ECP - PCN Company Car (Lease Car).

CharlieJB

Dear Forum
Long story. PCN issued by ECR - Institute Road , Kings Health. As only the keeper of the Car and due to the Christmas break, the PCN was only received by my companys "Fleet Manager" on the 2nd Jan having been previously received by the Car Owner (Lease company) on the 12/12/17. The parking event was 5/12/17.

Unfortunately the "Fleet Manager" immediately paid the PCN in full £100 ! and then kindly advised me that I am to have a £100 + £25 (lease company fee) taken from my next salary.

I have a case for appeal to ECP - as they have not considered the grace period in the parking duration and only have Entry and Exit timings from a ANPR camera. By their calculation (not declared in the PCN) the car overstayed by 25 mins.

However, as previously mention the nice Mr Fleet Manager having paid the fine (without any contact to me) has then resulted in the on-line ECP appeal facility to be now block , as PCN is considered "processed".

I am now drafting an appeal letter to ECP - my question is does the forum believe it to be at all worth it ? are ECP obliged to consider any appeal if the PCN is already paid ?

I note that with the BPA CoP it states "If a motorist pays a Parking Charge Notice and then
appeals, you do not have to consider the appeal unless you opt to do so."

So I am fearing the worst.

Thanks

Redx

if it has already been paid then as keeper/lessee you have no appeal route at all- you have been denied the right to appeal this by the fleet manager taking unilateral action

any case that you have is against your employer if they deduct the money from your salary

ECP have no obligation to hear your appeal and will not bother seeing as it has been paid

if you are in a union, then take it to them and get their free legal advice service to act on your behalf against the employer or the fleet manager

if they deduct the money from your salary then you may have a legal case against them , so again you would need to consult a solicitor if this happens

until the money is taken from you, you probably do not have a case because it has not happened yet

the terms and conditions of your lease on this vehicle, plus your contract oe employment are crucial in this case

if the company talk about paying a "fine" or a "penalty" , this was neither so keep that in the front of your mind , its an invoice from a private parking company with no regulatory authority

if the lease company or your company are members of the BVRLA, you may be able to take it up with the BVRLA for arbitration

Coupon-mad

Fleet Manager owes you £100. His fault, he's wrecked and removed your appeal window.

Oops, careful, this is your job at stake but he's an idiot and he cost you this money unnecessarily.

CharlieJB

Thanks for the replies - my fears realized.

Half_way

It is of vital importance that you do NOT refer to this as a fine when dealing with your fleet manager, lease company or any one else.
Doing so will make it hard to get your money back, and could cause issues later on in the future, it is not a fine.

What does your lease/ vehicle documentation say about fines and other charges? if it mentions fines, then as this isn't a fine, and thou have re enforced this fact to the fleet manager, you should be able to get your money back.
Do NOT refer to it as a fine.

DoaM

As per post #5, check exactly what your company's Car Policy wording states with respect to parking. For example my own company's Car Policy says this:

Charges and Fines
Company drivers are responsible for paying all parking, speeding or other fines. Such fines must not be left unpaid as this will result in the authorities taking action against the Company. The Company will deduct any fines or penalties direct from the employee’s salary.

As you can see it is explicit with respect to fines and penalties ... parking invoices from the likes of ECP are neither fines nor penalties. If your Car Policy is similarly worded then your fleet manager had no business paying it as there was no contractual basis to do so.

CharlieJB

POPLA descision Successful - I have posted under the POPLA decision sticky. Won based on that the driver of the vehicle has been identified as per Protection of Freedoms Act 2012 (PoFA 2012). When I requested a POPLA number ECP refunded the fee paid to the aforementioned Fleet Manager.

Coupon-mad

You did very well to get this as far as POPLA, so how did you get ECP to consider an appeal after all? Did you involve the BPA to complain?

Have you had your full refund yet including the waste of time £25 'fee' for the Fleet Manager's knee-jerk decision to pay a scam ticket?

The Assessors summary suggests you didn't appeal using 'no hirer liability' (which you 100% should have done and were lucky she spotted it).

:T