LDK Group "Parking Charge" in underground key-fob access carpark

alex.h

Hey,

I expect I know the answer already but I just want to be extra sure!

The facts
* I live in a flat complex with underground parking only accessible by an RFID fob.
* Each flat is issued a parking bay (first come first serve) plus a thing to stick to your windscreen (with bay number on it) that you sign for on receipt.
* As my girlfriend lives elsewhere and only comes up at weekends, she keeps the card slip in her glovebox - she hasn't peeled it off and stuck it to her windscreen.
* She drives a company car (leased fleet vehicle) with me as an extra named driver on it.
* The parking area is managed by LDK Group.


This morning at 09:05, a "Parking Charge" was placed on her car for £90 (£60 if within 14 days, £140 after 28).

Am I right in thinking that we don't have to pay it? Instead informing the lease company that they may be hearing from LDK Group regarding this and NOT to pay the charge, forwarding all correspondence straight to my girlfriend and allowing her (us) to ignore the demands for money?

She was issued a "Parking Eye" charge a while back which the lease company immediately paid, then took the money out of her wage (which was utter crap really!)

I'm hoping that it doesn't have to be paid, but just wanted to check with the community to see if anyone can just verify that for me!!

Cheers in advance

Kite2010

I like how even though the car-park has gates which are only accessible by a RFID fob the management still hired a leach to "protect" the car-park.

I hope your other half complained about the illegal deduction of wages.

I would normally shout ignore, but as there is a lease company included, it's harder as they normally pay anything which passes their way and pass on the cost (plus an admin charge) to the person whom had leased the vehicle.

taffy056

Actually the lease company could be breaking the terms of lease, only the driver could be liable for this charge, by paying it they are taking away an option to appeal or not pay for you, check the terms very carefully, also deducting wages for this is illegal, involve her union in this if she has one.

Inform her employers and lease company in writing not to pay this unenforceable invoice, print this out to show the fleet manager

http://www.fleetnews.co.uk/news/2009/5/28/question-private-parking-fines-fleets-urged/30698/

Whatdoiknow

I'm sorry but I have to mention again, deduction from wages may not be illegal if in the terms of using a company car it states that any charges resulting from parking or other may be deducted from the driver. We do that and have not yet had anyone claim it was illegal.

Secondly some leasing companies do pay the charge straight away, one actually told me that their lawyers suggested they should pay, and yes they do add an admin fee.

taffy056

This charge is not enforceable, its a spurious charge, and deducting wages for this is not legal. In regards to the leasing company act fast, give them your name & address and tell them to inform the PPC that is the driver of the car if you wish, if you tell them not to pay and they do anyway take them to the small claims, actually you should take the leasing company and company to the small claims for the first invoice.

HO87

Whether the deduction from wages is permitted the fact remains that by paying this "charge" without reference to the OP the company has effectively prevented them from defending their rights. I suggest that he raises a grievance (following his company's procedure) to seek repayment of the amount. If his grievance is unsuccessful (including the various permitted escalations) then I suggest he contacts ACAS (08457 474747, M-F 0900-1630) and seeks their guidance in how to obtain a refund.

As for the lease company, Taffy056 is on the money. Let them know - in writing - that you do not want them to pay it and to direct enquiries to you. However, I would not suggest that you tell them to identify you as the driver - simply as the person to contact.

mikey72

Whose space was she in?
Do you have a car as well, and do you pay for the two spaces?

alex.h

Awesome, thanks all for your replies.

HO87 wrote: »

As for the lease company, Taffy056 is on the money. Let them know - in writing - that you do not want them to pay it and to direct enquiries to you. However, I would not suggest that you tell them to identify you as the driver - simply as the person to contact.

Aha great, thanks! Will make sure to stress the 'contact, not driver' bit!

mikey72 wrote: »

Whose space was she in?
Do you have a car as well, and do you pay for the two spaces?

She was in the space that we have allocated - we only have one space (and one car between us). No other vehicle uses that spot.

alex.h

Hi all, apologies for bumping an age old thread but it's the same issue.. so for continuity...

It has recently transpired that over the last week, the lease company received a demand notice for the full amount (which for some reason was now £150 instead of £140) and immediately paid it. We had already informed the fleet company (who lease the vehicles through a separate lease company) who apparently failed to pass on the message.

HR has been informed not to take the payment out of wages but what's our next step? Do we write to LDK Group or the lease company? And what needs to be said?! If it was our own vehicle it'd be easier but as we have to go through fleet and then lease to get to LDK I'm a bit confused...

Any help greatly appreciated!

AlexisV

Just contact the lease company. But first of all, find out the exact wording of your contract with the lease co. Feel free to ask them for a copy.

Ultimately, if the lease company doesn't play ball you may have to issue county court proceedings against them.

alex.h

So contact the lease company straight away informing them we are not willing to pay for this charge, and don't contact LDK Group/charge issuer?
Sorry, just want to be über clear!