Free Traffic Legal Advice

Live cases legal advice => Private parking tickets => Topic started by: taffer87 on August 08, 2024, 01:59:16 pm

Title: Re: PPS PCN invoice - paid already by VWFS - what to do/help neeeded
Post by: b789 on August 08, 2024, 02:27:00 pm

They have breached the terms of your agreement. You must tell your bank or card company to refund the money as you are in dispute.

What VWFS have done is paid a speculative invoice from an unregulated private parking company. No "fine", "penalty" of "offence" has happened.

All they had to do was follow the advice on the Notice to Keeper (NtK) they received and transfer liability to you, the Hirer, after which the PPC would have issued a Notice to Hirer (NtH) and you could have appealed it and easily won because the PPC will have failed to fully comply with all the requirements of PoFA and so, only the driver would have been liable. As the Hirer, you could have simply declined to identify the driver as there is no legal obligation to so so to an unregulated private parking company.

If your bank/card company do not chargeback the funds to your account, you will have to sue VWFS for the money.

Title: PPS PCN invoice - paid already by VWFS - what to do/help neeeded
Post by: taffer87 on August 08, 2024, 01:59:16 pm

Hi all

I received a letter on 8 August (today) from VWFS dated 7 August (yesterday) saying they have paid a PCN invoice from PPS station some bogus reasons. I immediately emailed VWFS not to pay. I then tried to check online to see if I can appeal but it doesn't let me as says payment has been received. If they had not paid I would have done a transfer of liability request or worse case named the driver. The car is used by multiple people.

Normally VWFS give 28 days to appeal and only pay if it hasn't been appealed but on this occasion they have done something bizarre and paid instantly.

I will really appreciate advice on how to take it further with lease company. I assume writing to PPS is futile since they have received the money.

The relevant VWFS letter, third party authorisation letter and the PPS PCN invoice is here.

It also seems they have not followed what they say will happen to fines in the FAQ on their website https://customer.vwfs.co.uk/existing-customers/During-your-agreement.html

(https://i.ibb.co/xFLkqGP/PPS-PCN-invoic-front-page.png) (https://ibb.co/bbm05Lq)
(https://i.ibb.co/VqcdNfh/VWFS-letter-to-me-hirer.png) (https://ibb.co/G54XJz1)
(https://i.ibb.co/rffmBQP/PPS-third-party-authorisation-letter.png) (https://ibb.co/3YY7xTX)
(https://i.ibb.co/RB6WSGn/PPS-PCN-invoice-back-page.png) (https://ibb.co/dLpycs9)
(https://i.ibb.co/72RjHQt/VWFS-website-FAQ.png) (https://ibb.co/cDCkPwh)

My car Hire agreement is here

(https://i.ibb.co/tMTY4ct/lease-agreement-1-of-3.jpg) (https://ibb.co/bgMNPLZ)
(https://i.ibb.co/smgsTM4/lease-agreement-2-of-3.jpg) (https://ibb.co/C1wVjTy)
(https://i.ibb.co/qm01Bsz/lease-agreement-3-of-3-jpg.jpg) (https://ibb.co/5sYcT8d)