Help - Search - Members - Calendar
Full Version: PPC's / Lease Companies
FightBack Forums > Queries > Council Tickets & Clamping and Decriminalised Notices
Tiger
Hi

I posted sometime ago regarding an invoice one of the drivers from our company had received from Euro Car Parks and how as Facilities Manager I was fighting it (by ignoring them) on her behalf. The lease company had passed it on to us without paying it on our behalf as Euro CP are a company who "allow" them to do so. That issue as far as I am concerned is closed as it's now two months since the last threating and blustering letter I received from them.

Since then I have decided to take on the lease company and their attitude to these invoices as they would refuse to pass some invoices on to me from certain companies (as those companies would not allow them to) and would simply pay them and then re-charge us. Now, this is all theoretical as no such case has yet arisen but I want to prepare the ground if it should. It is also an interesting period as the contract with the lease company expires in September so I am currently tendering the market as a whole. This is one issue as part of the process. We are talking 130 cars so although not a huge fleet, the lease company is still wanting to keep us.

They have now come up with what they term an indemnity to cover these circumstances. I have no speific legal training myself but every bone in my body tells me to keep well clear of this as I'm sure it dosent help at all. It has been drawn up by their legal advisers who have ignored any attempts by myself to discuss the validity of these items. What do you think? Thanks for your time in looking at this:

Private Parking Fines Indemnity


The *Customer* will indemnify *the lease company* for all and any costs (including any associated legal costs *the lease company* may incur in responding to or defending any claim) incurred that have arisen as a result of non-payment of notices, penalties or fines received from a private parking organisation in relation to vehicles operated by The *customer* and its employees. The *customer* understands that *the lease company* reserves the right to immediately settle any notice, penalty or fine received from a private parking organisation in relation to vehicles operated by The *customer* or its employees, where it considers, in its own judgement, that there is any legal, reputational, regulatory or contractual risk to *the lease company*.

In the event there is a risk that a judgement debt will be attached to *the lease company*, it must be able to protect its corporate position and reputation. Any such risk will be treated as an absolute priority and as a consequence *the lease company* is unable to allow any fetter or restraint which would prevent preserving its reputation.

The *customer* can be assured that before any steps are taken in relation to payments of any such notices, penalties or fines from a private parking organisation *the lease company* would keep The *Customer* fully up-to-date and discuss this in advance.


Glacier2
QUOTE
The *customer* understands that *the lease company* reserves the right to immediately settle any notice, penalty or fine received from a private parking organisation in relation to vehicles operated by The *customer* or its employees, where it considers, in its own judgement, that there is any legal, reputational, regulatory or contractual risk to *the lease company*.

I would find that most worrying. I would be instructing them not to pay any such invoice and to refer them to you as hirer. You can then ignore without risk. Without that understanding I would be looking for a new lease company.

The other worrying thing is this "Euro car parks allow this" stuff. It looks like they will pay those ones that say "You as RK are liable" and "Do not pass it on" etc. PPC chancers will take advantage of this fact in their wording of invoices. I would say the love to see the RK comeback as a lease company as it is almost a sure thing they will pay up.
chadders
DW190's post re: Statement of Liability any use?

edit: whilst not applicable to these private bits of paper, play the leasing company at their own game seeing as they fail to refer to them as "bits of paper ™".
whitewing
As the Lease co. will never be the driver, they will never be liable as they cannot have agreed to any PPC terms.
If they are too dumb to see this, take your business elsewhere.
bama
tell them to naff off - ar$e covering bandits (and thats the lease company !!).
their mates could issue paper willy nilly and you would have to pay ! potential for fraud seems quite high.

also "all your rights go flying out the window".

tell them to feck off - and never sign anything that looks like that.
jeffreyarcher
QUOTE (whitewing @ Thu, 15 May 2008 - 16:23) *
If they are too dumb to see this,

They're just protecting themselves. They don't want any risk whatsoever to themselves, no matter how preposterous that risk may be. If they were sued, it would cost them time and money to defend it. If they didn't, the PPC would get a judgement by default. Far simpler to 'contract out' any risk to the lessee.

QUOTE (whitewing @ Thu, 15 May 2008 - 16:23) *
take your business elsewhere.

I think that you'll find that easier said than done.
Alexis
As far as I'm aware, you cannot be party to clauses in a contract that are not legal.

If the lease company pays with your credit card, you can sue the lease company because they have paid a bogus fine. You cannot be held to the part of the contract which has a clause which states you give permission for them to pay a private 'fine', because this is not lawful.

Likewise, if the contract gave permission to allow payment of a private 'invoice', this wouldn't stand because a) is it an invoice for services or a unlawful fine, and what are the services that are being paid for? Even if it was a legitimate invoice (if you had the car washed), you would be able to challenge the lease company if this invoice was beyond what had been agreed.

By blindly paying invoices with yours or their money, the lease company is really opening themselves up to problems. The terms and conditions would probably not hold up if scrutinised in a proper legal case.
chadders
Trying to be helpful: British Vehicle Rental and Leasing Association.

edit: as in see what they say.
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2024 Invision Power Services, Inc.