Parking Ticket from employer

tonym_dj

Hi,

Yesterday I received a parking ticket from my employer for parking on a double yellow.

My main gripe is that there were no spaces available in the vicinity, where I did park (which was an overflow car park itself) didn't block access or cause an obstruction but was on a yellow.

I have been told I can appeal the penalty but on the form it states that the fine is collected by an external company and that the cost rises from £40 to £80 if not received within 28 days and that I will be pursued through the small claims court should no payment be received within 5 weeks.

I have spoken with security who have informed me there are signs regarding 'parking contract' around the car park (although you do need to stand underneath them to read them).

I have been told there is an alternative overflow car park which is on the other side of the facility (1/4 mile away).

The car park is owned and operated by my employer which is a free car park, there are no other car parks in the area. The tickets are also issued by security which is alo operated by my employer. The fine itself is collected by an external company.

It's very frustrating, I don't make a habit of parking on double yellow lines but equally I wouldn't have thought it would be in the interest of my employer to actually fine its employees for just trying to get to work.

What is the likelihood I'll be pursued if I refuse to pay?

How likely is the 'parking contract' sign likely to succeed if they did decide to chase me through court?

Thanks in advance!

zzzLazyDaisy

This is potentially a different scenario from the usual private parking 'fine' questions, so tread carefully and double check your facts.

Firstly, you say that the 'fine' is imposed by your employer. Does it say anything in your contract of employment and/or employment handbook about parking, and the conditions of use?

Also, have a good look at the signage. Does it have the name of a private parking company?

What does the parking ticket say? Is it signed off by your employer or by a private parking company?

If you are right, and the 'fine' has been imposed by your employer, then my advise is to pay it, as you probably don't want to get yourself noticed by the employer, for the sake of £50.

However I'm surprised that they are threatening action in the small claims court, as the simplest/safest for the employer way would be to include in the employment contract that failure to comply with the rules of the parking scheme is likely to result in disciplinary action, and that one possible sanction could be a 'fine' of £50. This, couples with a deductions clause in the contract enabling them to deduct that sum from your wages, would avoid any uncertainty.

I would also say one other thing though - if these are your employer's rules, and operated by your employer, it might be worth speaking to HR and/or raising a grievance, to try and get the 'fine' overturned.

esmerobbo

Is your employer an NHS Trust? Or a college/Uni? If it is don't mention it by name!

tonym_dj

Thanks for your responses.

My employer is a university who own and operate the buildings, car parks and run their own security.

The signage also states my employer as the operator o the car park.

Had a response from security who have informed me they have reviewed the CCTV and my response and have decided the fine stands.

The car park is operated by my employer, I will check if there is anything in my contract.

Apparently there is info on the intranet and regular emails are sent apparently, not that I remember seeing anything which I realise isn't an excuse.

I'm not too fused about causing a stink with my employer, it's a massive place. My manager sympathises and I would not expect it to jeopardise my employment.

The fine is paid via a third party who apparently do the chasing if you don't pay, either way I can't see it in my employers interest to chase me be it directly or indirectly.

Each department is run like it's own business and the head of security can overturn the fine if he wanted too. At the moment he doesn't want to.

I'll check my contract before pushing too hard, may just have to pay it, what a pain!

tonym_dj

I've checked my contract, there is no mention of parking within it.

I have checked the parking regulations which I fall foul of but I've obviously not had to sign anything.

If this went to court is it likely to be successful, considering I've not actually agreed or signed anything related to the parking sign or the internal regulations?

zzzLazyDaisy

In order to succeed at the small claims court, your employer would have to show that you actually owed the debt.

It doesn't matter if you signed a document agreeing to the rules, what matters is that you were made aware of the rules and the consequences and continued to park your car in the car park. It is highly likely that by your actions you are deemed to have accepted the conditions for parking the car.

Whether that amounts to a contract depends on what your contract says about complying with reasonable management instructions and/or what the various e-mails say. It may be that somewhere it says that this provision forms part of your contract of employment.

Really non-one but you has access to the relevant documentation, so it is impossible to say whether a court will view this 'fine' as a legitimate debt, or not. It is also impossible to say whether the employer will in fact instruct its debt collector to chase the debt, or to pursue it all the way to court.

The only way to find out is to call their bluff and wait and see what happens. Personally I wouldn't risk hacking off an employer for the sake of £50, but that's just my pov.

muckybutt

A private company cannot impose fines....full stop.

If there is not mention in your contract of employment about paying parking tickets tell em to swivel.

It is a private non enforceable ticket just like the 1000's of others on here, double yellow lines on private property mean diddly squatt and cannot be legally enforced....even in county court.

Is the car park a free car park ? and do you need a permit ? If the car park is free you owe them nothing as they have lost nothing, if say it costs £1 per hour then could possibly say you owed em a days parking or however long you were there but you werent parked in a bay, so again you still owe em nothing as they havent lost anything. If you have a permit then you have permission to park so tell em to !!!! off.

DO NOT pay them and ignore all their threats etc.

muckybutt

zzzLazyDaisy wrote: »

In order to succeed at the small claims court, your employer would have to show that you actually owed the debt.

It doesn't matter if you signed a document agreeing to the rules, what matters is that you were made aware of the rules and the consequences and continued to park your car in the car park. It is highly likely that by your actions you are deemed to have accepted the conditions for parking the car.

Whether that amounts to a contract depends on what your contract says about complying with reasonable management instructions and/or what the various e-mails say. It may be that somewhere it says that this provision forms part of your contract of employment.

Really non-one but you has access to the relevant documentation, so it is impossible to say whether a court will view this 'fine' as a legitimate debt, or not. It is also impossible to say whether the employer will in fact instruct its debt collector to chase the debt, or to pursue it all the way to court.

The only way to find out is to call their bluff and wait and see what happens. Personally I wouldn't risk hacking off an employer for the sake of £50, but that's just my pov.

You are wrong my friend, if its a free car park, and the op accepted the terms and conditions - the parking company still cannot legally enforce a debt of £50 as their actuall loss is £0 a private company cannot levvy fines....thats law !

zzzLazyDaisy

muckybutt wrote: »

You are wrong my friend, if its a free car park, and the op accepted the terms and conditions - the parking company still cannot legally enforce a debt of £50 as their actuall loss is £0 a private company cannot levvy fines....thats law !

I agree that is the case where private parking companies are concerned.

BUT this is an employer which provides a benefit to its employees. There are documents and e-mails concerning this employment benefit which we do not have access to, and therefore we have no information about the terms and conditions of OP's employment contract and/or the car parking scheme provided by the employer.

These are two entirely separate scenarios.

Do not confuse civil parking disputes with employment disputes.

Coupon-mad

zzzLazyDaisy wrote: »

Do not confuse civil parking disputes with employment disputes.

Sorry but methinks you confused the OP when you wandered onto this board and actually told someone to pay a PPC. And you also said 'they' (employer or PPC it matters not) could 'fine' him which they cannot! And to compound it all you are calling this an employment dispute which it is NOT. It is exactly what it says on the [STRIKE]tin[/STRIKE] fake PCN - a private parking charge notice that's all. Nothing to worry about.

The regulars on this board have seen LOADS of threads about Uni and Hospital bogus PCNs before. You just have to ignore them, it's simple. Often it appears that the ticket has 'come from the employer' but in fact in reality the fake PCN comes from the parking company but they USE the Uni/Hospital's own staff to slap them on windscreens! Lazy/easy way to extort money!

tonym_dj
DO NOT PAY IT. IGNORE THE PRIVATE COMPANY'S THREATOGRAMS. YOU OWE NOTHING.

esmerobbo

No doubt the PPC was brought in to stop people who had no legitimate right to be on the land parking there. Were they seem to be using the Uni's security to issue the invoices. However as usual they have reverted to like and started to abuse their position, and it seems with the Uni's blessing!

As advised tell them to put up or shut up.