Regarding the original post about the GSX PCN, your first action must be to inform HCF of their breach of the Hire Agreement and that you are not liable for their incompetence. I suggest the following letter to HCF and then see what response you get:
Hyundai Finance Contract Hire
Number One
Great Exhibition Way
Kirkstall Forge
Leeds
LS5 3BF.
By email to: contactus@hyundaifinancecontracthire.co.uk
[Date]
Subject: Unauthorised Payment of Private Parking Charge Notice (PCN) and Breach of Consumer Rights
Dear Sir/Madam,
I am writing to express my utter dismay and disappointment regarding your recent decision to pay a Parking Charge Notice (PCN) issued by GXS Services Ltd, an unregulated private parking company, on my behalf, without prior consultation or authorisation. Your actions in this matter demonstrate a fundamental misunderstanding of the nature of private parking charges and a glaring failure to follow a proper process as outlined in both your own policies and the Hire Agreement.
The charge in question is a Parking Charge Notice (PCN) issued as a postal Notice to Keeper (NtK), not a statutory "fine" or traffic "offence". It is a civil matter, issued by an unregulated private company under contract law, and as such, it was neither your responsibility nor within your authority to pay it on my behalf without first transferring liability to me as the Hirer. The correct procedure would have been to transfer liability to the Hirer, as allowed under Schedule 4 of the Protection of Freedoms Act 2012 (PoFA). The NtK even explains how to do this if the vehicle is hired under an agreement. Instead, HCF chose to pay the charge outright and then invoice me for it, along with an arbitrary administration fee of £30.
Your own policy document states:
"All traffic offences and fines are your responsibility and should be paid immediately. If you fail to pay any fines, Hyundai Finance Contract Hire may pay them on your behalf and recharge you along with an administration charge. Where possible we will transfer liability for any fines or penalties direct to you."
Private parking charges do not fall under the definition of traffic offences or fines. They are not issued by an authority, and they carry no legal standing as penalties. Your failure to distinguish between statutory fines and civil parking charges is a glaring oversight, one that has caused unnecessary financial and procedural complications.
Furthermore, your own Hire Agreement states under Clause 5.1.5 that I am responsible for paying:
"...all licence fees, charges (including congestion charges, tolls etc), taxes and other sums due relating to the vehicle or its use. We may pay the amount of such charges for you. You will then repay that amount to us on demand together with such sum as we consider reasonable to cover our administration costs connected with the charge."
The ambiguity of the term "charges" notwithstanding, it is clear from the context that the clause refers to statutory charges and sums due to public authorities (such as congestion charges and tolls), not civil invoices from private companies. Applying this clause to a private parking charge demonstrates a lack of comprehension of its intended scope.
Had you followed the correct process and transferred liability to the Hirer, this matter would have ended there, as your involvement would no longer have been necessary. Your decision to bypass this straightforward solution and instead pay the charge unilaterally is both senseless and unjustifiable.
Moreover, your actions deprived me of the opportunity to challenge the PCN through the appropriate channels. Unregulated private parking companies frequently issue charges that are unenforceable, based on unclear or inadequate signage, or issued in error. By paying the charge without my consent, you have denied me the right to appeal, thereby undermining my consumer rights and exposing me to a financial burden that I may not have been liable for had I been given the opportunity to contest the charge.
I do not accept liability for your mishandling of this matter. Your unilateral payment of the charge constitutes a breach of both the Hire Agreement and your obligations under the Consumer Rights Act 2015. Specifically:
1. Unfair Terms: The terms of the Hire Agreement are ambiguous and do not clearly give you the right to pay private parking charges without consultation.
2. Failure to Provide Adequate Notice: You failed to inform me of the PCN in a timely manner, denying me the right to challenge or mitigate the alleged contravention.
3. Unjust Enrichment: By charging me an administration fee for your own procedural failings, you have sought to profit from your mistake.
If you proceed with debiting my account for this unauthorised payment and administration fee, I will have no hesitation in taking further action to recover the funds and seek compensation for your procedural failings. This may include lodging a formal complaint with relevant consumer bodies, such as the Financial Conduct Authority (FCA) and the British Vehicle Rental and Leasing Association (BVRLA), and pursuing legal action if necessary.
To rectify this situation, I demand the following:
1. Immediate cancellation of any charges related to this PCN, including the administration fee.
2. Confirmation that you will transfer liability for any future PCNs to the Hirer, as per your stated policy.
3. Assurance that you will review your procedures to prevent such mishandling from occurring again.
I expect a written response within 14 days of the date of this letter. Failure to respond satisfactorily will result in further action.
Yours faithfully,
[Your Name]
I suggest starting a separate thread about the NCP PCN at Gatwick.