help! i didnt park the vehicle..

Redx

ub400 wrote: »

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.

Yes

You were the keeper that day

Your company needs to follow the law named POFA if they want out

I have no idea why they don't just follow the simplicity of naming you as keeper and hirer on the day in question , they save themselves all the hassle and you then receive a PCN in your own name , for you to deal with

It is up to you if you name the driver to the parking company , or not

Your union rep is foolish and has no idea about this matter or the law

Your company is responsible for every invoice in their name

POFA allows them to absolve themselves by naming the keeper , which was you

Until they do this , they remain legally liable

This isn't rocket science

You tell your company that you won't deal with it or pay until you have this invoice in your own name , directly from the parking company

Tell them you will inform them when your PCN arrives in the post , so they know they are no longer liable in law

It takes two to tango

ub400

ok thanks.

the company i work for is a large well known company. they have told employees to use this car park to change duties. this means employees are in and out 4 or 5 times per day 6 days per week.

since coming on this forum i have realised that each time this happens the terms of contract set out by the parking company are being broken.

each time this happens there will be 2 drivers involved. the first parks the vehicle and the second removes the vehicle.

i suspect the companies reluctance to name anyone is because they are asking employees to break the law? or at least break a contract between themselves and the parking company and by doing so opening themselves up to being issued with a parking notice.

the difference with what happened to me was that i didnt drive in and i didnt drive out. i was however handed the keys and spent at least part of my meal break in the vehicle.

if im honest i cant remember who the other driver was as could have been any of a number of employees. the breach of contract took place 6 or 7 weeks ago. so i wont be able to name them.

so if i am eventually issued with a keepers notice how will i explain this? will i need to appeal it or will there be an option to refer back to the company as they are the only people who can name the driver or will it be as simple as just asking the company for the drivers details? can they even hand them over to me?

thanks.

ub400

id just like to add too that im 100% sure the other employees dont realise they are entering into and then immediately breaking a contract with the parking company on a daily basis!

DoaM

DoaM wrote: »

Why are the company insisting that you are responsible?

I believe it's important that you get this clarified - if only to protect yourself in future.

waamo

ub400 wrote: »

ok thanks.

the company i work for is a large well known company. they have told employees to use this car park to change duties. this means employees are in and out 4 or 5 times per day 6 days per week.

since coming on this forum i have realised that each time this happens the terms of contract set out by the parking company are being broken.

each time this happens there will be 2 drivers involved. the first parks the vehicle and the second removes the vehicle.

i suspect the companies reluctance to name anyone is because they are asking employees to break the law? or at least break a contract between themselves and the parking company and by doing so opening themselves up to being issued with a parking notice.

the difference with what happened to me was that i didnt drive in and i didnt drive out. i was however handed the keys and spent at least part of my meal break in the vehicle.

if im honest i cant remember who the other driver was as could have been any of a number of employees. the breach of contract took place 6 or 7 weeks ago. so i wont be able to name them.

so if i am eventually issued with a keepers notice how will i explain this? will i need to appeal it or will there be an option to refer back to the company as they are the only people who can name the driver or will it be as simple as just asking the company for the drivers details? can they even hand them over to me?

thanks.

If you are named as the keeper you appeal the same as everyone else does. You are way over complicating this.

Company names you as keeper and you appeal as keeper. Simples.

ub400

ok thanks everybody

Fruitcake

Alternatively the company should name the keeper on the date of the event that caused the vehicle to be in the car park, not someone who got in a stationary vehicle and got out again.
Technically if you had the keys in your possession then you were the day to day keeper for that period.
However, the person that gave you the keys was also the day to day keeper up to the point the keys were handed to you, and the person you handed the keys to after your break was also the day to day keeper from that point on.

You were a passenger or an occupant. You didn't drive in and didn't drive out, or drive at all whilst the car was in the car park. You can't be held liable as driver. You could be held liable as keeper, but so could, and should, the person who handed you the keys.

In my opinion the company should name the person who caused the car to be in the car park as day to day keeper or better yet accept the responsibility for instructing this breach of parking contract in the first place and not try to pass the doe.

Please notice how I have studiously avoided using a specific word when referring to the keyholders.

In addition, you should tell the company not to instruct employees to swap duties on someone else's private land. Your union rep needs to be educated about this too.

Redx

if this company keeps doing this they will keep receiving parking charge notices and so the union rep should be telling all employees not to park on this private car park, be it to swap drivers over or whatever they are doing , they do not have the legal right to do this

its a private site and your company should respect other companies and their sites and stop using them for this underhand practice

B and M probably dont own the land , even if they are renting a retail outlet

the landowner or their managing agent has employed the parking company to stop this practice of people or businesses using their sites for selfish reasons and not as genuine shoppers which is the point of the retail car park

I doubt that your company will put this in writing, because it would cause them grief in the future

for now , get a pcn in your own name by doing what we told you, then when you come back to this thread with the pcn in your own name we will advise YOU on what to do next in this process

you have jumped ahead of yourself by not concentrating on the task in hand

come back here when you have a pcn in your own name, for further help and advice

ub400

ok will do exactly that.

thanks very much

ub400

hi all ive now informed my company i wont be paying as pcn is not addressed to me.

i have just re read the pcn the company received and the only invite they were given was to pay the charge. they werent invited to name the driver or keeper for the day.

is there a reason for this? can they still name me?