Employer to deduct months worth of parking invoices when they have had conf of refund

FuzzyDuck1

Hi, 

Please help. I have a lease hire company car through work. I was notified in December 2020 that there had been “several” invoices (I realise they aren’t legally fines) sent to them by the companies lease hire company. My employer had just paid the invoices to parking eye from October to December without bringing the issue to my attention. My wife works at The Range and had taken the company vehicle to park there for work. She’s included on the insurance through work so had permission to use the vehicle. Once it was eventually brought to my attention my wife spoke to her manager at The Range who contacted Parking Eye to get the invoices refunded. Parking eye confirmed to my employer that a refund would be paid within 28 days. This was confirmed 29th January this year. They still haven’t refunded the money to my employer and they have now told me that they will be deducting £180 per month to cover these invoices from Parking Eye until the refund has been received!! My employer said that it’s part of their terms and conditions with the lease company that all parking fines (invoices) need to be paid and so they did. 

My employment contract does state that they can deduct fines from my wages. 

However, my employer failed to tell me about them until they’d received and paid around 8 of them so I could’ve got this sorted way before they informed me back in December.  My wife is allowed free parking whilst at work at The Range. 

Can my employer deduct this money from me even though they’ve had it in writing that full refund is being issued. Parking Eye didn’t refund within the 28 days so they now want me to chase the refund up direct with Parking Eye. Don’t have an issue in helping the company out but they shouldn’t have paid them in the first place especially as they failed to inform me that they were in receipt of them. 

Thank you 

Peeves

If your employer's agreement with the hire company was to pay any parking fines then that does not include parking charges from ParkingEye since they are not fines. The wording is very important.

Your employer cannot deduct your wages in this manner without your consent. Consent may have been granted in your employment contract. But this would only cover items for which you would have been liable for, such as fines, not speculative invoices from private companies that your employer was under no obligation to pay.

Umkomaas

This is more an employment contract (terms and conditions) issue rather than a private parking one. If the contract says 'fines', then a private parking charge is definitely not one of those. You seem to have recognised the difference already in your post above. But it's how you get your employer to recognise that. 

So two issues really - fine v private parking charge, and can they lawfully deduct such from salary. Are you a member of a Trade Union, if so, they will be able to help, certainly on the latter point?

Others will probably add their thoughts during the evening. 

Redx

Contract of employnent issue , not a parking forum issue

FuzzyDuck1

Umkomaas said:

This is more an employment contract (terms and conditions) issue rather than a private parking one. If the contract says 'fines', then a private parking charge is definitely not one of those. You seem to have recognised the difference already in your post above. But it's how you get your employer to recognise that. 

So two issues really - fine v private parking charge, and can they lawfully deduct such from salary. Are you a member of a Trade Union, if so, they will be able to help, certainly on the latter point?

Others will probably add their thoughts during the evening. 

Thank you. No union unfortunately. I’ve already sent an email to say I don’t give consent to deduct this money. 

woodpecker44

Don't you just hate it when lease hire or rental companies just pay the scammers

FuzzyDuck1

woodpecker44 said:

Don't you just hate it when lease hire or rental companies just pay the scammers

This made me chuckle. It’s infuriating if I’m honest. I fought NCP before and won my case so there’s no way I’d have just paid it if I’d have known about these building up. 

FuzzyDuck1

Redx said:

Contract of employnent issue , not a parking forum issue

I thought it might have been but as it involves these cowboys (Parking eye etc) I thought I’d ask on here first as someone else may have been in the same boat. Thank you though, I’ll add onto the employment advice forum. 

fisherjim

woodpecker44 said:

Don't you just hate it when lease hire or rental companies just pay the scammers

It's because they are lazy, and take the easy route I had similar issues with GECapital when I ran a fleet, they can do it properly when they have to ie. when it's a traffic violation.

beamerguy

The point is, they have taken away your legal right to appeal 
There is a big difference between a parking penalty charge and an invoice from a private parking company

Half_way

Its is absolutely, vitally important that you do not call these things fines and even more so when dealing with lease company's employers and so on this can not be stressed enough

Please let us know if the following is correct:

• A third party was driving the vehicle at the time, and parked at the Range.
• Despite the fact that this person had permission to park at the range the vehicle still received "parking charge notices" from Parking eye
• Parking charge notices were issued by Parking eye to the lease hire company
• The lease/hire company then paid these parking charge notices and referred to them as "fines" then passed on these charges, calling them fines to your employer
• Your employer then deducted them from your wages

Is that correct???

And are you now out of pocket as a result of this action?

Next stage: what is the name of the lease/hire company for the company vehicle? this may help as some hire/lease company's have cropped up on here in the past - both in a good light and bad

and the killer question : What are the exact terms and conditions that is word for word for the use of the vehicle?