Excel parking unfair fine

taffy056

Bircho wrote: »

Absolutely. As a previous poster said a current hire car agreement allows them to charge your credit card for any charges incurred whilst driving the vehicle and it is up to you to recover the costs back if you think it was wrong. There would be nothing wrong with putting a term in as you suggest, although it definately wouldn't be phrased as you have put, and then it would be up to you to recover them back. As it stands under the Employment Rights Act, there is absolutely nothing wrong with it as I see it (unless you can provide me with Case Law otherwise but I have never found any and I would be very intrested if you did).

I should add I am not supporting or otherwise the actions, I am just on a public forum joining a debate where I think wrong advise was passed on to someone. The advise originally given would have almost certainly been thrown out after ET3 submission.

You are completely and utterly wrong, no lease company has such terms in their contracts, they have sections that include fines and penalties only, I have seen many contracts on here from these companies I have yet to see one about private parking invoices. So please state facts instead of the urban unsubstationed myth you have just posted !!!

Bircho

bazster wrote: »

Are you seriously trying to suggest that there is a substantive legal difference between (i) an unenforceable contract clause in which the party relying on it would need to sue to attempt to enforce it, and (ii) an unenforceable contract clause where the party relying on it is in a position to help itself to the money without sueing?

I mean, seriously? Can't you see that there is no difference in law? Both clauses are unenforceable - the only difference is that in one case it is much easier than the other to act illegally.

Geez, I'm done with you. I just pity your employees and thank my lucky stars I'm not one of them.

I have never said that I or my company have these terms or that would apply them. I am saying that the term could exist and it would not be illegal.

Bircho

taffy056 wrote: »

You are completely and utterly wrong, no lease company has such terms in their contracts, they have sections that include fines and penalties only, I have seen many contracts on here from these companies I have yet to see one about private parking invoices. So please state facts instead of the urban unsubstationed myth you have just posted !!!

Without wishing to sound padantic, I said Car Hire company not Car Leasing Company. Big difference. And to support what I say, see Clause 7d of this one:

http://www.thrifty.co.uk/uk-booking-guide.htm

ManxRed

d All charges and legal costs for any congestion charge, road-traffic offence or parking offence, or any other offence involving the rental vehicle, including costs from the vehicle being clamped, seized or towed away. You are responsible for paying the appropriate authority or company for any charges and costs if and when they ask for these payments. You will also be responsible for paying our reasonable administration charges for dealing with these matters.

Private parking charges are not deemed to be 'offences' as no legislation has been breached in incurring them. A PPC invoice would not be included under that clause.

taffy056

Bircho wrote: »

Without wishing to sound padantic, I said Car Hire company not Car Leasing Company. Big difference. And to support what I say, see Clause 7d of this one:

http://www.thrifty.co.uk/uk-booking-guide.htm

Yes it doesn't mention private parking at all, only costs relating to clamping which will be illegal on private land come Monday , and penalties and fines from authorties, private parking companies are not

Half_way

This is clause 7D,( my bold)

d All charges and legal costs for any congestion charge, road-traffic offence[/] or parking offence, or any other offence involving the rental vehicle, including costs from the vehicle being clamped, seized or towed away. You are responsible for paying the appropriate authority or company for any charges and costs if and when they ask for these payments. You will also be responsible for paying our reasonable administration charges for dealing with these matters.

If the parking charge/fee/penalty demanded is a result of an offence then it looks like you should pay up, but if its a private ticket then you have commited no offence, as from what i understand an offence is a legal term.