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British Parking Association and BVRLA- PCN

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Dibble
Scooby Slapper



Joined: 17 Jul 2007
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PostPosted: 20:46 - 18 Aug 2014    Post subject: British Parking Association and BVRLA- PCN Reply with quote
Need a bit of help please.

Fairly common story, I spent too long in McDonalds E14 and got a Parking Charge Notice sent to my Car lease company (Alphabet), they of course paid and added £20+vat on as a Admin fee.

I would quite like them to have to earn this.

A lot of Company car drivers have had the same, it's alleged Lease cars and vans are targeted by proper and private ticketers because lease companies pay without question and appeals are almost impossible.

Apparently there is a cosy "Memorandum Of Understanding" between the British Parking Association(BPA) and the British Vehicle Rental and Lease Association(BVRLA) but this is in a private area of the BVRLA website.

Anybody happen to have a copy????????
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BakesBeans
Spanner Monkey



Joined: 14 Aug 2012
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PostPosted: 21:33 - 18 Aug 2014    Post subject: Reply with quote
The answer will be in your contract with the lease company; it may mention fines/penalties and this is not one.

If it mentions parking charge notices (PCN's) you may have inadvertently agreed to this practice.
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Dibble
Scooby Slapper



Joined: 17 Jul 2007
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PostPosted: 08:23 - 19 Aug 2014    Post subject: Reply with quote
The problem is the car is leased by my company who don't want to rock the boat by querying the exact terms of the contract, frankly they don't want to get involved.

I think this "Memorandum Of Understanding" says the Parking Pirates are only supposed to ask for the name of the Keeper and the lease company are only to supply it not pay.

It's a secret deal done to make both of their lives easier and make me pay for it...
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BakesBeans
Spanner Monkey



Joined: 14 Aug 2012
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PostPosted: 21:03 - 19 Aug 2014    Post subject: Reply with quote
Dibble wrote:
The problem is the car is leased by my company who don't want to rock the boat by querying the exact terms of the contract, frankly they don't want to get involved.

I think this "Memorandum Of Understanding" says the Parking Pirates are only supposed to ask for the name of the Keeper and the lease company are only to supply it not pay.

It's a secret deal done to make both of their lives easier and make me pay for it...


Well your company must have a contract with them. If your company are not willing to show it, or even question it, are they going to take the money out of your salary?

Also, it looks like the registered keeper of the car is the lease company, and why would they question any PCN when they can earn £20 out of it!

Ideally, stop eating in McDonalds and use your bike instead!
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Rogerborg
nimbA



Joined: 26 Oct 2010
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PostPosted: 07:24 - 20 Aug 2014    Post subject: Reply with quote
prosnap wrote:
By paying it they have taken away your legal right to appeal.

To which statute or case law dealing with contracts are you referring?

"Appeal" against what?
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Dibble
Scooby Slapper



Joined: 17 Jul 2007
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PostPosted: 09:11 - 20 Aug 2014    Post subject: Reply with quote
prosnap wrote:
By paying it they have taken away your legal right to appeal.


With proper penalty charge notices from proper authorities this is true, lease car drivers get a parking ticket we can appeal but if that appeal is turned down by "the council" they send the next demand to the lease company, who pay +£20 +vat, meaning you can never go to a tribunal......

This case is a speculative invoice from a private company which the lease company is paying without question. The "contract " is actually with the driver not the Keeper but they pay anyway.

The Parking companies and the Lease companies run this scam under a "Memorandum Of Understanding" that they are unwilling to publish.

I would Love to see a copy.



I do use a bike for work BTW but sometimes I need to shift more kit than a Goldwing with a trailer could manage, I have a Vauxhall Insignia that HMRC tax as though it were a Bugatti
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Rogerborg
nimbA



Joined: 26 Oct 2010
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PostPosted: 10:56 - 20 Aug 2014    Post subject: Reply with quote
prosnap wrote:
It is a legal requirement with the IPC and BPA that they both must offer you the right of appeal after an appeal rejection from the relevant PPC.

If you're referring to PoFA 2012 Schedule 4 then I'd invite you to read it very carefully.

Look for the absence of "must" in 7 (2) (d), and the word "any" instead of "the", and "may be" in 7 (5) (b), and likewise for 8 and 9.

On my reading (and courts may read it differently), "independent adjudication or arbitration" is not required. If it is available then it must be detailed in the various notices to driver or keeper.

Maybe that's not what was meant, but I suspect that whichever Whitehall apparatchik typed up the details got some "assistance" from parking industry lobbyists.
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Old Thread Alert!

The last post was made 11 years, 134 days ago. Instead of replying here, would creating a new thread be more useful?
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