Parking eye and lease car

craigdjmac

Hi there,

This is quite a complicated one, I parked my car for 2hours and 18 mins in charnock Richard services on the M6 back in 8th December 2013, when some might know, the max stay is 2 hours free.

Now I have a lease car through work via Inchape, I received my pay packet today with a deduction of £112 and the word Fine, so I enquired via our work and was informed it was the above stated offence, with no notification of the offence ie documents or paperwork they have paid it on my behalf without notifying or asking why, and deducted it from my wages today,

Now firstly is this acceptable?

Secondly they said I can appeal and basically write to them I've no idea what the times are, (no documents)

I know that day my mum was in the car with blue badges but is there any point because someone has already paid it,

There is another alternative the the GMB union apparently pay our parking fines as I have opted into the scheme, but again the lease company have all ready paid it so I feel as though this is one which has been paid beyond my control and should let it pass, however I feel aggravated that i can't really afford it as I'm all ready in an IVA

Redx

the first thing to start doing is for yourself and your firm not calling it a "fine"

its a parking charge invoice , not a fine, and the sooner you all realise that the sooner you can move on to the real matters here

its a pcn sent to the leaseholder, and that leaseholder is held responsible unless they name the driver in which case you will have got a new pcn in your own name, that is what they should have done

however, if they paid it then its their responsibility , not yours , so I dont think they should have deducted that charge and should not have called it a fine

so whilst you may have been liable for a fine or a penalty on your lease, I doubt that a private parking charge would have been covered, and I doubt that your union would pay a private parking charge either

this is what happens when everybody starts using the wrong terms and is why these private parking companies get away with it

a BB has no sway on private land, but the EQUALITY ACT 2010 does , if that is relevant

so my opinion is that under POFA 2012 the keeper was liable unless they named the driver, so if they didnt do so they should have paid the charge themselves and have no right to deduct it from any wages , mainly because its not a fine , never was and never will be

only a judge or a court can fine you

read this too https://forums.moneysavingexpert.com/discussion/4816822

The_Slithy_Tove

Sounds like an unlawful deduction to your pay.


However, we can't say for sure until we know the details of
a) the company car agreement you would have signed, and exactly what it says about fines, penalties, or any other charges (if it only mentions fines and penalties, what you had is neither of these)
b) what your contract of employment says about making random deductions like this.


You'll need to fight this. Sounds like you're in the GMB, so make them work for your union dues, and get them on your side. You will probably need to do a lot of education of both the union and your employer, so that they know the difference between an enforceable parking fine (e.g. council) and a private invoice (a private parking charge).

craigdjmac

Apparently it is in me contract that the lease company does pay the fines, and then re couperates the cost via our company,

There fore I presume that's the end of that,

also I've just been reading that I can't appeal as it's all ready been paid, as the lease company have "admitted "it

Therefore what options have I got left??? I've just submitted a claim to the GMB to be reimbursed, and they are looking into whether any rules have been broken regarding deducting my pay without notification

Redx

the lease company may well pay a fine, but this wasnt a fine , not sure you have got that point despite it being stated more than once

if the lease company paid it, then they should take the hit as they should have named the driver instead, costing them nothing

Stroma

This is not a fine!!!!!!! Please understand this!! Check your company policy on private parking invoices, if they don't mention it and only mention fines/penalties/tolls/congestion charges then they have unlawfully taken money out of your salary! This is something your union should involve themselves with!

Another thing is what does the lease agreement say? If it specifically mentions these invoices then that will be first for me. More likely they are not complying with the bvrla (their trade body) instructions to pass on liability to your company and onto you.

If your company doesn't help then you probably will need to send a letter before claim to the lease company demanding your money back. It's a tricky situation though as your company is the third party, or you are depending how you look at it.

craigdjmac

Ok sorry for using the word fine! Christ almighty it's a word,

This is what I got from our fleet coordinator..........

I note that you ask why you were not notified of said fine. We would like to advise that as per the Car Policy (attached and found on the Just Drive quoting site) for the Salary Sacrifice scheme via Centrica advises you that all fines and charges received by Centrica for your car would be recovered via your net pay to include an admin fee + VAT. Unfortunately the car lease handbook does not advise that we will contact you in the event of a fine received.

I hope this clarifies this matter and if you need anything further, please let me know

Stroma

Yes it's a word, but it's one that can cause confusion to others and that is why misleading terms are corrected on here !!

Centrica are wrong here this is again not a fine, and they are not liable for this. Ask them for the terms of the lease of the vehicle, you are entitled to them as you are expected to abide by those terms, so demand them!

Involve your union as I suspect that they have overstepped their mark on deduction of salary, this situation is only the responsibility of the driver, never the registered keeper. You need to fight this on many fronts to get your money back. So if you are not prepared to take on both the lease company and Centrica then accept the situation and move on.

But know one thing, this will happen again at some point, and again and again if you allow it

flashg67

The agreement to automatically pay all fines and charges is between Inchcape and Centrica so this may be where your challenge lies. Depends whether you want to potentially bite the hand that feeds you!

PS why the heck did you want to spend 2:18 at Charnock Richard - nice part of the world but the services is not, IMHO of course.

Redx

its more than a word, its a legal term for a punishment imposed by a court or a judge , its definitely not a legal term for a private parking ticket

until you understand the legal terms how are you supposed to defend yourself against others who dont know these legal terms either ?

you asked for help and were given it , the whole case here centres around the legal term of "fine" and how it was used to entrap you into paying by everybody else who has not interpreted it correctly

unfortunately you are taking it personally , as an affront to your posts , instead of using the term correctly in your defence

Half_way

As above the wording of your Terms and conditions is important, what you have received may look like a real fine/penalty, but it is nothing of the sort, what you have is whats known as a speculative invoice.
The problem with the lease company paying this without question is that any one could set them selves up a nice little earner by obtaining your details/registered keeper from the DVLA and sending off a parking charge notice, making your paycheck smaller each month, hence why pay any charge and pass it on to the driver/named person wouldn't be a wise thing to put into a contract/terms.

If you want help in getting your money back and/or stop this happening again then you need to do the following:
provide the exact wording of the lease/hire agreement, or a link to a website that contains the terms, if you cant post a link then just skip the first http://www. bit ( and maybe the last as well ie dot co dot uk instead of .co.uk )

all you have stated is this

The agreement to automatically pay all fines and charges is between Inchcape and Centrica so this may be where your challenge lies. Depends whether you want to potentially bite the hand that feeds you!

Another thing to think about with your approach to all of this is instead of biting the hand that feeds you , be friendly take hold of it and help it to understand the nature of the private parking beast, this will prevent others from falling into the same trap that you have, and it will also help educate employees/line managers etc etc so that they too, on a personal level will not fall victim to the private parking industry's smoke and mirrors set up.

A Google search has thrown this up, re Inchape, although its or Vodafone employees, all contracts/terms are probably the same, if not similar

Page
9
of
23
International Assignee
Document Iss 1c 310708
Section 3. Fines
3.1
Any fine or penalty charge incurred as a result of a traffic or parking offence is the
responsibility of the driver.
Where such a fine or penalty charge is addressed to Vodafone, the fleet management provider will pay it
immediately to avoid it escalating. Vodafone also incurs an administration fee for this service, the cost
of which may be passed on to the driver.
The Company may recover from the driver any fines or penalty charges and associated administration fees incurred

source: http://www.ifs.inchcape.co.uk/extranets/vodafone/extranet_pages/downloads/International%20Assignee%20Driver%20Document%20Iss%201b.pdf

what do your terms say (exact wording)???