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Messages - Purplekitty29

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My thoughts..

Thanks for your insight! Very helpful.

I did dispute with Santander with info from Apcoa's website and letter, and Santander did not agree with my complaint. Their latest email is: "I can confirm the information provided by my colleague is correct and that the terms and conditions of your agreement have not been violated. I understand what you have written you believe to be true but I can assure our fine process is lawful."

So I am asking for their final response and then will be making a complaint to BVRLA and FCA (as this directly contradicts their Key Information Summary Sheet, which says liability for fines will be transferred where possible.)

I'm also going to have a go at a complaint to Apcoa, which I should've done already but I was too optimistic about Santander playing ball!

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Yes they are a member of BVRLA

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Wow b789 that’s very unnecessarily rude. I do get it. For starters, I don’t think I ever called it a fine, only a PCN.

HC Anderson asked for the letter the lease company sent, so I merely sent it as I was asked for it.

Additionally, the terms from my lease are included in my original post. I can include them again if it’s helpful.

I merely asked a follow up question confirming I can’t take any follow up action with the parking company, contrary to the lease company’s indication. All that really needed was a “yes you’re right.” But it’s crystal clear now, thanks…

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Thank you both!

@H C, the lease company have sent me a copy of the PCN and informed me that they’ve paid it so will be taking the money from me via direct debit (which is my usual method for the monthly lease fee).

The full text is below if it helps.

Does the fact they’ve paid it mean I cannot appeal? They say I can…

///

We are getting in touch as we have received a Private Parking Charge for the vehicle [reg plate]. This has been paid by us and recharged to you along with our admin fee of £30, in accordance with the terms and conditions of our agreement.

Details are as follows and a copy of the fine can be obtained by using the hyperlink provided below.

Date: 29/07/2024 12:36
Location: Heathrow Terminal Drop Off T5
Reference: XXX
Issuing Authority: Apcoa Parking
Fine value:  £40.00
Administration Fee:  £30.00
 
[Link to Document]

As the fine has now been paid on your behalf, there is nothing for you to do as the fine value and the administration fee will be taken by direct debit. Details are also provided on the invoice that will be sent to you in the post.

Formal grounds on which you may make an appeal are detailed on the notice via the hyperlink above. For your convenience, we have attached a third-party permission letter which you must enclose with any correspondence you send to the Issuing Authority, this will allow the authority to liaise directly with you. Should you be successful, please forward your cancellation notice to us and we will issue a refund to you via the Direct Debit bank details we hold for you on our system.

If your appeal to the Issuing Authority is rejected, depending on the membership of the Issuing Authority; you may be able to take a further appeal to either POPLA or the IAS.

If the Issuing Authority is a member of the “British Parking Association” (BPA) then under the provisions of the BPA you are entitled to make an appeal to POPLA within 28 days of the PCN issue date (https://www.popla.co.uk/). POPLA is an independent service free to all motorists who want to appeal against a Parking Charge Notice.

If the Issuing Authority is a member of the “International Parking Community” (IPC) then under the provisions of the IPC you may be entitled to make an appeal to the Independent Appeals Service (IAS) within 21 days of the PCN issue date (https://www.theias.org/ ). The IAS is Certified Alternative Dispute Resolution provider administered by the IPC.

If you have any further questions, please get in touch using the details below – we would be happy to help.

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Hello! Any help on thid issue would be greatly appreciated - thanks in advance!

My vehicle is leased and today I received a copy of a PCN from the lease company.

They have paid the charge and added a £30 admin fee before contacting me or notifying me in any way of the PCN. Here is a copy of the PCN they forwarded to me (sorry for the bad quality - that’s on the lease company!)

The PCN is for not paying the £5 drop off fee at Heathrow airport. This is done online before or after the visit but the driver did not know this so did not pay. When they left the terminal and did not see any barriers (like at Stansted) they thought this parking charge didn’t apply. The signs are too difficult to read from the car especially at Heathrow, one of the busiest airports in the world, where there is a big queue of cars behind you all waiting to get in - it’s not possible to stop and read the small print of the fine when you drive in. So it wasn’t clear upon entry that payment needed to be made online. The driver said there is no way to pay on site, which is the normal way to pay for parking basically everywhere!

The driver returned the car to my address where the car is kept, a journey of over an hour, but on the way home had to stop on the side of the road multiple times for over 30 minutes for a poorly child. The journey took over 2 hours and was extremely distressing for the driver, so their mind was no longer on the Heathrow drop off charges. Probably not relevant but the driver thought it was worth mentioning as it definitely speaks to their state of mind in line with this Which article with info from a Barrister RE forgetfulness.

In terms of the lease car company, my agreement with them includes these two relevant clauses which I believe allows them to pay these charges and then reimburse them onto me?

5.1.5 pay on time 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. Our costs will be at least £30;

5.1.9 promptly reimburse us for all parking fines and other fixed penalties or charges that we have paid in relation to the vehicle. You will also pay us such sums as we consider reasonable to cover our administration costs connected with these payments. Our costs will be at least £30.


Thank you for any advice!

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