Author Topic: Vehicle is not the same as description  (Read 348 times)

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Vehicle is not the same as description
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Hi all,

I've received a PCN claiming a breach of terms and conditions and that I owe £100.

The reg is correct however the vehicle in the photos does not match the vehicle details listed.

The driver has never been to the alleged location that this contravention occurred and the pictured vehicle is not mine.

The car is a lease and was addressed to them and then forwarded to me. I am the owner.

Can I appeal or do I need authorization from the lease company to respond on their behalf?

Any help is appreciated,

Thanks.

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Re: Vehicle is not the same as description
« Reply #1 on: »
Quote
The car is a lease. [...] I am the owner.
Those 2 statements rather contradict one another. If you own it, then there'd be nobody to lease it from.

If the notice is addressed to the lease company, then it's for them to deal with. You should contact them and point out that the notice they have forwarded onto you contains images of a vehicle that is not the one you are leasing. It's for them to either nominate you as the hirer (at which point you receive your own notice), or to challenge the matter with CEL.

Re: Vehicle is not the same as description
« Reply #2 on: »
It is most likely an ANPR read error. The vehicle in the image is certainly not red! CEL have failed to make the required quality control checks on the image in breach of the PPSCoP section 7.3(d). Therefore they are also in breach the KADOE contract and should be reported to the DVLA.

Your lease company only has to provide CEL with your details as the Hirer and they are then off the hook and liability has been transferred to you. CEL are required to then send you a Notice to Hirer (NtH) in your name. Once you have received that, you can then deal with it.

You can contact your lease company and make sure that they transferred liability as required by PoFA paragraph 13. You may also want to point out to them that, like the scammers at CEL, they failed to notice the discrepancy and, in reality, it is them who should be dealing with this, not you.

All you really need to do, if an NtH is received is to tell CEL about the mistake and refer them to the answer given in Arkell v Pressdram (1971).

Let us know what your lease company say.

ALso, looking at that PCN, is that addressed to you or the lease company? It is not even complaint with PoFA anyway so they cannot hold either the Keeper or the Hirer liable. Only the driver and they have no idea who that is unless the Hirer blabs it.
« Last Edit: July 09, 2025, 11:31:28 am by b789 »
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Vehicle is not the same as description
« Reply #3 on: »
Ideally, the lease company should just deal with it themselves, on the basis that the car pictured is not the car they're leasing out. But of course, these things rarely progress in an ideal manner, so if they won't, as above.