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! 

Stefano123

Just posting an update on my case in case it helps others dealing with lease companies and private PCNs.

To recap: Volkswagen Financial Services (VWFS) received a PCN from Minster Baywatch and, despite my clear written request, refused to transfer liability to me so I could appeal. Instead, they cited “data protection” (wrongly), paid the charge themselves, and then tried to recharge me.

I complained. They eventually refunded the £165 — but only as a “gesture of goodwill,” not because they admitted fault. I escalated the matter to the Financial Ombudsman Service (FOS) to determine whether VWFS had acted lawfully and fairly.

The Ombudsman has now issued a final decision. They said VWFS should ideally have transferred liability, but it wasn’t “unfair” that they didn’t. They said VWFS had a “choice” whether to pay or transfer liability, and that because the charge was later refunded, I wasn’t materially disadvantaged. Case closed — complaint not upheld.

I obviously disagree.

The law under PoFA 2012, Schedule 4, Paragraph 13 is clear: if VWFS wanted to avoid being liable, they had to provide the parking company with a signed hire agreement and a statement of liability within 28 days. That’s not a discretionary "choice" — it’s the legal route to transfer liability. They didn’t. So they remained liable.

By failing to follow that process, VWFS denied me the opportunity to appeal what I believe was an unenforceable charge. That right matters. It’s not a trivial issue.

The Ombudsman’s position — that no harm was done because I got my money back — completely misses the point. I spent days of time writing letters, making calls, submitting formal complaints, and preparing a response to the Ombudsman - so they don't do this to others! I only got back to where I started because I pushed so hard. The underlying issue — that a regulated finance provider denied a customer’s legal appeal rights — has gone completely unchallenged.

The decision effectively tells lease companies: ignore the law, pay the charge, refund it only if pushed, and face no consequences.

I’ve now rejected the decision and requested the case be referred to the FCA. I’m disappointed, but not surprised. This case has shown just how weak consumer protections can be when it comes to leasing firms and private parking enforcement.