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Re: CCTV issued PCNs for a contract hire vehicle.
In the case of a PCN issued by a local authority, which is authorised by way of Statutory Instrument and you have incurred it, then, yes, they can. That is fair and reasonable.
What would not be fair or reasonable is expecting you to pay parking charge notices issued by private parking companies. My own view of these speculative invoices is that if they were put to strict proof and the test of what is reasonable, as prescribed under the Unfair Contract Terms Act 1977 (as amended) which places the onus of proof on the provider of the contract - reversed onus - were applied, PPCs would struggle to prove their case. If a vehicle hire company tried to use a clause in their hire documents to exclude or restrict a hirer's right to challenge a PPC's claims, then, IMHO, it would be unreasonable.
In order to claim back monies paid for parking charge notices issued by PPCs, you would need to issue proceedings in the Small Claims Court and show the clause in the hire agreement requiring you to pay PPC speculative invoices was unfair/unreasonable in the circumstances as it either attempted to exclude or restrict or excluded or restricted your right to defend such claims. The hirer would have to show the clause was fair and/or reasonable in the circumstances. Make a careful note of the phrase "in the circumstances".
However, as Wombats has pointed out, a lot of hire companies now pass on PPCs speculative invoices to customers rather than add them to a customer's costs due to the high rate of successful appeals.
Originally posted by liotchik
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What would not be fair or reasonable is expecting you to pay parking charge notices issued by private parking companies. My own view of these speculative invoices is that if they were put to strict proof and the test of what is reasonable, as prescribed under the Unfair Contract Terms Act 1977 (as amended) which places the onus of proof on the provider of the contract - reversed onus - were applied, PPCs would struggle to prove their case. If a vehicle hire company tried to use a clause in their hire documents to exclude or restrict a hirer's right to challenge a PPC's claims, then, IMHO, it would be unreasonable.
In order to claim back monies paid for parking charge notices issued by PPCs, you would need to issue proceedings in the Small Claims Court and show the clause in the hire agreement requiring you to pay PPC speculative invoices was unfair/unreasonable in the circumstances as it either attempted to exclude or restrict or excluded or restricted your right to defend such claims. The hirer would have to show the clause was fair and/or reasonable in the circumstances. Make a careful note of the phrase "in the circumstances".
However, as Wombats has pointed out, a lot of hire companies now pass on PPCs speculative invoices to customers rather than add them to a customer's costs due to the high rate of successful appeals.
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