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

Le_Kirk

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.

Parking companies read these fora so it would not have taken much deduction to work out which recent PCN was issued outside a Range!  Keepers have protection (POFA 2012) that drivers do not have provided the driver is never outed.

Half_way

My instinct would be to go for the lease company and the landowner whilst trying to assist the employer

Redx

Maybe it's me but I still haven't worked out how the driver (or the OP) has a legal ability to drive this vehicle on public roads , insured etc , without there being a signed contract , lease or hire , in place. Meaning a trail from registered keeper to the actual driver for any council or Police notices for speeding or other penalties or offences

Assuming that there is a hire or lease contract in place , it is that contract that determines actions and legal responsibility etc , which should have a clause regarding invoices from private companies

I think we all agree that the OP should assist the employer to get reimbursement of administration charges etc

Pofa and driver identity is not an issue in this particular case because the Registered keeper paid the invoices which was their legal right to do. So outing the Driver here is not an issue , but normally you do not refer to who was driving at all , hence why people commented on it. A lesson for the future !

Employment law and lease or hire contracts are complicated issues which is why his thread is so long

So morally your employer may well be correct , but legally maybe not correct , it's a danger they should accept as part of allowing employees to drive their vehicles , never mind the partners or family of employees !

MothballsWallet

Redx said:

Maybe it's me but I still haven't worked out how the driver (or the OP) has a legal ability to drive this vehicle on public roads , insured etc , without there being a signed contract , lease or hire , in place. Meaning a trail from registered keeper to the actual driver for any council or Police notices for speeding or other penalties or offences

Assuming that there is a hire or lease contract in place , it is that contract that determines actions and legal responsibility etc , which should have a clause regarding invoices from private companies

I think we all agree that the OP should assist the employer to get reimbursement of administration charges etc

Pofa and driver identity is not an issue in this particular case because the Registered keeper paid the invoices which was their legal right to do. So outing the Driver here is not an issue , but normally you do not refer to who was driving at all , hence why people commented on it. A lesson for the future !

Employment law and lease or hire contracts are complicated issues which is why his thread is so long

So morally your employer may well be correct , but legally maybe not correct , it's a danger they should accept as part of allowing employees to drive their vehicles , never mind the partners or family of employees !

Highlighting is mine

@Redx - I encountered something like this (but reversed) about 20 years ago, so OP, there is a big gap between being legally correct and morally correct.

FuzzyDuck1

I have found written within the BVRLA MOU that clearly states to its members (alphabet, nexus and europcar are members I have checked) stating:
“The ability for PCNs to be transferred to the customer and/or the driver of these vehicles is  absolutely imperative so that there is a fair outcome for the motorist and that the objectives of  this consultation are achieved”

In this situation, the invoice to charge my employer along with the PE PCN’s were sent by Alphabet 47 days after PE issued the parking charge notices. PE stated even if the PCN’s have been paid, they can be appealed within 28 days. 

Do you think that by Alphabet not submitting the PCN’s within the 28 days to allow for the appeal, this would be the proof required to enable my employer to claim back including the admin fees? As effectively they took away rights to appeal? 

Umkomaas

Do you think that by Alphabet not submitting the PCN’s within the 28 days to allow for the appeal, this would be the proof required to enable my employer to claim back including the admin fees? As effectively they took away rights to appeal? 

Possibly, there are no hard and fast rules/regulations.  Is your employer prepared to test that out?  I think there's a BVRLA arbitration procedure, but again, is your employer prepared to put in hard shifts to go through it?

FuzzyDuck1

Possibly, there are no hard and fast rules/regulations.  Is your employer prepared to test that out?  I think there's a BVRLA arbitration procedure, but again, is your employer prepared to put in hard shifts to go through it?

I’m not sure they would as they haven’t and won’t even ask Alphabet to look for the refund and have put the onus on me to sort with parking eye and have stated that I am liable to pay for the admin charges in any event. These are £220 alone which I can not afford. My employer has already been given confirmation from PE via email 29th Jan 2021that these have been refunded but can take up to 28 days. Those 28 days have passed and because Alphabet haven’t sent refund to my company (even though nobody has chased alphabet) they are now passing on to me. PE have stopped getting back to my employer and my emailed requests now for updates on the refund. I’m not even sure they would provide such information as we are not the company who paid PE. Alphabet won’t be the company receiving the refunds either, they will be refunded to both Europcar and Nexus. 

Umkomaas

PE won't deal with you. If they've repaid Alphabet they're out of the loop anyway.  I'm afraid this is a right mess that has nothing now to do with parking, rather a tangled rats' nest of contractual complication. I'm not sure whether anyone has asked you this previously - are you a member of a Trade Union?

I think the forum is rapidly running out of ideas for you. 

FuzzyDuck1

Umkomaas said:

PE won't deal with you. If they've repaid Alphabet they're out of the loop anyway.  I'm afraid this is a right mess that has nothing now to do with parking, rather a tangled rats' nest of contractual complication. I'm not sure whether anyone has asked you this previously - are you a member of a Trade Union?

I think the forum is rapidly running out of ideas for you. 

Thank you, no we do not have Trade Union unfortunately. I have contract law experience (CIPS) so know how to work with the company to try and ascertain what’s agreed etc in terms of Sale of goods and Services Act, Unfair contract terms Act etc although don’t think ideally it should be me having to point these things out to the Fleet Manager. I guess I wanted more guidance relating to these charges as I have not come across this situation before (parking charge notices) involving a company car. 

Thank you to everyone who has posted on this forum to try and help me. I guess it’s time for me to sit down with the Fleet Manager now at my company to discuss contracts etc and try to find ways for my company and I not to have these charges levied against either one of us. I certain wouldn’t have put my employer in this position in the first place intentionally and always take care when using any car park facilities etc. This was a little more complicated than the usual I suppose. Thanks again! X

Half_way

If its not already been asked, but do you know who owns the car park - that is who allowed parking eye to operate there?

You could try kicking up a fuss with them, state how much their actions in allowing an un regulated private parking company to operate there have cost you both financially and in terms of time