Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: cyril on October 27, 2023, 07:10:42 pm
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Yes he has done that so many times, but now he lease his car from the finance company and if he does not pay then the finance company pays, as they get the PCN back to them.
so then they invoice the driver and he has lost out. If he had his own car in his own name, then he would not be in this situation.
He has received quite a few private parking charge notice and also his family member and they just tend to ignore the Private parking charge notice.
They usually come to me, but i tell them to upload your PCN and take advice from the forum and take it from there, as you never know it may backfire on you.
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I'm still not clear what exactly has happened here...
You say this colleague normally bins private parking charges (a poor idea), did he receive any notice himself, and did he ignore it?
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They are Parking charge notice from the private company, usually he ignores them and puts them in the bin.
Due to his car is leased from VWFS they end up paying the private parking charge fine/invoice, as the parking charge private company send the letter back to them and they end up paying for it and then VWFS invoiced the Lease holder who has leased the car from VWFS.
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So you don't end up paying fine, if you decide to ignore private parking fines.
They aren't fines. I'm not sure what your question is here (if indeed it is a question)? The only way you can be 'forced' to pay a parking charge is if a court orders you to do so.
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Thank you for your reply.
I have told him to check his contract and check the terms and condition from VWFS.
So you don't end up paying fine, if you decide to ignore private parking fines.
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Ideally, if your colleague would like support they could post here themselves - there's always a risk that we're playing Chinese whispers when supporting someone who is in turn supporting a third party.
If Volkswagen Financial Services wish to remove liability from themselves, all they need to do is comply with the relevant sections of Schedule 4 of the Protection of Freedoms Act 2012, namely providing the documents required to Civil Enforcement Limited. Your colleague could remind them of this.
He should check the wording of his lease, but I'd be surprised if it allowed them to recover a charge from him that was issued to them, that they could have transferred to him but failed to do so, and they then voluntarily paid.
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Hi Guys,
Has the Law changed , as my work colleague has leased a car from Volkswagen Financial services and they told him if he does not pay then the liable will be registered keeper can be held liable for these charges if the driver do not take no action.
In the event of receive a second notification from the private parking operator for the same offence we will pay the outstanding amount and recharge the driver. This is set out on their terms and condition.
This is what i wrote to them.
Dear Fleet Fines,
I would like to bring it to your attention regarding any fines received from Private parking firms, then you need to transfer all liability to the driver or the person who is leasing the cars from you, so for example I am leasing the car from you guys then you transfer the liability to myself.
If the private parking firms come back to you for the payment, which has not been paid by the driver or lease holder then it is not your responsibility or your liability to pay, as you have given the driver or lease holder detail and it is the responsibility.
I have leased few cars from you guys, so all cars at my address you need to confirm all Liability to be transferred to the driver or the person who is leasing the car.
See below statement
Leaseholder should not just forward THEIR ntk pcn to the hirer
They should ALSO name the hirer to the parking company and ALSO fulfil the terms and conditions of POFA 2012 too, until they actually do this step, only they have possible liability in law
Once the Private parking company has the hirer or lessee details, they should then cancel the NTK PCN and issue an NTH pcn direct to the hirer or lessee, along with copies of the hire or lease documents as compliant with pofa ( they often fail to understand or do this.)
Once the hirer has an NTH pcn in their OWN NAME, with their own address on it. ( or a suitable address for the service of papers.) they appeal that NTH pcn as hirer, without divulging or inferring who was driving ( it's been this way for over a decade, yet few comply.)
The hirer should not be doing anything with the forwarded ntk pcn, other than noting it's contents, and awaiting an NTH pcn to arrive later, because once their own details are on it, they deal with it, not before, especially not when their details are not on an invoice
You wouldn't pay for my car service and mot invoice, if its in my name, it's mine to deal with, same as my energy bill.
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