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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70009
Experience:  Over 5 years in practice
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I was issued a parking charge for stopping on a pedestrian

Resolved Question:

I was issued a parking charge for stopping on a pedestrian crossing or Zig Zag lines (code 99) on 18/12 13 by Lambeth Council and recorded by camera.

I am a Lease car driver and my Lease Admin Dept only forwarded the notice yesterday as an e mail attachment. I have not received anyting directly from Lambeth Council.

The Lease Admin Dept maintain that they did not receive the initial charge certificate. The council have applied a surcharge of £60 because payment was not received within 28 days. The certificate is addressed to me but at the Lease Admin departments address.

What should I do please?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What would you like to know about this pleasE?
Customer: replied 3 years ago.

2 Things:


 


1 As this has not been sent to me by the issuing authority do I have to do anything about it?


 


2 The delay in receiving this from a third party has resulted in an additional 50% penalty. This in unjust. What should I do?


 


Thank you


 


 


 


 


 


Attachment: 2014-03-26_220515_doc.pdf

Expert:  Jo C. replied 3 years ago.
Is the lease company the registered keeper?
Customer: replied 3 years ago.

It is a full contract hire, leased on my behalf by my Hospital Trust. I guess that they are the registered keepers as I have no registration document. I will check and get back tomorrow if that's OK.


 


Thanks

Expert:  Jo C. replied 3 years ago.
Yes, thats probably a good idea.

Can you find out what the terms and conditions say about payment of fines? There is probably something that can be done about this.
Customer: replied 3 years ago.

I have checked; The vehicle is registered to the leasing company who lease it to the Trust and then you has the named driver.


 


I am still not clear as to my liability if the document has not been sent to me but passed on by a 3rd party.


 


Thanks

Expert:  Jo C. replied 3 years ago.
Thanks.

Do you deny the offence?
Customer: replied 3 years ago.

No, but I have not had the opportunity to review this because I have found out 3 months after the event and via a 3rd party.


 

Expert:  Jo C. replied 3 years ago.
No, but the difficulty is twofold here.

Actually if this is a local council fine then that runs against the registered keeper not the driver but probably under the terms and conditions of the lease you are bound to pay for things of this kind. It would be a very unusual lease if you were not.

In any event, if you make representations to the local council that you have only just seen the fine then they will actually probably allow you to pay at the reduced price.

You could always tell the lease company that you will only pay the reduced price. The fine runs against them not you if this is a local council fine. The difficulty with that is that they will probably just claim from you but you could sue them for the difference. I don't think they will find a court in the country that will say that the increase in price is not their fault.

Nevertheless, the right thing to do would be to appeal to the council to use their discretionary grounds to let you pay at the reduced price. If they refuse then pay in full and reclaim from the leasing company. That would be the risk free option for you.

Can I clarify anything for you?

jo
Customer: replied 3 years ago.

No. Thanks

Expert:  Jo C. replied 3 years ago.

No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/
Jo C., Barrister
Category: Law
Satisfied Customers: 70009
Experience: Over 5 years in practice
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