Parking Ticket from employer

tonym_dj

That's very interesting. I certainly like the idea of not paying but equally I don't want to get in hot water with my employer.

My employer operates the car park, have written and issued the signage and parking regulations and have appointed a third party only for the payment collection which I assume is divvied up by the third party and my employer.

The security is operated by my employer (not a third party) so I'm not sure why issuing unenforceable tickets would be in their interest or in the interest of their staff as the unions and other bodies associated with the uni are unlikely to tollerate that kind of behaviour.

In addition my employer is very careful not to fall foul of employment laws (not in a sly way) and to ensure it's staff are generally well looked after.

Up until this issue it's probably the most ethical place I've worked.

That's why I'm a little cautious about telling them to shove it.

I have gone through the proper appeals channels with the university but so far that aren't budging on their decision.

I have no issue standing my ground and even letting the thing go to court if there's a good chance the ticket is unenforceable but I'd rather not lose my job over it.

My main gripe is they allow drivers to park on a double yellow if no spaces are available for that day only, I didn't see any spaces and subsequently parked on a double, not ideal but I'm here to work not get stressed trying to find a parking space, particularly as the parking is free and it's a private car park and to make matters worse they have let others off in a similar situation in the past.

Quentin

tonym_dj wrote: »

My main gripe is they allow drivers to park on a double yellow if no spaces are available for that day only, I didn't see any spaces and subsequently parked on a double, not ideal but I'm here to work not get stressed trying to find a parking space, particularly as the parking is free and it's a private car park and to make matters worse they have let others off in a similar situation in the past.

You say you aren't bothered about upsetting the employer/employee relationship, so treat this in the way you would treat any "fine" from a private parking company and just ignore any correspondence you get from the "enforcers".

zzzLazyDaisy

tonym_dj wrote: »

My main gripe is they allow drivers to park on a double yellow if no spaces are available for that day only, I didn't see any spaces and subsequently parked on a double, not ideal but I'm here to work not get stressed trying to find a parking space, particularly as the parking is free and it's a private car park and to make matters worse they have let others off in a similar situation in the past.

I think myself and other posters on this thread will have to agree to differ.

In my view you have a direct contract with your employer and since the car park is owned and operated by the employer, and subject to the rules and procedures imposed under your contract of employment and/or associated documents, then in my view this is an employment dispute.

First, you need to know if this parking arrangement and the financial sanction has been formally agreed with the union, since it may form part of a collective agreement, in which case it is deemed to be incorporated into your contract of employment. This would be an important point if you decided to press the matter to court, so do check this.

I would agree fully with the other posters, if this was a car park operated by a private parking company. But the difference is that in PP cases there is no contractual relationship on which the PPC can sue. In your case there is a contractual relationship, so in my view that makes the difference. As I say I think we have to agree to differ.

OP, are you a member of the union? If so, may I suggest that you take the matter up with them. If the employer has let other people off this 'fine' (which actually isn't a fine as other people have pointed out - but a financial sanction) then this is inconsistent treatment, and at the very least you could consider raising a formal grievance under the employer's grievance procedure.

I am certainly not an expert on parking law - but I do suggest that you check out any potential employment law issues, and in your situation I'd say the union is probably the best place to start.

Sirdan

zzzLazyDaisy wrote: »

I think myself and other posters on this thread will have to agree to differ.

In my view you have a direct contract with your employer and since the car park is owned and operated by the employer, and subject to the rules and procedures imposed under your contract of employment and/or associated documents, then in my view this is an employment dispute.

First, you need to know if this parking arrangement and the financial sanction has been formally agreed with the union, since it may form part of a collective agreement, in which case it is deemed to be incorporated into your contract of employment. This would be an important point if you decided to press the matter to court, so do check this.

I would agree fully with the other posters, if this was a car park operated by a private parking company. But the difference is that in PP cases there is no contractual relationship on which the PPC can sue. In your case there is a contractual relationship, so in my view that makes the difference. As I say I think we have to agree to differ.

OP, are you a member of the union? If so, may I suggest that you take the matter up with them. If the employer has let other people off this 'fine' (which actually isn't a fine as other people have pointed out - but a financial sanction) then this is inconsistent treatment, and at the very least you could consider raising a formal grievance under the employer's grievance procedure.

I am certainly not an expert on parking law - but I do suggest that you check out any potential employment law issues, and in your situation I'd say the union is probably the best place to start.

If this parking charge is contractually binding by the terms of employment issued to the employee then why are they (the landowner) issuing mickey mouse invoices, surely if they were confident of the contractual obligation they would simply deduct the amount from the OP's next wage packet ?
I strongly suspect their parking enforcement stategy is geared to dissauding non employees from parking in employee car parks ,and if that is the case there won't be any binding terms in the employees contract of employment.

Also I note that the OP says the "fine" is collected by a third party company ,why is this ? Who are this company ..a PPC or a DCA by any chance ?

Definitely sound advice to contact your union and check carefully the terms of employment. If it's not in there you should of course pay your employer their reasonable estimated losses and damages ,which in a free car park I estimate to be £0.00

tonym_dj

Thanks for your responses, unfortunately I'm not a member of the union but I'm almost certain there is nothing in my contract relating to parking.

The company who collect the payment are http://www.combinedparkingsolutions.com/

They seem to have a very high opinion of themselves as well as their success rate at taking non payers to court.

I suspect that once a ticket is issued Combined Parking Solutions probably charge my employer if the ticket is revoked which would explain their lack of understanding.

esmerobbo

Oh my god its Perky law!!

Although his wife is now in charge he was here last week with his usual nonsense!

A little idea of Perky's world can be found here!

https://forums.moneysavingexpert.com/discussion/2988998

zzzLazyDaisy

tonym_dj wrote: »

Thanks for your responses, unfortunately I'm not a member of the union but I'm almost certain there is nothing in my contract relating to parking.

OP, even if you are not a member of the union, if there is a collective agreement concerning the parking arrangements, it is still incorporated into your contract. So you do need to check this. It is also worth checking if the university have a history of dealing with parking infringements by way of the disciplinary procedure (it would probably come under failure to follow a reasonable management instruction)

The company who collect the payment are http://www.combinedparkingsolutions.com/

Okay. I agree with the others - these guys will send you increasingly threatening letters but will (almost certainly) not push it to court.

Daisy

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Fergie76

If your Uni has a law department, go and ask them for some advice on PPC's.

Just ignore, if it was directly linked to your employment, as others have said, there would be no need for a PPC and they would deduct it straight from your wages and probably ban you from the car park for a period of time.

muckybutt

Even if parking is mentioned in your contract of employment your employer CANNOT FINE YOU

Please read this informative thread on pepipoo for the full lowdown on ppc's and contract law in relation to private parking etc. IMO this is not and never will be an employment matter. http://forums.pepipoo.com/index.php?autocom=ibwiki&cmd=article&id=56

And for that matter of the debt collectors, tell em to !!!! off, if you have to speak to em say i'll see you in court.

Fergie76

muckybutt wrote: »

Even if parking is mentioned in your contract of employment your employer CANNOT FINE YOU

Mine can!