help! i didnt park the vehicle..

ub400

ok thanks again for your help. i will inform tomorrow i wont be paying!

KeithP

And once you have been named as the keeper, your are responsible.

Your easy get out is to then give the PPC the name and address of the driver.

It is then no longer your problem.

ub400

would there be any come back on the company for using the b&n car park?

afterall its the company that is telling us to use it. thats why i think they dont want to name the driver incase they appeal and it comes out.

kimplus8

you did not dive the van, nor did you park it there or drive it away. Regardless of your status as a passenger, it is NOT your responsibility. I would email whoever gave you the fine and told you to pay it and state that you did not drive the vehicle, nor did you park the vehicle in that location or drive it away from that location so can they please evidence to you why you are responsible for the fine?
Ask them why they feel it is okay to pass the fine on to an employee that is not legally responsible for this action, IN LAW, according to POFA.
Once you have their reason in writing I would then write back explaining that as you are not the registered keeper of the vehicle nor the driver in question, you will not be paying the fine.
Then you have a paper trail of the circumstances and they can not come back at a later date to say that you were the driver.
The union rep clearly has no idea what he is talking about because if he did he would not be advising you to pay for the fine or accept liability in any way.

Redx

Once they name the Keeper they have no liability , so once the PCN is in your name it's your problem

My advice is that the driver and Keeper stop using this car park in future , and don't use other private companies car parks without permission

If your company want out , they should follow the law

ub400

thanks once again everyone for your help and replies. :-)

ub400

hi again.

my union rep has told me he has spoke to management regarding the notice. the management are still saying i have to pay.

so i have no intention of paying and if they want to pass responsibility to me they need to pass my details to the parking company.

would your advice be to say nothing or inform management of my intention not to pay?

thanks.

DoaM

Have you told your union rep that he/she should be protecting YOU not the company? Have you explained that you have no legal or contractual* obligation for the charge?

* Why are the company insisting that you are responsible? Was the vehicle booked out in the company register to your name? (Even though you weren't the driver). This could make you contractually liable (per your contract of employment) depending on your employment terms.

As said above, inform the company that you won't be paying it. If they believe it is your responsibility then they need to absolve themselves of any liability by responding to the PCN to name you as the keeper of the vehicle. (It is important that it is worded this way ... you were NOT the driver therefore they must not say you were).

ub400

i will be informing the company tomorrow when i return to work.

am i legally the keeper of the vehicle then when it is in my charge? ie i have the keys?

the keys were in my possession for 2 hours of the 2hrs 40mins the van was parked in the car park.

thanks.

waamo

You are the keeper. It is your responsibility and all the company need to do is name you as the keeper.

If you name the driver it becomes their responsibility. If you don't name the driver it remains your responsibility. It's that simple.