Parking Charge Notice Lease Car

Coupon-mad

However, I would send your evidence (everything you have received and tried to do) to the Competition and Markets Authority - now, this week - and ask them to investigate the British Parking Association ('BPA') AOS member parking firm Minster Baywatch for unlawful and disingenuous refusal to accept POFA Schedule 4 transfers of liability from a lease firm.

Which has had the effect on the consumer (you) in this case, that you were blocked from your right to appeal or pay the PCN at the discount and instead, Minster Baywatch pressurised the lease firm who caved in and paid the charge at £100 and charged you an admin fee.

No appeal is now possible. All because the parking operator refused to 'accept' a normal (POFA Schedule 4) transfer of liability. They cannot refuse but they did and they know that lease/rental firms will panic and pay upon receiving a follow up demand, which is not allowed in POFA sch4.

The lease firm fulfilled what has been agreed for years between the BPA and the British Vehicle Rental and Leasing Association (BVRLA)  in a Memorandum of Understanding ('MoU').

The BPA and BVRLA have, for many years, used a MoU as a data-sharing/transfer agreement, to streamline the process of transferring liability for Parking Charge Notices. When a rented or leased vehicle receives a PCN on private land, the MoU allows the BVRLA member to quickly pass the hirer’s information to BPA-approved operators, shifting the liability from the leasing company to the vehicle hirer/lessee.

The agreement standardises the paperwork, allowing rental and leasing companies to smoothly transfer liability, so that the hirer/lessee may appeal or pay.

The Joint Private Parking CoP - soon to be replaced by a proper regulated Code - states (my bold):- "8.4.3. Parking operators must provide a process for rental and leasing companies to transfer liability".

The MHCLG's new incoming statutory CoP covers this too, but it is nothing new.

The BVRLA  issued a document dated 2.7.2024 titled:-


Shifting liability added to Private Parking Code of Practice

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




"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."

Coupon-mad

Tell the CMA all of the above.

Read the news articles about the CMA from this week to understand why this is important.

1505grandad

"Shifting liability added to Private Parking Code of Practice

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

Unfortunately that link now takes you to:-

"Page not found

The page you are looking for doesn't exist, please head back to the home page."

Wonder why the BVRLA have removed that statement - but at least they made the stated assurance via para 8.4.3 in the p*ssCoP.

Coupon-mad

It worked yesterday…!

Can anyone find it using the Wayback thingy?

1505grandad

Back in November 2025 via WBM:-

https://web.archive.org/web/20251008000346/https://www.bvrla.co.uk/resource/shifting-liability-added-to-private-parking-code-of-practice.html

woodcat

Thank you everyone for your help, I will try these things.

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/82078341#Comment_82078341

Please do the CMA complaint. Don't dismiss it as too hard. Your case is important and could see Minster Baywatch fined

Please Google to read about the CMA's open letter to the parking industry last week.

Read the news about it. You'll see it is very relevant to you!

Make a difference. It needs just one email.

Points for you to ask the CMA to investigate:

• The lease firm fulfilled what has been agreed for many years between the BPA and the British Vehicle Rental and Leasing Association (BVRLA)  in a Memorandum of Understanding ('MoU'). This ensures that lease firms have a simple mechanism to transfer liability as is enshrined in Sch4 of the POFA 2012.
• The MoU is in effect a data-sharing/transfer agreement, to streamline the process of transferring liability for Parking Charge Notices. When a rented or leased vehicle receives a PCN on private land, the MoU is supposed to allow the BVRLA member to quickly pass the hirer’s information to BPA-approved operators, shifting the liability from the leasing company to the vehicle hirer/lessee.
• The agreement standardises the paperwork, allowing rental and leasing companies to smoothly transfer liability, so that the hirer/lessee may be served with a PCN in a timely manner and can decide whether to appeal or pay, or opt to fight an unfair PCN in court.
• This was confirmed again by the BVRLA in 2024 with the advent of the industry's self-serving (heavily altered in their members' favour with over 30 changes that ensured higher PCN volumes, riding roughshod over the rights & interests of motorists) Joint Code of Practice

https://web.archive.org/web/20251008000346/https://www.bvrla.co.uk/resource/shifting-liability-added-to-private-parking-code-of-practice.html

• The Joint Private Parking CoP - soon to be replaced by a proper regulated Code - states (my bold):- "8.4.3. Parking operators mustprovide a process for rental and leasing companies to transfer liability".
• British Parking Association ('BPA') AOS member parking firm Minster Baywatch should be investigated for this unlawful and disingenuous refusal to accept POFA Schedule 4 transfers of liability from a lease firm.
• In this case their refusal has had the effect on the consumer that they were blocked from their right to appeal or pay the PCN at the discount or opt to see them in court, as many motorists are happy to do.
• Instead, Minster Baywatch refused and pressurised the lease firm who caved in and paid the charge at £100 and charged an admin fee on top.
• No appeal is now possible.
• All because the parking operator refused to 'accept' a normal (POFA Schedule 4) transfer of liability. They cannot refuse but they did and they know that lease/rental firms will panic and pay upon receiving a follow up demand, which is not allowed in POFA sch4
• They took the money from the lease firm - against the MoU - under what looks like false pretences and blocked any appeal.
• This conduct caused detriment and loss to the motorist, breaching the operator's legal consumer duty to hold the interests of consumers at the heart of their thinking.
• This looks like a misleading action, contrary to the doctrines of open dealing and good faith.
• The CMA should not have set such store in the self-serving appeals services or the Trade Bodies, nor encouraged scam victims to pay up. The truth is, good people are being duped and blocked from appealing and should never be urged by the CMA to pay a typical 'scam' invoice from this rogue sector.
• Please investigate Minster Baywatch for this alleged rogue conduct.

Please, could you kindly take the time this coming week to read the news about the above and then email the CMA with your summary of issues and evidence?

It's easy! You can use my bullet point list above, word for word. Those are the points to raise.

CMA Contact emails below (use both, the first one goes directly to their parking investigation) :

• parking@cma.gov.uk
• general.enquiries@cma.gov.uk