Free Traffic Legal Advice

@bigred247 is the penalty was paid without your consent then the lease company is in breach of various provisions of the Consumer Rights Act 2015, and the case can be fought on that basis (against the lease company, not against the council).

Whether you are willing to fight that fight is another matter, to date we have not come across anyone willing to take on their leasing company.

I don't have the appetite to fight the leasing company but are there provisions I can take to avoid a similar scenario in future? Have they likely acted in this way because it was a bus lane incident?

Quote from: bigred247 on May 20, 2024, 09:58:23 am

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.

So is it worth a punt reaching out to Arval and seeking approval to make representations?

I wrote the below email to the folks that manage the fines:

Dear Hyundai Customer Service,

RE: Request for Handling Future Penalty Charge Notices and Letter of Authority

I hope this message finds you well.

I am writing to seek your assistance regarding the handling of penalty charge notices (PCNs) related to my leased vehicle. Recently, I received a penalty notice for a bus lane violation which was directly paid by the leasing company. This has raised some concerns for me, and I would like to explore potential measures to better manage such situations in the future.

In light of the recent incident, I kindly request that Hyundai consider the following:

1. Non-Payment of Future Penalties: Please refrain from automatically paying any future PCNs, including but not limited to bus lane penalties, on my behalf. Instead, I would appreciate it if you could notify me immediately upon receiving any such notices.

2. Letter of Authority for Appeals: I would also like to request a letter of authority from Hyundai. This letter would authorize me to appeal any PCNs directly on your behalf, thus allowing me to manage the appeals process personally.

I understand that Hyundai manages numerous leasing agreements, and such requests might be uncommon. However, given the recurring nature of PCNs and my intention to handle them proactively, your cooperation in this matter would be greatly appreciated.

Please let me know if there are any forms or additional information required to facilitate these changes. I am more than willing to comply with any necessary procedures to ensure that this arrangement is formalized.

Thank you for your attention to this matter. I look forward to your positive response and continued support.

Best regards,


xxxx xxxxxxx
Customer Account Number: xxxxx
Vehicle Reg: VO23UCC

This is the content of the 'letter of authority' they supplied. It was on letter headed paper with their logo, address etc.

06/06/2024

Registration: VO23UCC

Dear Sir/Madam,

Arval UK Limited is a vehicle leasing company and the registered keeper
of the above vehicle, a HYUNDAI SANTA FE ESTATE (2021). Please be
advised that we, the registered keepers of this vehicle, grant permission
for you to correspond directly with Xxxxx Xxxxxx on ANY FINES so that
they may make representations. Our customers address is –

121 Some Avenue
Some City
RM7 123

Lease Dates – 12-JUN-2023 to 11-JUN-2026

Please take this letter as authorisation. If you require anything else,
please contact us at the address on the top right of this letter and/or at
fines.team@arval.co.uk.

Yours faithfully,

Xxxxx Xxxxxxx
Fines Team
Arval (UK) Ltd

Their explanation regarding bus lanes ties in with my point in an earlier post about mitigating losses in that as an Enforcement Notice does not prima facie offer a discount but is for the full penalty then they see their actions in paying the discounted charge as being rational and at least cost to their customer.

However, I think they've got themselves mixed up as between private and public PCNs because the latter need only the following to be established and produced in evidence in support of reps to the effect that the registered keeper is a hire company:


4(d)the recipient is a vehicle-hire firm and—

(i)the vehicle in question was at the material time hired from that firm under a hiring agreement, and

(ii)the person hiring it had signed a statement of liability acknowledging their liability in respect of any penalty charge notice served in respect of any relevant road traffic contravention involving the vehicle during the currency of the hiring agreement;


(7) Where a recipient relies on the ground specified in paragraph (4)(d), their representations must state the name and address of the person to whom the vehicle was hired at the material time.

whereas for a private PCN, the hurdles are greater:

(a)a statement signed by or on behalf of the vehicle-hire firm to the effect that at the material time the vehicle was hired to a named person under a hire agreement;

(b)a copy of the hire agreement; and

(c)a copy of a statement of liability signed by the hirer under that hire agreement.


Note 'copy of the hire agreement'.

In practice, however, these companies accept proof less than a copy of the full hire agreement.