Parking "Fines" & Lex Autolease

bazster

Whatdoiknow wrote: »

If it is anything like our Company then he should have signed an acceptance of the driver handbook.

And if he did, he signed an acceptance that they will make deductions from his salary for fines. It apparently says nothing about speculative invoices or damages for alleged breach of contract.

Ergo, to deduct the cost of those from his pay packet would be illegal, and he would be well within his rights to take them to an Employment Tribunal over it, should he wish to.

Whatdoiknow wrote: »

I have had this discussion several times on here and as much as I detest these charges our company will deduct them from the employee if already paid by the leasing company.

And may well be doing so illegally, depending on exactly what the company has agreed in writing with the employee.

Whatdoiknow wrote: »

But unfortunately I can only do so much, the leasing companies are pillocks when it comes to this but our hands are tied by the contract with them and that unfortunately I don't get involved in teh contract details.

If your company finds itself at an Employment Tribunal as a result of making illegal deductions from pay it will find out pretty darn quickly that its contract with the leasing company is completely and utterly irrelevant, the only agreements that will matter will be those with the employee. And if those agreements do not confer the right to make deductions from salary with respect to any Tom, !!!!!! or Harry who comes along alleging that the employee owes him money, then it's an open-and-shut case. Your company would lose, because its actions would be illegal.

Whatdoiknow

bazster wrote: »

And if he did, he signed an acceptance that they will make deductions from his salary for fines. It apparently says nothing about speculative invoices or damages for alleged breach of contract.

Ergo, to deduct the cost of those from his pay packet would be illegal, and he would be well within his rights to take them to an Employment Tribunal over it, should he wish to.



And may well be doing so illegally, depending on exactly what the company has agreed in writing with the employee.



If your company finds itself at an Employment Tribunal as a result of making illegal deductions from pay it will find out pretty darn quickly that its contract with the leasing company is completely and utterly irrelevant, the only agreements that will matter will be those with the employee. And if those agreements do not confer the right to make deductions from salary with respect to any Tom, !!!!!! or Harry who comes along alleging that the employee owes him money, then it's an open-and-shut case. Your company would lose, because its actions would be illegal.

Our car policy specifically states all parking "charges" relating to the vehicle.

ManxRed

But the OP's doesn't, its at post #9.

surfboy1

So, whatdoiknow, your company just pays out on any speculative invoice do they?

HO87

Going toe to toe with an employer with whom you would wish to maintain a reasonable relationship with may not be the best course of action.

There is at least one case either on here or PePiPoo where a rental company - Sixt comes to mind - attempted to do just this and the poster was able to get them to refund the charge. I will search for the thread as the OP included drafts of his emails and letters.

EDIT: Found it on PePiPoo - Click Here

bazster

Whatdoiknow wrote: »

Our car policy specifically states all parking "charges" relating to the vehicle.

And I'm pretty sure that if it were put to the test in a court or tribunal it would be found that the terms "legitimate" and "enforceable" were implied in front of "charges", and hence your company would still lose.

In any case, as has already been pointed out, even if the OP has agreed (in writing) to the "handbook" in question, it only refers to "fines". It really isn't much help to the OP for you to advise him what goes on (possibly illegally) at your company when it is manifestly different to his company.

bazster

HO87 wrote: »

Going toe to toe with an employer with whom you would wish to maintain a reasonable relationship with may not be the best course of action

I agree, I've only harped on about it because the OP seemed to express a willingness to take on his employer - but even so I gave him a disclaimer!

maybenothelpful

There is simple way to avoid these charges - don't park where you shouldn't, or pay to park if there's a charge. And if you do get a penalty pay it yourself rather than leaving your leasing company to deal with it.

trisontana

maybenothelpful wrote: »

There is simple way to avoid these charges - don't park where you shouldn't, or pay to park if there's a charge. And if you do get a penalty pay it yourself rather than leaving your leasing company to deal with it.

What PPC do you work for?

taffy056

maybenothelpful wrote: »

There is simple way to avoid these charges - don't park where you shouldn't, or pay to park if there's a charge. And if you do get a penalty pay it yourself rather than leaving your leasing company to deal with it.

Its not a penalty though, its just CP PLus who is a private parking company, and who have no legal right to issue a penalty.

I would say the fight is between Lex and the OP myself, as they are the ones going against their trade body's recommendations. If it was me I would demand the payment back including the admin fee in a LBA and issue proceedings against them, as the Lex contract wouldn't include speculative invoices.