Parking ticket - questions re: timings

Coupon-mad

Difficult when it's your employer but you should have asked HR to discuss with you the T&C for your car use, and then pointed out that the Fleet Manager had just paid an invoice which was none of their business. It's not a 'fine or penalty from any Authority' which is most likely the words on your contract. I would still do that now - this was surely likely to have been an unsupported deduction from wages and you can still raise it as a grieveance through the right channels.

Before 1st October there was no question of any registered keeper or car owner ever having any liability - for them it was zero liability, this was NOT theirs to pay. See these two links:

http://www.fleetnews.co.uk/news/2009/5/28/question-private-parking-fines-fleets-urged/30698/ this was written pre October so relates to your deduction and makes whoever paid it look stupid.

BVRLA (lease firms trade body advisor/representative) say Fleets should now just pass on drivers' details as per the Protection of Freedoms Act:

http://www.bvrla.co.uk/Lobbying_and_Campaigns/harmonising_road_traffic_legislation.aspx

If the lease co. (or your company if vehicle owner) falls for these scam invoices, then ANYONE with company letter-heading could write to any lease co./company Fleet Manager naming any vehicle reg number they know is one of theirs and demand a payment. Ridiculous and unfair on drivers of course! And seeing as all they need to to remove themselves from any potential liability now is to pass on the drivers details, all they would need is an extra line in the contract you sign, covering them to do just that.

Best advice if ever you get a fake PCN on the windscreen of a company/hire car is to write and appeal (and if it was in Eng/Wales) also use the POPLA appeals process. The whole letter chain is then hooked permanently in your direction and they will never write to the lease co or your company.

The only difficulty would be if you THINK you overstayed in a car park where there's a private camera system - you can't just 'wait and see' if a fake PCN gets posted to the company can you? I think I would wait a day or two then email the private parking company and say 'I was driving xxxxxx car reg and want to check if any ticket was flagged up around xx time on xx day as I want to appeal it due to the {delay at the till/whatever reason you fancy} so please treat this as my appeal. Be advised that you now have no reasonable cause to obtain details from the DVLA and if you do so I will report you to the DVLA for a breach of data.'

hieveryone

The_Slithy_Tove wrote: »

Check carefully your employment contract and the terms & conditions you agreed to on taking on a company vehicle. Unless either explicitly allows such payroll deductions, then they cannot do this, and could land themselves in trouble for doing so. It is HIGHLY unlikely this is the case, as a private ticket will almost certainly NOT come under such Ts&Cs.

Coupon-mad wrote: »

Difficult when it's your employer but you should have asked HR to discuss with you the T&C for your car use, and then pointed out that the Fleet Manager had just paid an invoice which was none of their business. It's not a 'fine or penalty from any Authority' which is most likely the words on your contract. I would still do that now - this was surely likely to have been an unsupported deduction from wages. See these two links:

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

BVRLA (lease firms trade body advisor/representative) say Fleets should just pass on drivers' details as per the Protection of Freedoms Act:

http://www.bvrla.co.uk/Lobbying_and_Campaigns/harmonising_road_traffic_legislation.aspx

If the lease co. (or your company if vehicle owner) falls for these scam invoices, then ANYONE with company letter-heading could write to any lease co./company Fleet Manager naming any vehicle reg number they know is one of theirs and demand a payment. Ridiculous and unfair on drivers of course! And seeing as all they need to to remove themselves from liability is to pass on the drivers details, all they would need is an extra line in the contract you sign, covering them to do just that.

Best advice if ever you get a fake PCN on the windscreen of a company/hire car is to write and appeal (and if it was in Eng/Wales) also use the POPLA appeals process. The whole letter chain is then hooked permanently in your direction and they will never write to the lease co or your company.

The only difficulty would be if you THINK you overstayed in a car park where there's a private camera system - you can't just wait and see if a fake PCN gets posted to the company can you? I think I would wait a day or two then email the private parking company and say 'I was driving xxxxxx car reg and want to check if any ticket was flagged up around xx time on xx day as I want to appeal it due to the {delay at the till/whatever reason you fancy} so please treat this as my appeal. Be advised that you now have no reasonable cause to obtain details from the DVLA and if you do so I will report you to the DVLA for a breach of data.'

Thank you both. Whilst I am writing as if it is my car, it is actually my partners company.

His name is not on any documentation regarding the car except through his workplace, so I assume if these private companies are gaining DVLA information, they would automatically get the companies details. I.e, if my partner was to be caught speeding on a camera, it goes straight to them, not him. (If that makes sense).

Coupon-mad

hieveryone wrote: »

Thank you both. Whilst I am writing as if it is my car, it is actually my partners company.

His name is not on any documentation regarding the car except through his workplace, so I assume if these private companies are gaining DVLA information, they would automatically get the companies details. I.e, if my partner was to be caught speeding on a camera, it goes straight to them, not him. (If that makes sense).

Speeding is only a Police matter.

The DVLA information would be whoever is listed as the registered keeper. If the car is a Lease Hire car, used by the company, then the PPC would get the Lease Hire address first = very likely to be paid, as many Lease co's haven't a clue about their own trade body (BVRLA) advice.

If this is not a Lease Hire car then the Fleet Manager at your partner's company has screwed up big time. This was only ever the business of the driver.

spacey2012

Yellow lines do not need a sign, without they are in force 24/7.
However where the sign is present it cancels the 24/7 element and the sign must be Clear and it must be compliant.
This is neither.
The council will refuse both appeals, thats how they work.
The parking appeals service will apply the law.
However if you are worried about losing the discounted rate, then it's not worth wasting any time explaining the appeal.
The sign is non compliant and the appeal to the adjudication should be upheld.

Coupon-mad

Yep but that sign will be in a bay and the OP's wheels must have been (partly) on a yellow line - hence the 01 contravention. There is no way that sign relates to yellow lines, it's a bay sign so it's not relevant to this PCN at all.

And the OP has a company car so I advised him to pay it now at the discount; he will not win an informal challenge and would then find his company paying it at the full whack - plus an extra fee perhaps from the lease co. if there is one.