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

Jenni_D

Regarding your contract with your company (which is the Car Policy you posted extracts of previously) ... that is the only thing that provides for any contractual liability on you. The contract between your employer, lease company (Alphabet) and hire company (Europcar) is irrelevant (contractually) as far as you are concerned.

I agree with @nosferatu1001's previous post ... clause 20.6 only gives you a liability for Fines and Penalties ... it gives YOU no liability whatsoever for invoices. Therefore your employer will be in breach of your contract of employment if they deduct monies from your salary for these parking invoices.

FuzzyDuck1

Le_Kirk said:

You would have to show us the lease agreement you have with your employer because that is the one that will count not what agreement any of the sub-contractors will have.

I don’t have one! I’ve never received any agreement let alone sign for one! My employer emailed me the Parking charge notices plus the invoices my company paid to Alphabet. Included in the documentation is the invoice from Nexus to Alphabet (and one from europcar to Alphabet) and then Alphabets invoice to my employer. I asked for the lease agreement from my employer and they have advised me that I am not privy to that information! If I’m not privy to it, why am I being charged?

Redx

That is the point , you cannot be charged unless you have a contract with your employer to drive the vehicle , a lease between you and them , like you would with a company vehicle , namely a contract you have signed as a lessee or as a hirer

Other than that , you have your contract of employment between yourself and your employer

Parking Eye issue parking charge notices to the Registered keeper , invoices , the RK can either pay , or name the hirer , lessee , or driver , the question is how do they go down that chain to get to the hirer or driver ?

Suppose that it was a speeding ticket , an NIP , how would the driver be named and by what legal process has it gone from RK to the actual driver ? Several contracts would exist down that avenue

FuzzyDuck1

3 out of the 4 invoices from Alphabet to my employer arrived with the parking charge notices 40+ days AFTER they were issued to the Registered Keeper! Completely outside the 28 days parking eye allow to appeal even if they have been paid. Feeling stitched up! 

Redx

POFA has a special section with different timescales for hire and lease agreements

but the RK has to name the hirer or lessee to Parking Eye anyway , this was not done in the first place so those POFA timescales were irrelevant

the registered keeper paid in full as they are perfectly entitled to do

the problem is all these sub contracts , because POFA COMPLIANCE and BVRLA compliance never started

its a complicated issue, but its all about your contract with your employer , their contract with Alphabet soup , Alphabet soup with Europcar etc

so like I said earlier, had it been a speeding ticket, they would have not been able to do this because they were not the driver , so whatever procedures they follow had the hirer/lessee/keeper/driver been doing 100mph on a motorway would be the path down that line of contracts

Coupon-mad

But if your employer (day to day car keeper/hirer) had been named by the registered keeper, they would have been sent their own NTH and the clock would have re-started and the company you work for could have either appealed themselves or named you as driver (or lessee) and you could have appealed.

The registered keeper hire firms have unilaterally paid PCNs for no reason whatsoever, that you (or your company you work for) could have handled, had they bothered to transfer liability using the little slip.  That's all they had to do.

How did you get more than one PCN, was this at a Hospital or what?

FuzzyDuck1

Coupon-mad said:

But if your employer (day to day car keeper/hirer) had been named by the registered keeper, they would have been sent their own NTH and the clock would have re-started and the company you work for could have either appealed themselves or named you as driver (or lessee) and you could have appealed.

The registered keeper hire firms have unilaterally paid PCNs for no reason whatsoever, that you (or your company you work for) could have handled, had they bothered to transfer liability using the little slip.  That's all they had to do.

How did you get more than one PCN, was this at a Hospital or what?

My wife (driver) works at the range and the car details weren’t put through in time by The Range to Parking Eye. So as she parked for work and had permission from The Range to park for free, the tickets were sent out before systems were updated. Neither the company I work for or I had any knowledge for several weeks that there was an issue. PCN’s were dated end of sept and early October and my employer didn’t receive the invoice from Alphabet leaving six to accumulate undetected. 

FuzzyDuck1

Invoice from Alphabet dated 19/11/2020

Fruitcake

Although this is now a case of getting your money back from your employer, twice now you have told the world who was driving.
If you ever get another scamvoice, only ever refer to The Driver and The Keeper, even on here.

FuzzyDuck1

Fruitcake said:

Although this is now a case of getting your money back from your employer, twice now you have told the world who was driving.
If you ever get another scamvoice, only ever refer to The Driver and The Keeper, even on here.

I’ve not given out any names at all on here. Or the parking charge notice details so haven’t told the world who was driving. Yes I referred to my wife to clarify to coupon mad but there could never be a connection made as no other crucial information has been stated in my posts. 

I know now from the help I’ve received from here (gratefully received) that this is an issue now with my employer. However I wanted to assist my employer as far as possible in claiming back this money including Admin fees as I really don’t want it to get to grievance stage with regard to an unlawful deduction from earnings. My employer at the moment is adamant it is my responsibility to pay the admin fees even once the refund has been received from PE and to chase for the refunds. I think that would look better on me trying to assist the company rather than basically say “tough it’s your problem not mine”.