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PCN from Civil Enforcement - lease car
mcaf123
post Tue, 20 Feb 2018 - 21:44
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Hi all. Looking for some advice please.....
I got a parking charge notice in the post today for not entering the reg number on the touch screen inside a doctor’s surgery which has been issued by Civil Enforcement.
The incident happened on 5/12/17 with the PCN being issued on the 9/2/18. The Driver was in the surgery for an appointment (they have checked their calendar), so proof from the doctors is possible, if necessary. The PCN was sent to The Keeper, which is a leasing company and they have forwarded it onto me to sort out and the car was returned to the leasing company a week after the incident. The leasing company have stamped the letter as being received/actioned on the 13/2/18, but the envelope says they posted it on the 19th so it’s been sat on their desk for 6 days! The covering letter they sent me is dated 17/2/18.

I understand lease cases are different? If CEL sent the NtK to the leasing company well after the 14 days period as mentioned in POFA, does that mean they cannot come after me as the actual keeper of the car (not The Driver)? I obviously don't want to not do anything as the leasing company will pay it on my behalf if they get another letter from CEL and they will pass that cost onto me, no doubt with extortionate admin fees.

Any advice would be much appreciated!





This post has been edited by mcaf123: Tue, 20 Feb 2018 - 22:08
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post Tue, 20 Feb 2018 - 21:44
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mcaf123
post Mon, 26 Feb 2018 - 12:17
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Look what just came in the post!


Thanks for all your help and advice guys!
I can't see how I'm going to get out of the £10 admin fee, unless anyone has any ideas?
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ManxRed
post Mon, 26 Feb 2018 - 12:18
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QUOTE (mcaf123 @ Mon, 26 Feb 2018 - 12:17) *
I can't see how I'm going to get out of the £10 admin fee, unless anyone has any ideas?


What's the exact wording in the Hire Agreement relating to Admin Charges/Parking tickets?


--------------------
Sometimes I use big words I don't understand in an effort to make myself sound more photosynthesis.
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mcaf123
post Mon, 26 Feb 2018 - 12:30
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QUOTE (ManxRed @ Mon, 26 Feb 2018 - 12:18) *
QUOTE (mcaf123 @ Mon, 26 Feb 2018 - 12:17) *
I can't see how I'm going to get out of the £10 admin fee, unless anyone has any ideas?


What's the exact wording in the Hire Agreement relating to Admin Charges/Parking tickets?

This is all I can find on that point....

"8. STATUTORY REQUIREMENTS
(a) You agree that at all times the Vehicle shall only be driven by you or other persons
permitted by holding a valid and current driving license in the appropriate classes.
(b) You will pay to us any charges penalties or fines under the Road Traffic Act 1974 or
any similar Act for which a Summons (or that which supersedes it) may be made against
the Vehicle or us in respect of a fixed penalty notice or an excess charge or any other
breach of the Law arising out of use of the Vehicle during the Term. In the event we are
required for whatever reason to pay such charges fines or penalties then you shall on
demand reimburse us for all such amounts together with a reasonable administration
charge which we will tell you from time to time
."
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Redivi
post Mon, 26 Feb 2018 - 12:41
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I can't see how I'm going to get out of the £10 admin fee, unless anyone has any ideas?

So more than five years after POFA was introduced, Lex still hasn't updated its terms and conditions to include private parking notices
As the situation stands, the company is liable for their payment and can't pass it on to the Hirer

It reflects on the incompetence of the BVRLA
It lobbied for POFA but hasn't issued model T&C for its members to use in contracts

A few thoughts that spring to mind

1 Could ignore Lex that is unlikely to issue a court claim for £10
2 Could tell Lex that ytheir T&C don't include private parking notices
3 Could tell Lex that you're not going to pay £10 for their incompetent administration that does not understand POFA
3 Could tell Lex that as CEL immediately cancelled the parking notice, it was also obviously issued incorrectly and they failed to inspect it
4 Could offer to refer the £10 to the BVRLA dispute procedure - that's free to the consumer and will cost them more than they're asking for

£10 is a reasonable sum for the administration if it's performed correctly
Most lease/hire companies charge £36-£40 and I've seen one that charges £72

This post has been edited by Redivi: Mon, 26 Feb 2018 - 12:45
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mcaf123
post Mon, 26 Feb 2018 - 12:47
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QUOTE (Redivi @ Mon, 26 Feb 2018 - 12:41) *
I can't see how I'm going to get out of the £10 admin fee, unless anyone has any ideas?

A few thoughts that spring to mind

1 Could ignore Lex that is unlikely to issue a court claim for £10
2 Could tell Lex that you're not going to pay £10 for their incompetent administration that does not understand POFA
3 Could tell Lex that as CEL immediately cancelled the parking notice, it was also obviously issued incorrectly and they failed to inspect it
4 Could offer to refer the £10 to the BVRLA dispute procedure - that's free to the consumer and will cost them more than they're asking for

£10 is a reasonable sum for the administration if it's performed correctly
Most lease/hire companies charge £36-£40 and I've seen one that charges £72


I fully agree that £10 is an extremely reasonable fee, as I mentioned above.
I had replied to them saying the following shortly before your comments, so glad I'm thinking along the same lines as you!

I received your invoice for the £10 admin fee. I'm not really comfortable having to pay an admin fee for the following reasons:
1) The PCN should never have been issued in the first place by CEL, as it was well over the 14 day notice period from the date of incident. I appealed to them last week and they sent me the attached cancellation letter.
2) Your team should ideally have noted the fact that the issue date was over this 14 day period and should have ignored it, or could have dropped me a quick email or phone call.
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ostell
post Mon, 26 Feb 2018 - 12:51
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And it should be pointed out that their T&Cs only makes mention of Fines and Penalties and this was not one of those, merely a speculative invoice, incorrectly issued.
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mcaf123
post Mon, 26 Feb 2018 - 12:55
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QUOTE (ostell @ Mon, 26 Feb 2018 - 12:51) *
And it should be pointed out that their T&Cs only makes mention of Fines and Penalties and this was not one of those, merely a speculative invoice, incorrectly issued.

Yup - I will be sure to point that out if they respond negatively. biggrin.gif
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mcaf123
post Tue, 27 Feb 2018 - 16:08
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Lex have wiped the £10 admin fee. I'm fully cleared now biggrin.gif

Thanks again for everyone's assistance and advice!

This post has been edited by mcaf123: Tue, 27 Feb 2018 - 16:36
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