Parking Eye PCN - Lease company paid the fee

FreeworldImpossible

Hi, on Friday I was at a family members' party at a hotel, Wednesday this week I get an email from my lease company saying I got a charge notice and they paid it. The email says if I dispute the charge and win, I should tell the lease company and they'll refund me the charge. I presume they're going to direct debit my bank the £60 cost.

In PE charge notice though, it says I can't appeal if I've paid the fee. So does that mean I have no recourse?

Half_way

what are the exact works that they used to describe it? 

kryten3000

Do a charge back the £60 from the lease company as an unauthorised payment. This is not a traffic offence.

The lease company should have discharged their liability by naming you as the hirer and providing them a copy of the hire agreement and waiver document signed by the hirer. By paying they have prevented you from making any representation or appeal because Parkingeye and all the other companies choose to regard payment as admission of liability. Refunds are hard. 

You could try the hotel management as they should have the power to get the charge cancelled.

FreeworldImpossible

Half_way said:

what are the exact works that they used to describe it? 

"All appeals must be submitted in writing online or alternatively by post to the address listed below. Appeals should be submitted within 28 days of the delivery of the Parking Charge and whilst under assessment, the value of the charge will not increase. You will be unable to appeal if the charge has already been paid. Supporting evidence should be attached to assist with an appeal."

I phoned the hotel yesterday and they said they'd request it be cancelled, but it wasn't until I read the lease company email properly I realised they've paid it. 

FreeworldImpossible

kryten3000 said:

Do a charge back the £60 from the lease company as an unauthorised payment. This is not a traffic offence.

The lease company should have discharged their liability by naming you as the hirer and providing them a copy of the hire agreement and waiver document signed by the hirer. By paying they have prevented you from making any representation or appeal because Parkingeye and all the other companies choose to regard payment as admission of liability. Refunds are hard. 

You could try the hotel management as they should have the power to get the charge cancelled.

They've included a third party authorisation letter in the email, to PE, telling them the person named above should be contacted over the fee. The nominated person though, is my company name and corporate address. 

Hotel were requesting it be cancelled.

FreeworldImpossible

Oh well, looks like I'm stuck with it. Found this is company policy for lease car. 
"Fines for Penalty Charge Notices (PCNs such as Bus Lane, Parking, Congestion Charge contraventions) will be paid upon receipt. The cost of the fine, plus a £25 administration fee, will be deducted from your net pay in the month following receipt of the fine. Please be aware, you will be responsible for the fine and as such you are unable to dispute this."

Does that last line effectively say that I just have to accept whatever is sent to them? 

Half_way

FreeworldImpossible said:

Oh well, looks like I'm stuck with it. Found this is company policy for lease car. 
"Fines for Penalty Charge Notices (PCNs such as Bus Lane, Parking, Congestion Charge contraventions) will be paid upon receipt. The cost of the fine, plus a £25 administration fee, will be deducted from your net pay in the month following receipt of the fine. Please be aware, you will be responsible for the fine and as such you are unable to dispute this."

Does that last line effectively say that I just have to accept whatever is sent to them? 

You have missed one big thing:

No fine has been issued, and no penalty charge has been issued.

While it may seem pedantic, its critical that you use and understand the correct terms for what you are dealing with.

 A parking charge notice from an unregulated so called parking company does not fall within the definitions you have posted.

 There could potentially be issues with the consumer rights act at play in those terms as well

FreeworldImpossible

Half_way said:

FreeworldImpossible said:

Oh well, looks like I'm stuck with it. Found this is company policy for lease car. 
"Fines for Penalty Charge Notices (PCNs such as Bus Lane, Parking, Congestion Charge contraventions) will be paid upon receipt. The cost of the fine, plus a £25 administration fee, will be deducted from your net pay in the month following receipt of the fine. Please be aware, you will be responsible for the fine and as such you are unable to dispute this."

Does that last line effectively say that I just have to accept whatever is sent to them? 

You have missed one big thing:

No fine has been issued, and no penalty charge has been issued.

While it may seem pedantic, its critical that you use and understand the correct terms for what you are dealing with.

 A parking charge notice from an unregulated so called parking company does not fall within the definitions you have posted.

 There could potentially be issues with the consumer rights act at play in those terms as well

Ah, this is a good point. I've emailed the lease company to ask what they have done. 

Half_way

what have you said to them?

As mentioned do not call this a fine or a penalty, and make sure you preface any mention of the parking company as being un regulated

kryten3000

There's a reason why Parking Charge Notices (PCN) have the same acronym as Penalty Charge Notices (PCN) - to confuse and give an air of authority. 

All part of the outrageous scam.

The long-delayed Statutory Code of Practice will require the name to be changed to Notice of Parking Charge (NPC).  Not to be confused with National Car Parks (NCP), but still an improvement.

I would never agree to the terms of the company policy, they're removing any possibility of you being able to dispute or appeal any charge, penalty or otherwise.  Councils get it wrong too.

FreeworldImpossible

Half_way said:

what have you said to them?

As mentioned do not call this a fine or a penalty, and make sure you preface any mention of the parking company as being un regulated

I asked if they can confirm if they paid the charge notice as the appeals section says if it's paid I can't appeal it.