help! i didnt park the vehicle..

ub400

hi advice needed.

my company has told me im responsible for a parking ticket a company van received whilst parked in an b&m car park.

the van was parked 40 mins more than the allowed time. the allowed time is 2hrs.

but i wasnt present when the van was parked and i wasnt present when the van was driven out from the car park.

however i did spend most of my 2 hr meal break in the van. in the time i was in the van i was alone.

i am liable for this ticket? if not who is?

thanks for any help.

KeithP

You need to sort this out with your employer.

Should be easy when you tell them you were not the driver.

Two hour meal break? Any vacancies?

Le_Kirk

I suggest you take this back to your company to sort out. Somebody drove the van in and somebody drove it out. If you were a passenger you clearly cannot be liable. Only the driver can be responsible (and assuming the PPC jump over the POFA hurdles correctly) the keeper - if the driver is not identified. Who has received the PCN, a named person or the company?

The_Deep

This is not something we can help you with, you need to sort this out with your employer.

ub400

hi thanks for your replies..

the thing is my company knows i wasnt the driver but they have told me im responsible for the fine.

they use this car park all the time for employees to swap duties. so the guy who was driving was doing exactly what the company told him to do.
usually the van isnt in the car park for more than the allowed time.

so im pretty sure im not legally bound to pay this. the letter i was handed by my manager was addressed to the company and not me.

in your opinions would the other driver be liable and if so would he have grounds to appeal?

i doubt my company have any kind of arrangement with the landowners that allows them to use the car park but i cant be 100%.

thanks.

Redx

Impossible to know if the driver has ground's to appeal

If your company want out then tell them to read a 7 year old law called POFA , then they should inform the parking company who the keeper ( or driver if they know the driver's details) is

Once that person has their own PCN in their own name , they can appeal it

But whilst the PCN is in the name of the company , it's their responsibility under POFA , not yours

They should name you as Keeper if they want to pass the responsibility onto you , that is the law

ub400

also my union rep advised me to pay and then put a grievance in but im not sure thats the best thing to do..

ub400

thankyou for your reply redx.

i think il tell them they need to do that ��

Redx

Your union rep and your manager should read POFA before passing on poor advice

They have had 7 years to study it and implement it , so educate them

I assume this happened in England or Wales ???

If your company receives other invoices like for diesel etc in their own name , they are responsible for those invoices , this is no different

That PCN told them to name the driver (or keeper) , which is what they should do , name you as day to day keeper on the day in question

ub400

Yes happened in England. I feel company is trying not to name any drivers as they know they shouldnt be using the car park.

Redx

Then they name the keeper, you , if they require you to deal with it

Once they pass on your name and address , they are no longer liable , how hard can it be ??