Minster Baywatch Ltd - Meadowhall

Coupon-mad

Accept full liability as the registered keeper and pay the charge themselves without passing any cost onto me.

So they chose this option then. Not your problem! You can try the BVRLA ADR.

Not sure if this falls within Financial Ombudsman's remit and almost certainly not the FCA.

1505grandad

If they are members 0f BVRLA:-

https://www.bvrla.co.uk/resource/shifting-liability-added-to-private-parking-code-of-practice.html

Shifting liability added to Private Parking Code of Practice

"Crucially, the BVRLA has successfully made sure that the Code includes the requirement for private parking companies to have a process for transferring liability for Parking Charge Notices for rental and leasing companies. The BVRLA will now be working with both organisations to shape that process."

Jenni_D

Said article being published on 02-Jul-2024 ... so the OP's lease company have no excuse (assuming that they are BVRLA members).

Stefano123

Just wanted to give an update to those who’ve been following my saga with Audi Financial Services over a private parking charge (PCN) at Meadowhall. I'm naming them now because their conduct has been disgraceful.

Despite my repeated objections, Audi FS went ahead and paid a £165 charge to the parking company and recharged it to me—even though I had already told them I disputed liability and had requested they transfer liability to me as the hirer under the Protection of Freedoms Act 2012.

They claimed they couldn’t transfer liability due to “GDPR”. As many of you will know, that’s simply not true—Article 6(1)(c) of the UK GDPR explicitly allows processing of data when it’s necessary to comply with a legal obligation (like POFA). So their refusal was either a complete misunderstanding of data law or a convenient excuse to ignore due process.

After I pushed back, they eventually refunded the £165 “as a goodwill gesture” — but they’ve now formally dismissed my complaint, saying their actions were in line with their policy.

I’m not letting it lie. I’ve now filed a formal complaint with the Financial Ombudsman Service, on the grounds of:

• Unfair consumer practice;

• Breach of POFA 2012 and the Consumer Rights Act;

• Misrepresentation of legal obligations under GDPR;

• Poor complaint handling (breaching FCA Principles 6 and 7).

Just because the fee was refunded doesn’t make the underlying issue go away. Their policy is flawed and potentially affects anyone hiring a vehicle through them who ends up with a private PCN.

I’ll keep the thread updated with what the Ombudsman says.

Cheers all—appreciate the advice and encouragement some of you gave early on!

Castle

Stefano123 said:

Just wanted to give an update to those who’ve been following my saga with Audi Financial Services over a private parking charge (PCN) at Meadowhall. I'm naming them now because their conduct has been disgraceful.

Despite my repeated objections, Audi FS went ahead and paid a £165 charge to the parking company and recharged it to me—even though I had already told them I disputed liability and had requested they transfer liability to me as the hirer under the Protection of Freedoms Act 2012.

They claimed they couldn’t transfer liability due to “GDPR”. As many of you will know, that’s simply not true—Article 6(1)(c) of the UK GDPR explicitly allows processing of data when it’s necessary to comply with a legal obligation (like POFA). So their refusal was either a complete misunderstanding of data law or a convenient excuse to ignore due process.

You should also make a complaint to the ICO.

Umkomaas

BVRLA arbitration?

https://www.dropbox.com/scl/fi/c8hf28g1vbd48f30xxjkq/BPA-BVRLA-MoU.pdf?rlkey=dlq2lt286g73zsbgb9u6k1rbj&e=1&dl=0

Coupon-mad

I’ll keep the thread updated with what the Ombudsman says.

Please do. Could well help others.

Stefano123

So the investigator from the FCA has now responded. While they accepted that I clearly asked VWFS not to pay the charge and wanted to appeal, they concluded:

• VWFS were entitled to settle the PCN under the lease terms;

• Their refusal to transfer liability (on GDPR grounds) wasn’t unlawful;

• Since the charge was refunded as a “gesture of goodwill,” no further action was needed.

Frankly, I found this deeply unsatisfactory.

It fails to engage with the actual legal framework:

• VWFS’s refusal to transfer liability denied me my statutory right to appeal under the Protection of Freedoms Act 2012 (PoFA);

• Their reliance on GDPR is plainly incorrect — Article 6(1)(c) allows disclosure where there is a legal obligation, which PoFA creates;

• The clause in the lease they relied on is vague and legally unsound, and should be interpreted in the consumer’s favour under the Consumer Rights Act 2015.

I’ve now requested a full Ombudsman review, arguing that this isn’t just poor communication — it’s a procedural and legal breach with implications for thousands of other consumers leasing through VWFS.

I’ll share the full decision once I have it. 

Coupon-mad

Good for you!