PCN paid for by leasing company

KeithP

travellover123 said:
Does this mean once my leasing company name me I’ll have to pay the fine? 

Certainly not.

As said, get the leasing company to name you as the hirer/lessee.
Once G24 have written to you as the hirer/lessee, you must respond to the Notice to Hirer that G24 will send you. If you fail to respond then G24 will revert to the lessor who have already stated that they will then pay the charge.

You need to be reading the paragraphs towards the end of the opening post of the NEWBIES thread which offers three near template responses to a Notice to Hirer. Choose the most appropriate one.

LDast

There is no “law” requiring the lease company to transfer liability. The law simply say that IF the lease company transfers liability then, subject to all the other conditions of PoFA, the Hirer/Lessee can be liable. 

The lease company cannot name the OP as the “driver” because they have no idea who the “driver” is, just like the PPC. All the lease company is doing is transferring the liability from them, as the keeper, to you, the “Hirer/Lessee”. Your appeal is as the Hirer and you decline to identify the “driver” and you cannot be liable as the “Hirer”?because the PPC has not fully complied with all the requirements of PoFA in order to be able to transfer liability from the “Hirer” to the “driver”. 

No one is suggesting you pay a penny to anyone. If the lease company are too thick to figure out how to transfer liability from themselves as the keeper to you, the hirer, then that is their problem. However, you have a letter if authority from them to appeal as the hirer. 

Did the lease company include a copy of the NtK? They should have. If so, does it mention on the NtK anything about what the keeper should do if the vehicle is hired out?

travellover123

Thanks everyone! 

Not sure why I’m struggling so much to understand all of this. 

I’m going to give the newbies thread another read and hopefully I can wrap my head around it all. 

I’ll also email the leasing company telling them to nominate me

travellover123

LDast said:

Did the lease company include a copy of the NtK? They should have. If so, does it mention on the NtK anything about what the keeper should do if the vehicle is hired out?

This and the actual PCN from G24 is all they included

travellover123

Hi all, 

Is the following okay for me to send to my leasing company? Have I missed anything? 

“Ref:  

Vehicle Registration: 

Dear [Leasing Company],

I have received your letter dated 23rd August 2024 informing me of the recent Parking Charge Notice (PCN)  issued by G24 to the above vehicle. I am writing to formally request that you follow the law outlined in the POFA 2012, and name me as the hirer/lessee for this PCN.

Under Schedule 4 of POFA 2012, you, as the registered keeper, have the legal right to transfer liability for a PCN to the hirer/lessee. Whether G24 accepts this or not is irrelevant; the law is clear and must take precedence over any preferences G24 might express. By naming me as the hirer/lessee, you will be lawfully discharged from liability, and G24 must pursue the charge directly with me.

Once you have transferred liability to me, I will be disputing the PCN and therefore I must insist that you do not pay the PCN and then attempt to pass this charge onto me. Should you do so without adhering to the process mandated by POFA 2012, I will be left with no choice but to dispute any charges you attempt to apply, as your actions would not be in compliance with the legal requirements within England and Wales.

Please confirm your compliance with this request and proceed accordingly by instructing G24 to transfer the charge to me as the lawful lessee.

Thank you for your attention to this matter.

Kind regards,”

Many thanks! 

Coupon-mad

I don't think they will, and I think this is likely to end up with the lease firm paying it.

I don't think this is the answer.  I would not do this. I would just use the authority letter the lease firm gave you and upload that & appeal as ADMITTED DRIVER to hook the case to you.

LDast

As above. however, you may want to point out to whoever sent you that letter of authority that they should get clued up on the difference between a Penalty Charge Notice and a Parking Charge Notice. If they are responsible for handling these issues, it reveals a deficiency on their education about these matters.

You haven’t shown us the copy of the NtK you say they sent you. We would like to see the wording in it with reference to lease/hire vehicles.

You may want to name and shame the lease company.

travellover123

Coupon-mad said:

I don't think they will, and I think this is likely to end up with the lease firm paying it.

I don't think this is the answer.  I would not do this. I would just use the authority letter the lease firm gave you and upload that & appeal as ADMITTED DRIVER to hook the case to you.

So I should name the driver? 

travellover123

LDast said:

You haven’t shown us the copy of the NtK you say they sent you. We would like to see the wording in it with reference to lease/hire vehicles.

This is the first one I received (where the leasing company had already paid it, I don’t currently have the one the leasing company posted to me to hand) 

travellover123

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