Work paid parking fine - now taken money from wages without knowledge!

nyermen

If he was standard employment with the employer, isn't there a legal point about not being allowed to pay less than minimum wage even with deductions? Please shout me down if not?

KatrinaWaves

nyermen wrote: »

If he was standard employment with the employer, isn't there a legal point about not being allowed to pay less than minimum wage even with deductions? Please shout me down if not?

That does not apply to the final pay packet, this is when they can recover training costs etc

Mumtobe2016

Hi everyone, thank you for your replies. Sorry for being quiet - had a poorly baby to look after!

Husband has phoned his ex employer to discuss the fine and it seems they don't know where in the contract it states they can deduct the money! They told him they pay the parking fines which he stated it wasn't a fine but an invoice (thank you for the advice in that). So they are looking into it and will send him copies of contract, and lease van agreement, which states the specific points to paying fines and taking payment.
He accepts he parked there, albeit he didnt realise it was private land as signage was rubbish! Just doesn't agree with the full "fine" being paid and the money automatically being taken, when in the previous letter it had given him option to appeal or set up a payment plan.
He has contacted citizens advice, who feel the company have over stepped the mark by offering these options but then taking the money anyway, and put in touch with ACAs. He now needs to write his appeal, as he did at the start but didn't send due to the monies being taken, but include his grievances about how the situation has been handled since. See where that takes us.
I feel the money has gone and it's a lesson learnt to check EVERYWHERE before parking his van!

Thank you again for all of your advice - will keep you posted on how it goes!

oldernonethewiser

Make sure in his appeal he doesn't use the word "fine" as it it is not one.


Very often signs in private car parks are found to be inadequate and therefore, on appeal, many invoices are dismissed as being unenforceable.


If the ex-employers took the money without his permission then he will be able to recover it.

Mumtobe2016

Hi everyone - so quick update and a wonder what everyone thinks.
His old company have FINALLY sent him his policy and contract, highlighting the parts that they day shows why they paid and have taken the money.
We have 2 points about this and would like your opinions please
1. The contract says the word "fines" all the way through it. He is responsible for the fine, if the company pay the fine then they have lawful right to take the money from his wages to pay the fine. But as you have all states this was not a fine but an invoice... ����!♀️
2. The registration document he signed was for an old van and the policy specifically states this policy is in place regarding van registration- and then has a space. The registration in this space is for his old van and they didn't ask him to sign a new one for the new van (which he has recieved the invoices for). Is this just a technicality and it doesn't matter which van, as he has signed the agreement?

Thanks again

pinkshoes

Mumtobe2016 wrote: »

1. The contract says the word "fines" all the way through it. He is responsible for the fine, if the company pay the fine then they have lawful right to take the money from his wages to pay the fine. But as you have all states this was not a fine but an invoice...

This isn't a fine so this clause is irrelevant. They cannot deduct it from his salary using this clause.


Lots of these parking invoices can be easily disputed and therefore no need to pay them.

oldernonethewiser

As already stated, and mentioned before, it isn't a fine.


If they have evidence of a "fine" then they should forward that to you. If they haven't they have no right to the money.

Undervalued

oldernonethewiser wrote: »

Make sure in his appeal he doesn't use the word "fine" as it it is not one.


Very often signs in private car parks are found to be inadequate and therefore, on appeal, many invoices are dismissed as being unenforceable.


If the ex-employers took the money without his permission then he will be able to recover it.

Maybe, plus we could debate "many and "very often" but that doesn't matter. What may matter is whether these particular ones come into that category.

Given that this is now an employment dispute rather than a direct argument with the parking company it may well hinge how literally a district judge interprets the word "fine" for this contractual purpose. In a civil enforcement area a council issued penalty (e.g for parking on double yellow lines) is arguable not a "fine" either but there is little doubt that this contract would be intended to include such penalties / charges too.

Also, as I said earlier, parking a company vehicle on private property without permission could certainly be a disciplinary matter as it brings the company into disrepute.

Frankly I wouldn't recommend taking the old employer to court over this. Maybe try to reach a compromise and settle for the lower amount that could have been paid had it been dealt with promptly?

oldernonethewiser

Undervalued wrote: »

Maybe, plus we could debate "many and "very often" but that doesn't matter. What may matter is whether these particular ones come into that category.

Given that this is now an employment dispute rather than a direct argument with the parking company it may well hinge how literally a district judge interprets the word "fine" for this contractual purpose. In a civil enforcement area a council issued penalty (e.g for parking on double yellow lines) is arguable not a "fine" either but there is little doubt that this contract would be intended to include such penalties / charges too.

Also, as I said earlier, parking a company vehicle on private property without permission could certainly be a disciplinary matter as it brings the company into disrepute.

Frankly I wouldn't recommend taking the old employer to court over this. Maybe try to reach a compromise and settle for the lower amount that could have been paid had it been dealt with promptly?

In that case it is a poorly worded contract and leaves the sort of loophole that people use.


I agree it is an employment issue.


Up to the OP if they wish to pursue it.


Personally, I would.

getmore4less

I would be expressing concern that the company seems happy to pay out money without checking the requests for payments are legitimate.