DRP letter sent to LeasePlan

Jimmypen

Apologies in advance, I did read the newbies but can't find advice on how to deal with this case.

I have a company car, leased through LeasePlan and this morning received a notification regarding a PCN (which I was expecting). They have scanned and uploaded the original document. Its not a PCN from APCOA but a debt recovery letter from Debt Recovery Plus advising that as we have ignored the PCN it has now increased to £170.

What am I best to do in this situation? 

I'm thinking of writing to APCOA complaints with this:

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Dear Sir/Madam,

I am writing on behalf of .... regarding Parking Charge Notice........

Our company leases vehicles through LeasePlan, who as the registered keeper, receive and process any original PCNs before notifying us. We have contacted LeasePlan, and they have confirmed that the correspondence they received regarding this matter was the first and only notification — which they then scanned and uploaded to us.

It is important to stress that this notification was addressed to LeasePlan. Had APCOA issued an original PCN to LeasePlan in the proper manner, LeasePlan would have, as they always do, named ..... as the leasee and you would have re-issued the notice directly to us. The fact that the debt recovery letter remains addressed to LeasePlan proves that no such re-issue took place and that ....... could not possibly have received any prior correspondence about this matter.

Despite this, the charge has already been escalated from the original £100 to £170 and passed to a debt collection agency. This is wholly unfair and unreasonable. We have had no correspondence from APCOA and have therefore been denied the opportunity to:

• Review the original allegation.

• Submit an appeal to APCOA.

• Escalate the matter to POPLA if necessary.

This denial of process breaches the BPA Code of Practice and the principles of natural justice. APCOA must at once cease all enforcement activity in relation to this PCN and either:

1. Cancel the PCN in full; or

2. Re-issue the PCN at the original charge amount of £100, with the appropriate appeal process reinstated, including the right to escalate to POPLA.

Unless and until one of the above actions is taken, we do not accept any liability for this alleged debt. If APCOA fails to resolve this matter fairly, we will escalate a formal complaint to the British Parking Association (BPA) for breach of its Code of Practice.

Please confirm within 14 days how you intend to proceed.

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As I said earlier, I was expecting to receive a PCN which I was going to appeal on the basis of the airport byelaws etc, just want to get it back to the point where I can appeal

Gr1pr

Leaseplan should have given the lessee details to Apcoa , so did they   ?

If you have not received an NTH pcn letter in your own name then the matter is between the lease company and Apcoa, you are not currently involved,  so not your problem. Leaseplan can complain because the letters are in their name,  as registered keeper 

Study the following case

https://forums.moneysavingexpert.com/discussion/6588584/minster-baywatch-ltd-meadowhall#latest

Minster Baywatch,  the Ombudsman,  possibly the BVRLA etc

Jimmypen

No, we have received nothing, LeasePlan have charged me us a admin fee for this letter though

Gr1pr

Same as any other case where lease companies and hire companies dont seem to follow the BVRLA memorandum of understanding,  or POFA2012,  but take it out on a hirer lessee 

Its THEIR problem unless they transfer liability,  as you no doubt understood from the linked thread and the advice in the newbies sticky thread,  first post,  at the bottom.  They should not be charging you for letters sent to them from debt collectors,  or for any other business chasing them for money 

Dispute the lease company charge,  double check the lease company agreement with the lessee , like this long saga

https://forums.moneysavingexpert.com/discussion/6548873/two-pcns-paid-for-by-leasing-company-defending-claim-against-g24-for-3rd-pcn-due-to-keying-error/p1

But until Apcoa are writing to you,  it's not your responsibility,  so I suggest that you dont send your draft 

You have not mentioned if Leaseplan have informed Apcoa that you or your company are the lessee, thereby using pofa to transfer liability,  because until they do, it's their problem 

If they are BVRLA members,  eventually you could invoke the dispute procedure

Bear in mind that even after 13 years, most lease and hire companies still dont handle these things properly or correctly,  as seen in numerous threads on here 

Coupon-mad

Jimmypen said:

No, we have received nothing, LeasePlan have charged me us a admin fee for this letter though

Which they will for every letter. DR Plus send several. Once a fortnight or month.

How will you sort this with Leaseplan to stop them charging for each letter? Why not tell them to Transfer liability NOW?

Otherwise this will happen every month.

And escalate your company's complaint to the BPA because it seems there was no PCN.