Lease company paid private car park fine

please_help3

Hi
i have received 3 fines from the lease company over the last few days.  They have paid the £60 fine and added £30 admin fee for each charge.
I was parked in Asda precinct cheadle Hulme and was working from the Costa for a few days and did not know I could stay a maximum 3 hours. I stayed there for 5 hours and then 7 hours and then 5 hours.
This was between 23rd and 25th June.
please can anyone help on how to appeal for this charge since the lease company have already paid it? Is it possible to get 3 charges cancelled?
I will forward the letter from the lease company.

As the fine has now been paid on your behalf, there is nothing for you to do as the fine value and the administration fee will be taken by direct debit.Details are also provided on the invoice that will be sent to you in the post.

Formal grounds on which you may make an appeal are detailed on the notice via the hyperlink above. For your convenience, we have attached a third-party permission letter which you must enclose with any correspondence you send to the Issuing Authority, this will allow the authority to liaise directly with you. Should you be successful, please forward your cancellation notice to us and we will issue a refund to you via the Direct Debit bank details we hold for you on our system. 

If your appeal to the Issuing Authority is rejected, depending on the membership of the Issuing Authority; you may be able to take a further appeal to either POPLA or the IAS.

If the Issuing Authority is a member of the “British Parking Association” (BPA) then under the provisions of the BPA you are entitled to make an appeal to POPLA within 28 days of the PCN issue date . POPLA is an independent service free to all motorists who want to appeal against a Parking Charge Notice.

If the Issuing Authority is a member of the “International Parking Community” (IPC) then under the provisions of the IPC you may be entitled to make an appeal to the Independent Appeals Service(IAS) within 21 days of the PCN issue date. The IAS is Certified Alternative Dispute Resolution provider administered by the IPC.

If you have any further questions, please get in touch using the details below – we would be happy to help.

Any help would be appreciated.

Thank you 

doubledotcom

Write to your lease company and explain to them that they are now liable for the sums they have charged you. All they had to do was transfer liability to you as the Hirer and that would be the end of the matter as far as they were concerned. Because they have stupidly paid the "fine", which is nothing of the sort, the unregulated private parking firm is laughing all the way to the bank and no appeal will be accepted by them.

So, they should refund any money they have taken from your bank by direct debit. You can just tell the bank to refund anything they have taken for this as it is in dispute.

The lease company have simply paid some speculative invoices from an unregulated private parking firm without your permission. By claiming it was a "fine" they have revealed their utter incompetence and understanding of basic contract law.

caprikid1

doubledotcom said:

Write to your lease company and explain to them that they are now liable for the sums they have charged you. All they had to do was transfer liability to you as the Hirer and that would be the end of the matter as far as they were concerned. Because they have stupidly paid the "fine", which is nothing of the sort, the unregulated private parking firm is laughing all the way to the bank and no appeal will be accepted by them.

So, they should refund any money they have taken from your bank by direct debit. You can just tell the bank to refund anything they have taken for this as it is in dispute.

The lease company have simply paid some speculative invoices from an unregulated private parking firm without your permission. By claiming it was a "fine" they have revealed their utter incompetence and understanding of basic contract law.

I suspect it is all in their contract to pay and forward such charges so they will rigorously defend it.

"All they had to do was transfer liability to you as the Hirer "

All they had to do was follow the terms of their contract which I suspect they did ?

Gr1pr

Then let's see what the hire contract actually says 

It doesn't matter if the charge was from the council or a private parking company,  NEITHER are fines

Magistrates issue fines,  but are not involved here

Half_way

there is also the consumer rights act, and other bits of legislation the hire/lease agreement needs to clear.
if its private parking....
it is not a fine or a penalty
there is no issuing authority

So would paying a spurious/speculative invoice from an un regulated organisation/parking company pass those tests?

James_Poisson

caprikid1 said:

doubledotcom said:

Write to your lease company and explain to them that they are now liable for the sums they have charged you. All they had to do was transfer liability to you as the Hirer and that would be the end of the matter as far as they were concerned. Because they have stupidly paid the "fine", which is nothing of the sort, the unregulated private parking firm is laughing all the way to the bank and no appeal will be accepted by them.

So, they should refund any money they have taken from your bank by direct debit. You can just tell the bank to refund anything they have taken for this as it is in dispute.

The lease company have simply paid some speculative invoices from an unregulated private parking firm without your permission. By claiming it was a "fine" they have revealed their utter incompetence and understanding of basic contract law.

I suspect it is all in their contract to pay and forward such charges so they will rigorously defend it.

"All they had to do was transfer liability to you as the Hirer "

All they had to do was follow the terms of their contract which I suspect they did ?

That is rarely the case, the contract usually talks about parking "fines" not parking charges issued under an alleged contract.

They have taken the  easy lazy route, and denied the hirer any rights at all just assuming a third party company is in the right. They certainly cannot act in such a way with for example speeding tickets, where they have to follow the correct route. 

1505grandad

Which lease company  -  are they members of the BVRLA?

please_help3

The lease company is called scf contract hire. 

It is in their contract term and conditions that they will pay the fine and add £30 admin charge and then add the full fee to my lease fee. 

I’m not sure there’s anything I can do as the monies already been paid. 

daveyjp

What is the actual contract wording?  

please_help3

I am going to ask the lease company to highlight the exact wording and proof where I have supposedly agreed to these terms. I will let you know once I get a reply 

James_Poisson

What happens if I get a parking fine?

We will pay the fine and recharge you. You will also be charged a £30 fee.

For speeding fines and notifications from the Police, we will transfer the liability to you. The Police will then write to you directly regarding the fine or penalty charge notice. You will be charged a £15 fee.

h**ps://www.santanderconsumer.co.uk/frequently-asked-questions/contract-hire-faq/

Exactly as I said above, I would make a complaint, it isn't a "fine" and I personally wouldn't sign any agreement where they can assume liability for my actions it just isn't right!

There have been instances of criminals sending out fake parking charges and fines in the past even UKPC were impersonated. These amateurs would no doubt just pay those too!