potential parking ticket

Stephen_Leak

They'll just pay up, so that they can then get the money back plus their equally excessive "administration charge" from you.

I sometimes wonder who are the bigger pirates in cases like this.

You're not the first person to be in this situation.

Coupon-mad

haras_nosirrah wrote: »

but masterlease will know I was the driver as they called the AA to help me in that car park so surely they will pass this info on?

That would be a good thing if they just give your details. Then you could ignore all the letters.

What you don't want is for the Lease co to pay it under ANY circumstances so write and remove any consent, implied or otherwise, as far as parking charge notices (fake PCNs from private companies) are concerned. I would write snail mail to the Lease company and cc your own employer -certainly include the HR and/or fleet manager and/or line manager. Quote specific paragraphs and phrases about 'fines' from your lease car t&cs if they support your side of things (most do not cover fake PCNs which are not fines).

Remind them that they know the situation with the AA which is on record with the Lease co, and they know you were driving because of that. Tell them that if they do get a letter from a parking company or debt collector about that car on that day, to pass all the letters to you to deal with or if they prefer, to name you as the driver. Tell them that you will not be paying but that's your prerogative and they (your employer nor the Lease co) have absolutely no liability for a civil allegation of breach of contract.

Read the recent thread by MacBudman:

https://forums.moneysavingexpert.com/discussion/3748269

I would read a copy of your car lease t&cs on Monday and see what it says. If it talks about 'fines/penalties' from 'authorities' (which most do) then this fake PCN is not covered and they can't lawfully deduct a fake PCN charge from your salary.

But you would have to be the one to point out the difference to them (including your HR Manager and also your Union rep if you have one) - and do it clearly, now, up front like MacBudman has done. Do not be bullied or misled by any Manager who thinks this would be a 'fine'.

haras_nosirrah

From the company handbook

20. PARKING FINES & CONGESTION CHARGES [FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman]When you incur a parking fine or an unpaid congestion charge, this should be paid immediately. Any fines that are paid by the Company will result in an additional handling charge (see attached scale of charges), which will be deducted from your salary. The resulting salary deduction will thus be in the region of three times the cost of the original fine. It is the drivers responsibility to ensure they are fully aware of all area’s and times that such offences may be incurred. Refunds will only be given when a full refund has been obtained by the Company from the issuing authority.
[/FONT][/FONT]

haras_nosirrah

I have just written the following email to the lease department. Does this sound ok before I send it

Hi
I will probably be getting a parking ticket for overstaying the 90min limit in Lidl car park. I accidentally locked my key in the car and the AA had to come and free the car. I told Lidl what had happened and that I was not able to move the car. The parking company weren't there as it was a Saturday so I left my details with the manager of the store. The AA was booked through Masterlease so the circumstances of my car being there will be known.
As this is not a penalty charge from the council but an illegal parking charge from a private company I would want to dispute this as it was not reasonable for me to remove the car as I wasn't physically able to do so. If they look at the cctv they will be able to see the AA man working on the car and him parking behind me
I am concerned that the company may pay out regardless and charge me an admin fee. Is it possible to have some assurance that this will not happen.
Thanks

ric3vic

I may be too late, and with deference to people here who know more than I:

I suggest para 2. Simply state that "this is not a penalty charge or fine. It does not fall within the terms stated in the company handbook. You have no authority or obligation to pay this charge on my behalf. Please forward all correspondence to me. Note that I am not liable to reimburse you either for this alleged charge or for any administration fee."

27col

Another thread that we should be kept up to date on OP.

haras_nosirrah

I have sent the email to the fleet with the amendment suggested by 27col

will let you know how I get on

Can really do with not being stressed out at the moment but don't have money to throw away

haras_nosirrah

Stephen_Leak wrote: »

PS. My car can lock the keys in the boot. I've stuck an emergency key (without an immobiliser chip) underneath.

Unfortunately our spare keys are held at head office who aren't open today otherwise I would have got my husband to bring the spare round.

Stephen_Leak

haras_nosirrah wrote: »

From the company handbook

20. PARKING FINES & CONGESTION CHARGES [FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman]When you incur a parking fine or an unpaid congestion charge, this should be paid immediately. Any fines that are paid by the Company will result in an additional handling charge (see attached scale of charges), which will be deducted from your salary. The resulting salary deduction will thus be in the region of three times the cost of the original fine. It is the drivers responsibility to ensure they are fully aware of all area’s and times that such offences may be incurred. Refunds will only be given when a full refund has been obtained by the Company from the issuing authority. [/FONT]
[/FONT]

It isn't a fine.

Only councils, the police and Transport for London can impose legally enforceable fines or penalties.

Private companies can't. Anything they issue, whilst they might try to imitate a penalty charge notice, are speculative invoices.

Stephen_Leak

haras_nosirrah wrote: »

Unfortunately our spare keys are held at head office who aren't open today otherwise I would have got my husband to bring the spare round.

Get one cut?