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Leased Car - I was invoiced for PCN by hire co with no opportunity to appeal
loopylulu
post Sat, 28 Nov 2020 - 14:58
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Im a newbie here so apologies in advance if i have posted incorrectly (i have read through the FAQs though)

I am hoping someone might be able to point me in the right direction of an email template to send to the hire company as the pcn was paid by the hire company.

A PCN was issued on 22/09/20 by hammersmith and fulham council by remote camera (no printed ticket placed on car) to my lease hire company.

Hire company issued an invoice to me on 31/10/20 for the PCN. I was never sent any other communication by Hammersmith and Fulham or the lease hire company giving me opportunity to appeal.

I sent email to lease hire company requesting evidence 31/10/20. they replied by 18/11/20 with copy of the pcn but it was too late to appeal directly to the council as it had been paid. This year Hammersmith and Fulham introduced restricted zones. i was doing some work for a customer and had to visit the customer within the restricted zone. The signs are not straight forward and suggest you can enter for access only, nothing to say you need to register before entering. its a minefield!
https://www.lbhf.gov.uk/transport-and-roads...eduction-scheme

I'm no expert but it just seems so wrong that i have to pay for a pcn which i believe has been wrongly issued and have no way to appeal.

Is there a template i can use to send to the lease hire company to demand refund or at least allow the appeal to proceed.
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post Sat, 28 Nov 2020 - 14:58
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PASTMYBEST
post Sat, 28 Nov 2020 - 15:24
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Depends on your lease, if the terms are that they will pay then they may if not you might have a ground for compliant


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loopylulu
post Mon, 30 Nov 2020 - 12:08
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Nothing in the terms that i can see. Even if it was in the terms it sounds so wrong to pay the pcn without any opportunity for the driver to challenge the pcn first. They paid the PCN before notifying me!

I would have thought there is industry/govt guidance? or perhaps law relating to this?

any help much appreciated.
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stamfordman
post Mon, 30 Nov 2020 - 12:19
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The lease company is the registered keeper and is liable for the PCN. They are entitled to do what they want with the PCN as it's their PCN and not your PCN. But many do have procedures about transferring liability to hirers.

You need to check what their policy is. They may be just paying currently owing to Covid working issues.

Was the PCN paid at discount (£65) and did they charge an admin fee.
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loopylulu
post Mon, 30 Nov 2020 - 12:56
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ok thanks, yes they paid the reduced amount and charged an admin fee. i will try to get it out of them what their policy is, although they are very slow at replying took about 2-3 weeks to request evidence of the pcn
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hcandersen
post Mon, 30 Nov 2020 - 14:07
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They are entitled to do what they want with the PCN as it's their PCN and not your PCN

Yes up to a point, but this does not extend to then charging the hirer without any recourse on their part because the principle of mitigating one's losses comes into play. The easiest way for them to mitigate their losses if, of course, to transfer to the hirer, alternatively to notify the hirer of the PCN and ask whether they want to contest or for the company to pay.

But this takes the OP into the realms of contract disputes.

Do they want to go there?
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stamfordman
post Mon, 30 Nov 2020 - 14:29
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QUOTE (hcandersen @ Mon, 30 Nov 2020 - 14:07) *
But this takes the OP into the realms of contract disputes.



I doubt it. I'm sure PCN handling is in the terms, which the OP probably has if it's a personal contract, and which probably do not commit the company to a single course of action. Contracts may vary too as to what the company does. A moving traffic PCN though can be transferred.

OP - what is the name of the lease firm.
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loopylulu
post Mon, 30 Nov 2020 - 23:18
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The finance company got back to me today providing me a letter to 'Please accept this letter as authority for our customer Mr xxx to contact you directly regarding the above Penalty Charge Notice' Although not sure what good it will do me now since the pcn was paid and the PCN notice date of 22/09. i will try though and hopefully they refund. I guess Covid has not helped with the delays in responding so i am a little understanding.
I will post an update

This post has been edited by loopylulu: Mon, 30 Nov 2020 - 23:31
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cp8759
post Tue, 1 Dec 2020 - 20:18
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You need to post the terms and conditions of the lease that cover traffic violations. You will not get a refund from the enforcement authority.


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If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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