Company Car Drivers - What Should THEY Do?

bod1467

I finally got feedback, as per below. It seems all the lease companies work on the basis of "we pay it then reclaim". I've already replied to the fleet manager regarding my concerns about this approach, and that it potentially leaves the company open to legal action if salary deductions are made in such circumstances.

Lease Co 1:
Many thanks for your email. Whilst I cannot comment or express an opinion on the "Company" car policy I can advise that "Lease Co 1" are dealing with any fines or parking charge notices received in accordance with what was agreed in the MHA and at implementation. There was a change in the law on the 1st October 2012 with regards to parking charge notices received from private parking companies when the Protection of Freedoms Act came into force. This act gives private parking operators the right to demand the payment of a parking charge notice by the registered keeper of a vehicle (rather than the driver as previously). If "Lease Co 1" receives such a demand then unless we can show that, at the time the vehicle was parked it was stolen or not actually registered to "Lease Co 1", we pay and reclaim the charge from "Company" as agreed.

I hope this helps but if you have any questions please let me know.

Lease Co 2:
Private parking companies now come under Schedule 4 of the Protection of Freedoms Act 2012 and have to adhere to strict guidelines. The law governing private parking companies changed in September 2012. It may be that "Company" have to change the wording of their UK Car Policy to include “invoices from private parking companies”, but this would be down to their own legal people. If you need anything further please let me know.

Lease Co 3:
We appreciate the drivers concern with the parking fines & we have already consulted with the legal team regarding this matter. "Lease Co 3" should be paying fines upon receipt or transfer the liability to the client. If we were to do this, it would have to be the whole account.

The fines team do however check certain parking authorities if we are under any suspicion they are not fully compliant with the British parking association.

The driver has a right to seek legal advice, but should not research private parking companies using internet forums etc as this can be out dated. The driver also needs to be aware of the 'protection of freedoms act' 2012 (section 4) which advises the registered keeper are responsible for the charges of private land fines if the driver is not known at the time or the offence is caught on a camera operated device.

We advise all drivers to make sure they are aware of the terms on site for any car park or council regulated parking spaces & roads to avoid these charges.

I trust this is as required however should you require any further information, please do not hesitate to contact me.

Lease Co 4:
The MCHA does not differentiate when talking about fines, between authorities.

I think this is going to keep going backwards and forwards "person name" if the driver does not get the response that he wants. Really I think he needs to be referred back to his company if he has an issue with processes that they have agreed.

From what I understand, he is not currently disputing a fine.

PS - what does MHA/MCHA likely refer to please?

peter_the_piper

Line of least resistance, pay up and reclaim. I'm still trying to work out who the relative "Authorities" are.

surfboy1

But the PoFA allows the lease company a get out clause, (cant recall the exact clause just now).So, it would be easier for the lease company to use that clause than to just pay up!

Guys_Dad

Refer the leasing companies to the BPA CoP.

Lots or relevant sections re hirer but in my view, here is the clincher

14 Misrepresentation of authority
14.1 You must give clear information to the public about what parking activities are allowed and what is unauthorised. You must not misrepresent to the public that your parking control and enforcement work is carried out under the statutory powers of the police or any other public authority. You will be breaching the Code if you suggest to the public that you are providing parking enforcement under statutory authority.

14.2 You must not use terms which imply that parking is being managed, controlled and enforced under statutory authority. This includes using terms such as ‘fine’, ‘penalty’ or ‘penalty charge notice’.

Now, if the BPA define the charges as NOT being fines, then what more proof does a leasing company need?

Refer them to here http://www.britishparking.co.uk/write/Documents/AOS/AOS_CoP_June_2013_update.pdf

peter_the_piper

Why use logic and guidance when you can get £30 a pop from the hirer plus "Fine"

Coupon-mad

surfboy1 wrote: »

But the PoFA allows the lease company a get out clause, (cant recall the exact clause just now).So, it would be easier for the lease company to use that clause than to just pay up!

But supplying the details they need to provide under the POFA would take a lot more time - which is why they might prefer to pay, and make a bit of an admin fee, to boot!.

http://www.aldnews.co.uk/eInsight/images/files/Road_Traffic_Offences_Guide%20New%20Sept%202012.pdf

That's a newish looking leaflet from the BVRLA I hadn't found before and it makes the option of just paying look soooo much easier, that's the trouble.

HTH

zzzLazyDaisy

Okay, speaking with my employment lawyer's hat on for a moment...

Where an Employer has signed up to a contract as a hirer of a leased car, which it then provides to an employee as a company car, the employer is bound by the terms and conditions of that contract.

Once it is accepted that the Employer is legally bound by those terms and conditions, the payment becomes a valid payment. Provided the employer's company car scheme clearly states that any payments due under the lease contract are recoverable from the employee and will be deducted from the employees wages and there is a document in existence consenting to deductions from wages (often a contract or the company car scheme itself) that has been signed by the employee, then for all practical purposes, it's a done deal.

What I what I would do if I were an employee in this situation would be to write to my employer referring them to sched 4 para 12 of PoFA 2012 (see below) and ask the employer to instruct the Lease Company that in the event of a PCN being received from a private parking company the lease company should provide a copy of the lease agreement to the landholder* and instruct them to contact the company direct (who can then identify the driver and leave them to deal with the matter if they so wish).

*No idea how the lease company is supposed to find out who the landholder is, given the difficulties some of our posters have. I suppose they'd have to forward the agreement to the PPC and ask them to forward it to the landholder....

The problem is that the employee would have to do all this BEFORE any parking 'event' takes place.

There is no guarantee that the employer will agree to do this, and there is always a possibility that this course of action may mark the employee out as a 'trouble maker'. Bearing in mind that anyone who started employment after 5th April 2012 need at least 2 years service before they have legal protection from unfair dismissal.

However much I'd like to see the PPCs swing - I would not want to anyone to put their job at risk over a parking charge. So please do tread carefully.


PoFA 2012
12.1 A person or organisation hiring a vehicle from a hire company is
responsible for any parking charges during the hire period if they have
signed an agreement with the hire company accepting liability. In those
circumstances the hire company cannot be liable for unpaid parking
charges during the period of hire if they provide a copy of the relevant
hire agreement documents to the landholder within 28 days of receiving
a notice to keeper in the post.