Lex auto lease and parking ticket
Lex auto lease and parking ticket
Author
Discussion

donblako

Original Poster:

29 posts

92 months

Wednesday 18th March 2020
quotequote all
Only recently have lex starting automatically reclaiming parking tickets. I’ve had 2 in the past 12 months at the same car Park where there machine is not accepting cards and I don’t have cash, but a train to cash.

I’ve queried with Lex, they said it would held in query but then took the money anyway??

Any ideas would be much appreciated

Buster73

5,616 posts

182 months

Wednesday 18th March 2020
quotequote all
donblako said:
where there machine is not accepting cards and I don’t have cash
Why would you park in a pay car park when you can’t pay ?


swampy442

1,954 posts

240 months

Wednesday 18th March 2020
quotequote all
Surely parking tickets are the responsibility of the driver, not the lease company?

BrettMRC

5,997 posts

189 months

Wednesday 18th March 2020
quotequote all
donblako said:
Only recently have lex starting automatically reclaiming parking tickets. I’ve had 2 in the past 12 months at the same car Park where there machine is not accepting cards and I don’t have cash, but a train to cash.

I’ve queried with Lex, they said it would held in query but then took the money anyway??

Any ideas would be much appreciated
Use the parking app associated with most train station car parks?

Not Lex's fault you didn't pay for a ticket...

Trax

1,600 posts

261 months

Wednesday 18th March 2020
quotequote all
BrettMRC said:
Use the parking app associated with most train station car parks?

Not Lex's fault you didn't pay for a ticket...
And also not Lex's responsibility to pay a speculative invoice, when their liability stops by providing the driver details.

BrettMRC

5,997 posts

189 months

Wednesday 18th March 2020
quotequote all
Trax said:
And also not Lex's responsibility to pay a speculative invoice, when their liability stops by providing the driver details.
They normally just pass the whole thing on to the driver along with a £10 handling fee... I've not seen anything in the terms that has changed, so suspect the OP really needs to call them and not ask us... wink

S11Steve

6,389 posts

213 months

Wednesday 18th March 2020
quotequote all
Check the t&c of the agreement, specifically for anything around fines and charges.

These are charges, not fines, and although a lot of the leading companies have updated their wording in recent years, many still don't distinguish between the two.

Yes, they should be transferring liability to the driver, but the shyster companies are refusing more and more simply to make the leading company collect from the driver rather than char the drivers themselves.

I believe that Free2Move ( the Peugeot Citroen Vauxhall leasing admin team) may be going down the same route of pay and recharge everything. The parking companies have been bombarding the leasing companies with hundreds of court claims to back the industry into a corner, and remove any option of appeal from the driver.

The industry is rotten to the core.

Desiderata

2,738 posts

83 months

Wednesday 18th March 2020
quotequote all
Surely you can simply refuse to pay Lex? It's an invoice which you are disputing.
If they've already taken it from you somehow without your permission (credit card , direct debit etc) then that's a breach of your contract/banking rules.

pavarotti1980

6,341 posts

113 months

Wednesday 18th March 2020
quotequote all
Lex in there FAQs state that due to Data Protection Act they cant supply the private parking company with the driver name and address despite this being against BVLRA guidance which they are meant to follow and also legislation (POFA 2012). They also mix private parking charges and fines up in the response so clearly have no idea what they are doing

https://driver.lexautolease.co.uk/Login/FAQ

S11Steve

6,389 posts

213 months

Wednesday 18th March 2020
quotequote all
Desiderata said:
Surely you can simply refuse to pay Lex? It's an invoice which you are disputing.
If they've already taken it from you somehow without your permission (credit card , direct debit etc) then that's a breach of your contract/banking rules.
Depends on the wording of the contract T&Cs - if it states all fines, "charges", tolls and offences are the liability of the customer, then yes, they can just bill it.

If that specific word "charge" is missing, then the OP may have a good cause to argue the case.

Many do have that wording, and the PPCs know it, which is why they have ramped up enforcement action on fleet suppliers. For the leading company it is easier to pay than fight.



Drumroll

4,517 posts

149 months

Wednesday 18th March 2020
quotequote all
S11Steve said:
Check the t&c of the agreement, specifically for anything around fines and charges.

These are charges, not fines, and although a lot of the leading companies have updated their wording in recent years, many still don't distinguish between the two.

Yes, they should be transferring liability to the driver, but the shyster companies are refusing more and more simply to make the leading company collect from the driver rather than char the drivers themselves.

I believe that Free2Move ( the Peugeot Citroen Vauxhall leasing admin team) may be going down the same route of pay and recharge everything. The parking companies have been bombarding the leasing companies with hundreds of court claims to back the industry into a corner, and remove any option of appeal from the driver.

The industry is rotten to the core.
Whilst I do agree with you, Steve. In this instance l don't think the OP has really got any grounds to appeal.

S11Steve

6,389 posts

213 months

Wednesday 18th March 2020
quotequote all
Drumroll said:
Whilst I do agree with you, Steve. In this instance l don't think the OP has really got any grounds to appeal.
Correct, once a private parking charge is paid, it can't be appalled. The only exception has been the occasional counterclaim in a civil court and who has got the time or inclination for that?!

Although I've heard of people paying by credit card then doing a chargeback, but I'm not convinced that's even viable, certainly not in this case where it had been paid by Lex

speedking31

3,913 posts

165 months

Wednesday 18th March 2020
quotequote all
Trax said:
BrettMRC said:
Use the parking app associated with most train station car parks?

Not Lex's fault you didn't pay for a ticket...
And also not Lex's responsibility to pay a speculative invoice, when their liability stops by providing the driver details.
aka a fine if it's a railway station car park covered by bye laws.

S11Steve

6,389 posts

213 months

Wednesday 18th March 2020
quotequote all
speedking31 said:
ka a fine if it's a railway station car park covered by bye laws.
Grey area still - in effect they invite the keeper to pay £100 in order to prevent a trip to the magistrates court.
In reality the only bye law tickets that do go to court are for persistent offenders.

A 6 month chain of letters back and forth will time out any penalty though.

pavarotti1980

6,341 posts

113 months

Thursday 19th March 2020
quotequote all
anonymous said:
[redacted]
To be fair a private parking company are not in a position to enforce byelaws in the majority of instances.

They are effectively saying "pay me £100 and I will tell the TOC not to prosecute you".