ParkingEye fine and lease car

tams

Hi,

First of all thanks for all the helpful advice on here.

I have received a "fine" from ParkingEye for overstaying in the Range carpark just under 4 weeks ago. I say received, however my car is a company car owned via a lease scheme. The lease company wrote to me one week ago saying they'd received the invoice from ParkingEye but as it was a private parking company they would not be paying the invoice and instead sending them my details.

Obviously it's good they didn't just pay up. However, it took them nearly 2 weeks to pass on this information (together with a copy of the invoice) and so I was already past the 2 week point (had I actually wanted to pay the fine). Clearly I don't! But I am wondering what to do now. If it was my own car, fine I'd appeal it in all the ways listed here (again thank you for this). But what about the fact it is a lease car? As yet I have not heard anything directly from ParkingEye. Am I best taking the initiative and appealing it directly (so I can get a POPLA number), or do I wait until they actually do contact me? I am guessing it would be too much to hope that in some instances they don't even bother going after the driver rather than the registered owner?

Many thanks in advance.

Hovite_2

The issue of the car being leased has already been resolved for you, by the lease company surprisingly. They will have given your details to Parking Eye as the driver and you then get the chance to appeal once Parking Eye write to you. Once you get that letter then appeal and follow the process recommended many times on here. It's just a waiting game for you at the moment I'm afraid.

Guys_Dad

Absolutely correct, Hovite. And good on the Hire company too! (Unless they hit your card with an admin charge)

tams

Thanks very much both. I will wait until I get the letter through the post.

Yes I was pleasantly surprised by the lease company too (Leasedrive) - I have had a few problems with them over the years and I know a colleague had a real battle a couple of years ago when he was issued with a ticket incorrectly in a similar situation (his really was an error as he was at the opposite end of the country at the time) and they just paid up and then tried to chase him for the cash. They have obviously learned from their mistakes to my benefit.

Thanks again.

Coupon-mad

tams wrote: »

Thanks very much both. I will wait until I get the letter through the post.

Yes I was pleasantly surprised by the lease company too (Leasedrive) - I have had a few problems with them over the years and I know a colleague had a real battle a couple of years ago when he was issued with a ticket incorrectly in a similar situation (his really was an error as he was at the opposite end of the country at the time) and they just paid up and then tried to chase him for the cash. They have obviously learned from their mistakes to my benefit.

Thanks again.

When you get your Notice to Driver, challenge:

http://forums.moneysavingexpert.com/...php?p=62827554

and complain (in fact you can complain RIGHT NOW!):

http://forums.moneysavingexpert.com/...php?p=62837690

HTH

tams

OK I spoke too soon! The lease company have forwarded the notice to my employer, who have advised them to pay immediately (DAMN). I am having the money deducted from my net pay and they will then refund the money if I successfully appeal.

Please can anyone advise what to do now? Appeal to ParkingEye immediately to get a POPLA number? What about the fact the money has been paid? Work have said they will reimburse me if I can send them a successful appeal letter.

Sorry Coupon only just saw your post. I will write to the Range as well but would welcome any additional advice.

nigelbb

Unfortunately paying the charge will cut off the chance of an appeal to POPLA.

Incidentally unless there is something very specific in your contract of employment it is illegal for your employer to make any such a deduction.

Coupon-mad

nigelbb wrote: »

Unfortunately paying the charge will cut off the chance of an appeal to POPLA.

I am not sure I agree. POPLA does say that if a person wins an appeal then the Operator has to refund any monies paid.

I think that tams should send an appeal to the PPC quickly, saying that the amount has been paid in error by a firm not liable for it and as such, you are now out of pocket. So as you are the day-to-day keeper of the car wishes to challenge the charge as no more than 28 days has passed yet since the Notice arrived. Then say what the appeal is (signs were unclear and not seen by the driver on the day and/or the driver was a customer and has a receipt and so there was no loss caused) and ask for a POPLA code as you understand you have a right to appeal to POPLA and if you win, to have any monies paid refunded.

nigelbb wrote: »

Incidentally unless there is something very specific in your contract of employment it is illegal for your employer to make any such a deduction

Agreed, this is likely to be an illegal deduction I suspect.

Tams, I would refuse/dispute the deduction from your pay and lodge the matter as an official grievance - if you've worked there long enough and are secure enough not to worry about rattling a few cages over this.

Even if you feel you don't want to raise a grievance, still appeal the fake PCN asap as is shown on most threads, like here:

https://forums.moneysavingexpert.com/discussion/comment/62827554#Comment_62827554

No need to compound your STUPID fleet Manager's mistake by rolling over and taking this! The Fleet industry as a whole knew about this scam years ago:

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

...and in case they say 'the law changed in 2012' you need to know that the Protection of Freedoms Act 2012 isn't what they think it is and hasn't made them liable in your specific circumstances at this point in time. Because the lease firm had already taken the right steps to pass on your details, from that moment they immediately discharged liability to the driver ALONE and so this fake PCN was NO LONGER THE BUSINESS OF THE LEASE FIRM OR THE EMPLOYER AT ALL, IN LAW.

I would be angry about this if my employer was that stupid at my expense, after the Lease firm had handled the matter correctly, in law, to protect themselves and the employer from liability. What next, are your employers going to take it upon themselves to pay your paper bill for you and then make you pay them back (similar bill that isn't their liability)?!

tams

Thank you Nigel & Coupon.

Yes Coupon I am pretty annoyed with my employer and am raising this with them. Not as easy as you might think and it is extremely annoying - they are a big firm who should know better in my opinion. I am going to challenge and if they refuse to give me a POPLA code will proceed as you suggest.

It is so annoying when I was so pleased the lease company had done it all right! Anyway I will keep you posted.

EHBA

Try not to get into an e-mail war, particularly with the Fleet Manager, dialogue backed up by e-mail is better.

Assume anyone you speak to or e-mail knows nothing about Private Parking issues, so you have to educate them and point them in the right direction.

The company should write to you to authorise the deduction in salary and you don't necessarily have to make an instant decision to reply to it. They can't deduct it until you have authorised it. As this would normally come from payroll dept it is unlikely they will lose any sleep over a delay.

Somewhere along the line, either by e-mail or verbally I would suggest that you suggest the legal dept get involved.

The lease co have discharged their responsibility correctly. Get your appeal in quickly and copy the Fleet Manager and your line manager and confirm that as both the lease company and yourself have followed the correct procedure under POFA there is absolutely no obligation for the lease company to pay and no reason or legal grounds for the company to instruct the lease company to pay.

Perhaps most importantly for colleagues who get their company hats on, there is no liability whatsoever on the company.

Remember that the relationship between the lease co and the fleet manager is likely to be one of mutual and company self protection. Your legal dept would also have to consider the companies position in asking for a deduction in your salary.

Do your homework, google the section of POFA that refers to hire cars.

In relation to any admin fee that the lease co might wish to charge, ask if they charge for forwarding details of a speeding NIP.

For reference BVRLA appear to have recently updated their website and much of the useful info they had ref private parking does not appear to be there. We know what side they are on.

If anyone else wants to have a scout around their website please advise if anything comes up.

tams

Success! I put in my appeal to POPLA and they have confirmed today it has been found in my favour. Parking Eye failed to show a contract was ever there, and provided no evidence against it being an unreasonable charge. THANK YOU to everyone on here who helped.