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#Post#: 86201--------------------------------------------------
Re: UKPS PCN for leased car at Wing Yip Cricklewood London
DIR By: dfwtolhr
Date: August 18, 2025, 12:28 pm
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Response to complaint to SEAT
#Post#: 86207--------------------------------------------------
Re: UKPS PCN for leased car at Wing Yip Cricklewood London
DIR By: b789
Date: August 18, 2025, 12:58 pm
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Before you escalate this to the FCA and the BVRLA, I suggest the
following response to that complaint response:
--- Quote ---
> Subject: Clarification Requested: “Finance Agreement” vs “Hire
Agreement” under PoFA – Complaint Ref: FLE-747262
>
> Dear Jane Yaull,
>
> Thank you for your final response to my complaint, reference
FLE-747262.
>
> I would like to request urgent clarification on one specific
point before I consider escalation. In your response, you state:
>
> [indent]“Our company policy does not permit us to share a copy
of your finance agreement with private parking
companies.”[/indent]
>
> Please confirm whether your reference to “finance agreement”
refers to the hire agreement as defined in Paragraph 13(2)(b) of
Schedule 4 to the Protection of Freedoms Act 2012 (PoFA).
>
> As you are aware, PoFA requires the registered keeper (in this
case, VWFS) to supply a copy of the hire agreement to the
operator in order to lawfully transfer liability for a Parking
Charge Notice. If your company’s policy is to refuse to provide
the required documentation, then that policy is actively
preventing PoFA compliance, and in effect denying customers the
legal protections afforded to them under statute.
>
> This raises serious concerns, especially if VWFS:
>
> [indent]• Discloses hirer data to private operators (which is
only lawful if PoFA requirements are met); and
> • Then refuses to provide the very document that would
lawfully transfer liability and protect the customer from being
wrongfully pursued.[/indent]
>
> As your organisation is listed as a BVRLA member, I will also
be seeking clarity from the BVRLA on whether your stated policy
complies with the BVRLA’s own standards and guidance in relation
to private parking charges and PoFA compliance.
>
> Please confirm:
>
> [indent]1. Whether you accept that this agreement constitutes
a “hire agreement” for the purposes of PoFA Schedule 4 Paragraph
13.
> 2. Whether you accept that refusing to provide the document
prevents lawful transfer of liability.
> 3. Whether you accept that disclosing the hirer’s personal
data in such circumstances may breach the requirements of fair
and lawful processing under UK GDPR and the Data Protection Act
2018.[/indent]
>
> Your prompt response will determine whether I now refer this
matter to the Financial Ombudsman Service, the ICO, and the
BVRLA.
>
> Yours sincerely,
>
> [Your Full Name]
--- End Quote ---
#Post#: 87661--------------------------------------------------
Re: UKPS PCN for leased car at Wing Yip Cricklewood London
DIR By: dfwtolhr
Date: August 29, 2025, 5:42 am
---------------------------------------------------------
Thank you for allowing us to review the points raised, which we
can respond to as follows.
With respect to your first question, we accept that your hire
agreement with us would constitute a "hire agreement" for the
purposes of Schedule 4 Paragraph 13 of the Protections of
Freedoms Act.
In respect of your second question, where a fine, charge or
notice is issued to VWFS in relation to a vehicle that is leased
to a customer under a hire agreement, VWFS has taken the
decision not to provide a copy of the hire agreement to the
issuer as this may include customer information which is not
required by the issuer in order for them to identify who is
liable. As such, we are not intending to rely on the provisions
of Protections of Freedoms Act Schedule 4 Paragraph 13.
In relation to your third question, VWFS provide the relevant
customer details necessary to allow the issuer to make further
enquiries as to who is liable to pay the fine or charge in
question. Our practices when handling (and disclosing, where
necessary) personal data in these circumstances comply fully
with our obligations under applicable UK data protection
legislation, including the UK GDPR and Data Protection Act 2018.
In respect of our transparency obligations, individuals are
informed of our data handling practices, nature and purpose(s)
for processing (and the lawful bases which apply) amongst other
important information via the privacy information presented to
them at point of sale, as well as the Privacy Policy available
at all times on our website: Privacy Policy | VWFS UK.
We can confirm we have asked our Continuous Improvement Team to
review the content of our template letters and we appreciate
your feedback.
I trust this clarifies the matter.
Kind Regards,
Jane Yaull
Customer Resolutions Executive
Customer Operations Department
VOLKSWAGEN FINANCIAL SERVICES (UK) LIMITED
Office: 0800 912 3560
Email: customerresolutions@vwfs.co.uk
#Post#: 87662--------------------------------------------------
Re: UKPS PCN for leased car at Wing Yip Cricklewood London
DIR By: jfollows
Date: August 29, 2025, 5:59 am
---------------------------------------------------------
My understanding, therefore, is that VWFS does not comply with
the requirements of PoFA 2012
--- Quote ---
> (2)The creditor may not exercise the right under paragraph 4
to recover from the keeper any unpaid parking charges specified
in the notice to keeper if, within the period of 28 days
beginning with the day after that on which that notice was
given, the creditor is given—
>
> (a)a statement signed by or on behalf of the vehicle-hire firm
to the effect that at the material time the vehicle was hired to
a named person under a hire agreement;
>
> (b)a copy of the hire agreement; and
>
> (c)a copy of a statement of liability signed by the hirer
under that hire agreement.
--- End Quote ---
and therefore remain liable to recovery as the registered
keeper.
In which case, since they choose not to comply with the
legislation, any charges paid should not be passed on to the
hirer.
The reality is that the parking companies ignore the requirement
and instead issue a deficient notice to hirer, given that the
majority of hirers just pay up anyway.
The hirer has no interest in whether the deficiency is caused by
the failure of the parking company to pass the required
documentation on, or by the failure of the registered keeper to
provide the necessary documentation to the parking company.
#Post#: 89276--------------------------------------------------
Re: UKPS PCN for leased car at Wing Yip Cricklewood London
DIR By: dfwtolhr
Date: September 10, 2025, 2:30 am
---------------------------------------------------------
--- Quote from: b789 link ---
>
> Before you escalate this to the FCA and the BVRLA, I suggest
the following response to that complaint response:
>
> [quote]Subject: Clarification Requested: “Finance Agreement”
vs “Hire Agreement” under PoFA – Complaint Ref: FLE-747262
>
> Dear Jane Yaull,
>
> Thank you for your final response to my complaint, reference
FLE-747262.
>
> I would like to request urgent clarification on one specific
point before I consider escalation. In your response, you state:
>
> [indent]“Our company policy does not permit us to share a copy
of your finance agreement with private parking
companies.”[/indent]
>
> Please confirm whether your reference to “finance agreement”
refers to the hire agreement as defined in Paragraph 13(2)(b) of
Schedule 4 to the Protection of Freedoms Act 2012 (PoFA).
>
> As you are aware, PoFA requires the registered keeper (in this
case, VWFS) to supply a copy of the hire agreement to the
operator in order to lawfully transfer liability for a Parking
Charge Notice. If your company’s policy is to refuse to provide
the required documentation, then that policy is actively
preventing PoFA compliance, and in effect denying customers the
legal protections afforded to them under statute.
>
> This raises serious concerns, especially if VWFS:
>
> [indent]• Discloses hirer data to private operators (which is
only lawful if PoFA requirements are met); and
> • Then refuses to provide the very document that would
lawfully transfer liability and protect the customer from being
wrongfully pursued.[/indent]
>
> As your organisation is listed as a BVRLA member, I will also
be seeking clarity from the BVRLA on whether your stated policy
complies with the BVRLA’s own standards and guidance in relation
to private parking charges and PoFA compliance.
>
> Please confirm:
>
> [indent]1. Whether you accept that this agreement constitutes
a “hire agreement” for the purposes of PoFA Schedule 4 Paragraph
13.
> 2. Whether you accept that refusing to provide the document
prevents lawful transfer of liability.
> 3. Whether you accept that disclosing the hirer’s personal
data in such circumstances may breach the requirements of fair
and lawful processing under UK GDPR and the Data Protection Act
2018.[/indent]
>
> Your prompt response will determine whether I now refer this
matter to the Financial Ombudsman Service, the ICO, and the
BVRLA.
>
> Yours sincerely,
>
> [Your Full Name]
--- End Quote ---
[/quote]
Please confirm if the response received still warrants
escalation to the FCA and BVRLA?
#Post#: 89314--------------------------------------------------
Re: UKPS PCN for leased car at Wing Yip Cricklewood London
DIR By: b789
Date: September 10, 2025, 6:00 am
---------------------------------------------------------
Did you send that response to VWFS and have they since
responded? You are waiting for a response to the above
correspondence I advised you to send. Based on their response,
you then will have the option to escalate, if necessary.
#Post#: 89322--------------------------------------------------
Re: UKPS PCN for leased car at Wing Yip Cricklewood London
DIR By: dfwtolhr
Date: September 10, 2025, 6:49 am
---------------------------------------------------------
Reply is in post #42!
#Post#: 89349--------------------------------------------------
Re: UKPS PCN for leased car at Wing Yip Cricklewood London
DIR By: b789
Date: September 10, 2025, 9:08 am
---------------------------------------------------------
Apologies, I hadn't noticed the reply.
Volkswagen Financial Services (VWFS) has now confirmed three
important things:
[indent]1. They agree that your lease agreement is a "hire
agreement" as defined in the Protection of Freedoms Act 2012
(PoFA), Schedule 4 Paragraph 13. This means they know that they
can legally transfer liability for a private parking charge to
you as the hirer if they provide the right documents.
2. However, they also admit that their policy is to refuse to
provide those documents (the hire agreement), even though doing
so would allow them to legally pass the charge to you and avoid
being held liable themselves. Because they choose not to do
this, they say they won’t rely on PoFA at all. In effect, they
are intentionally blocking the use of a legal process that
protects customers like you.
3. Despite not complying with PoFA, they still pass on your
personal details to the private parking company. Then, if the
charge escalates, they just pay it and invoice you. This means
your personal data is being shared even though there’s no valid
legal basis to hold you liable. They justify this by saying
their privacy policy explains it, but that doesn’t make the data
sharing lawful under UK data protection law.[/indent]
In short, VWFS admits it could legally transfer liability to you
using PoFA, but chooses not to. They still hand over your data
to a private parking firm, even though that firm has no legal
right to pursue you unless PoFA has been complied with. Then
VWFS either leaves you to deal with it or pays and charges you.
This approach puts you at risk of being unlawfully pursued for a
parking charge when the law was designed to protect you from
exactly that situation.
Here is what you should now do...
First a complaint to the Financial Ombudsman. You can send it by
email to complaint.info@financial-ombudsman.org.uk and make sure
you also CC yourself:
--- Quote ---
> Subject: Complaint Regarding Volkswagen Financial Services –
Ref: FLE-747262
>
> Dear Financial Ombudsman Service,
>
> I am submitting a complaint against Volkswagen Financial
Services UK Ltd (trading as SEAT Financial Services) regarding
their handling of a parking charge issued while I was the hirer
of a leased vehicle.
>
> The company has confirmed in writing that my agreement is a
“hire agreement” under Schedule 4 Paragraph 13 of the Protection
of Freedoms Act 2012 (PoFA). This means they have the legal
ability to transfer liability for a private parking charge to me
by providing the required documents to the parking operator.
>
> However, Volkswagen Financial Services also admitted that they
have a policy of refusing to provide a copy of the hire
agreement to private parking companies. Because of this refusal,
they knowingly choose not to rely on the PoFA process and
therefore do not legally transfer liability. Despite this, they
pass my personal data to the parking company anyway, or pay the
charge themselves and then invoice me.
>
> In other words, they choose not to follow the legal process
that protects customers and still leave me exposed to liability
for a charge that, under PoFA, I may not legally owe. This is
unfair and potentially unlawful. I was never given the
opportunity to contest the charge properly under the statutory
process because they refused to provide the necessary
documentation.
>
> I believe this practice is unfair, unreasonable, and not in
line with FCA expectations or principles. I am asking the
Financial Ombudsman to investigate whether Volkswagen Financial
Services’ policy of refusing to provide hire agreements in these
cases is acceptable, and whether I have been treated fairly.
>
> Please find below the relevant reference details:
>
> [indent]• Complaint reference from VWFS: FLE-747262
> • Vehicle registration: [Insert registration]
> • Agreement number with VWFS: [Insert agreement number]
> • My full name: [Insert full name]
> • My contact details: [Insert email and/or phone
number][/indent]
>
> Please let me know if you require any further information or
supporting documents.
> Yours faithfully,
>
> [Your name]
--- End Quote ---
Second, you send the following to the BVRLA at info@bvrla.co.uk
and again, CC yourself:
--- Quote ---
> Subject: Complaint Regarding Volkswagen Financial Services –
Unfair Treatment of Hirers in Relation to Private Parking
Charges
>
> Dear BVRLA,
>
> I wish to submit a formal complaint against Volkswagen
Financial Services UK Ltd, a member of your organisation, in
relation to their handling of private parking charge notices
issued to vehicles leased under hire agreements.
>
> VWFS has confirmed to me in writing that my lease agreement is
a “hire agreement” for the purposes of Schedule 4 Paragraph 13
of the Protection of Freedoms Act 2012 (PoFA). This means they
have the legal ability to transfer liability for a private
parking charge to the hirer by providing the necessary
documentation to the parking operator.
>
> However, they also confirmed that their internal policy is to
refuse to provide a copy of the hire agreement to private
parking companies. Because of this, they do not rely on PoFA to
transfer liability, despite admitting that they could. Instead,
they pass on the hirer’s details anyway, and if the parking
charge escalates, they may pay it and invoice the customer.
>
> This practice leaves the hirer exposed to enforcement action
by private parking operators even when no legal liability has
been transferred. It denies the hirer the opportunity to benefit
from the protections provided by PoFA and increases the risk of
unfair pursuit and financial loss.
>
> I believe this approach is unacceptable for a BVRLA member. It
contradicts the principle of treating customers fairly and
creates a serious imbalance in the rights and responsibilities
between lease companies and hirers.
> I am therefore asking the BVRLA to investigate whether this
policy breaches your Code of Conduct, and whether Volkswagen
Financial Services’ handling of private parking charge notices
is compatible with the standards expected of a member
organisation.
>
> Please let me know if you require any further information. I
am happy to provide the relevant correspondence from VWFS on
request.
>
> Yours faithfully,
>
> [Your full name]
>
> [Your contact details]
> [Vehicle registration and/or agreement number, if needed]
> VWFS complaint ref: FLE-747262
--- End Quote ---
Third, a complaint to the ICO at casework@ico.org.uk and again,
CC yourself:
--- Quote ---
> Subject: Data Protection Complaint – Volkswagen Financial
Services (VWFS) – Unlawful Disclosure of Personal Data to
Private Parking Operator
>
> Dear ICO,
>
> I wish to raise a concern about Volkswagen Financial Services
UK Ltd (VWFS), who I believe have unlawfully disclosed my
personal data to a private parking company without a valid
lawful basis, in breach of the UK General Data Protection
Regulation (UK GDPR) and the Data Protection Act 2018.
>
> I am the hirer of a vehicle leased under a hire agreement with
VWFS. A Parking Charge Notice (PCN) was issued against the
vehicle by a private parking company. VWFS, as the registered
keeper, disclosed my personal details to that company in order
to pass liability to me.
>
> However, Schedule 4 Paragraph 13 of the Protection of Freedoms
Act 2012 (PoFA) sets out the only lawful basis for transferring
liability from the keeper to the hirer in these cases. VWFS has
confirmed in writing that my agreement is a “hire agreement”
under that legislation, but they also admitted that they have a
company policy of refusing to provide the required documentation
(namely, the hire agreement) to parking operators.
>
> As a result, they are knowingly refusing to meet the legal
conditions required to transfer liability, yet they are still
disclosing my data to third parties as if those conditions have
been met. This makes the data disclosure unlawful, as it is not
necessary or proportionate for the stated purpose, and is not
supported by a valid lawful basis under Article 6 of UK GDPR.
Once they have decided not to rely on PoFA, there is no
remaining lawful reason to share my personal data.
>
> I believe VWFS’s policy and actions amount to a misuse of
personal data and a failure to comply with the data
minimisation, purpose limitation and lawfulness principles under
UK GDPR.
>
> I would be grateful if the ICO would investigate whether VWFS
has breached data protection law in this case and whether their
general policy of refusing to comply with PoFA, while still
disclosing hirer data, is compatible with their obligations as a
data controller.
>
> Please let me know if you require further information. I can
provide a copy of their written admissions on request.
>
> Yours faithfully,
>
> [Your full name]
>
> [Your contact details]
> [Vehicle registration and/or agreement number, if needed]
> VWFS complaint ref: FLE-747262
--- End Quote ---
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