Free Traffic Legal Advice

Hi folks,
I just received an email from my car leasing company informing me they paid for a PCN against my leased vehicle. They did not inform me beforehand, thus not allowing me to challenge it. Previously, they supplied my details to the council and a new fine was issued to me directly which was challenged successfully.

1. Can this PCN still be challenged and how?
2. Any best practices to avoid a repeat? Should I contact the lease company, requesting they not pay fines and instead supply my details to the council in future (this doesn't discount human error)?

You can find the PCN here:

https://drive.google.com/file/d/1ySoRRIBp28cqPldawX3d9sJm8K6cI6J4/view?usp=sharing

Any advice will be greatly appreciated.

This is what i found in relation to the fines in the agreement:


Key Information
Current Charges (including VAT where appropriate)

• Administration Fee for processing Fines or Penalties: £15 (clause 4(a)(viii) - Your Obligations)


(viii) pay all fees, fines (including speeding, parking and traffic congestion charges), penalties and other sums and meet all liabilities arising from Your possession and/or use of the Vehicle. We will charge You an Administration Fee for processing Fines or Penalties of £15 (inc. VAT) for each demand which is sent to Us. We may pay any fees, fines and penalties payable by You that We receive and recharge these to You together with the Administration Fee. If the fees, fines or penalties are later successfully challenged, You agree to repay Us any sums We have paid and You agree the Administration Fee will not be refunded. For a list of items under this clause 4(a)(viii) which We have to pay and will recharge You, please see or request Our Frequently Asked Questions; and

(ix) pay to Us the Cherished Plate Fee of £24 (inc. VAT) if You want to allocate a cherished plate to the Vehicle. You will also pay any DVLA charges in relation to the allocation of a cherished plate.

I would like to see all the paperwork.

I would like to see all the paperwork.

@Hippocrates, I've shared the contract on google drive for your reference.

https://drive.google.com/file/d/1QW3_m7NUnQ0vxZm-NDScJdOAmW7P_M_q/view?usp=sharing

I didn't think a London Bus Lane PCN could be transferred.

Whether or not that clause allows them to simply pay and the hirer lose the right to make a 3rd party representation would be enforceable is a different matter.

How can I determine whether I have lost the right to contest in this case?

Standing aside from your contractual issue with Arvalfor a moment, why do you think that you could successfully appeal against the PCN?

Could this be challenged based on de minimis? I was switching to the left lane to exit at the roundabout after dropping my son off at school, but began the manoeuvre a bit early it seems.

How can I determine whether I have lost the right to contest in this case?

You never had the right.

It is the registered keeper that has that right. You can ask arval nicely for authorisation to make representation on their behalf.

If they do you make a representation.

Of course the authority have no obligation to consider it in any way since it has been paid and case closed.

There was a similar case recently, I think @cp8759 offered to act as a Mackenzie friend should a contractual dispute be raised.

I didn't believe it was possible for a hire company to appeal a bus lane enforcement notice on the grounds of being a hire company, but in any case the enforcement notice shouldn't happen.

Let's break this down.

The issue relates to contract law, not statute i.e. LLA 2003.

So, what would be your losses? Your contract states that Arval charge a non-refundable sum just to process a penalty. So that's lost.

So, you'd be arguing that your loss would be what, the penalty which they paid?

IMO, even assuming you had a cat in hell's chance anyway, you've not seen the video and have no idea whether you could have successfully resisted the council's claim to a penalty charge anyway which IMO is a pre-requisite hurdle for you to negotiate.