shall I wait for a response before I raise a complaint with my leasing company too?

Here is the complaint I have drafted: 

I am writing raise a complaint regarding your recent handling of the two penalty charge notices (PCNs) 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 driver, 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 driver 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.

This action 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 am  therefore requesting the following actions be taken immediately:

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

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,

Travellover123

Vehicle Registration [AA11ABC]

Gr1pr

The lease company pointed you at G24, so my thoughts are wait for the G24 reply, because if the lease company wants to know the outcome, at the moment there isn't one 

travellover123

makes sense! 

I'll update here once I get a reply from G24 then.

Thanks a lot for al your help!