Deduction from earnings for car lease private parking invoices

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. 

I’d initially posted this in the Car Parking fines forum section but was pointed into the direction to add into this forum as it’s more of an employment contract issue rather than a parking charge notice issue. 

Thank you 

mjm3346

"Can my employer deduct this money from me even though they’ve had it in writing that full refund is being issued"
Perhaps they don't want to risk being out of pocket if Parking Eye don't keep their word (as if) - But if there are unpaid invoices surely there doesn't need to be a refund just a cancellation of them with a refund to follow for those already paid

FuzzyDuck1

mjm3346 said:

"Can my employer deduct this money from me even though they’ve had it in writing that full refund is being issued"
Perhaps they don't want to risk being out of pocket if Parking Eye don't keep their word (as if) - But if there are unpaid invoices surely there doesn't need to be a refund just a cancellation of them with a refund to follow for those already paid

My employer has already received confirmation in writing from Parking Eye to say the tickets have been cancelled and they will reimburse the company within 28 days. Problem is 28 days has passed and my employer contacted them again to ask where payment is and parking eye confirmed again that they have processed the refund but can take up to another 28 days. By Parking Eye not having refunded my employer now, they have contacted me today to say they’ll be deducting £185 every month for the next 3 months for the private tickets and will refund me if and when Parking Eye pay them the refund due. I’ve replied saying I don’t consent to this money being deducted from my wage as I am not liable for them and neither were they. If my employer hadn’t left them to build up and contact me straight away upon receipt of the first one they received I could’ve appealed the tickets myself and stopping the debt increasing to the level it was. My wife’s manager hadn’t notified Parking Eye of the new registered car to their employee which is why the tickets were sent in the first place. The range contacted parking eye to get them cancelled which parking eye agreed to do. 

68ComebackSpecial

FuzzyDuck1 said:

mjm3346 said:

"Can my employer deduct this money from me even though they’ve had it in writing that full refund is being issued"
Perhaps they don't want to risk being out of pocket if Parking Eye don't keep their word (as if) - But if there are unpaid invoices surely there doesn't need to be a refund just a cancellation of them with a refund to follow for those already paid

My employer has already received confirmation in writing from Parking Eye to say the tickets have been cancelled and they will reimburse the company within 28 days. Problem is 28 days has passed and my employer contacted them again to ask where payment is and parking eye confirmed again that they have processed the refund but can take up to another 28 days. By Parking Eye not having refunded my employer now, they have contacted me today to say they’ll be deducting £185 every month for the next 3 months for the private tickets and will refund me if and when Parking Eye pay them the refund due. I’ve replied saying I don’t consent to this money being deducted from my wage as I am not liable for them and neither were they. If my employer hadn’t left them to build up and contact me straight away upon receipt of the first one they received I could’ve appealed the tickets myself and stopping the debt increasing to the level it was. My wife’s manager hadn’t notified Parking Eye of the new registered car to their employee which is why the tickets were sent in the first place. The range contacted parking eye to get them cancelled which parking eye agreed to do. 

You might not want the deduction to be made but you have already consented to it by signing your employment contract. You can't unilaterally change those terms. As the problem has arisen because of the inaction of your wife's employer then she should ask them to advance her the equivalent amount of your payroll deduction until such time as the matter is resolved.

FuzzyDuck1

68ComebackSpecial said:

FuzzyDuck1 said:

mjm3346 said:

"Can my employer deduct this money from me even though they’ve had it in writing that full refund is being issued"
Perhaps they don't want to risk being out of pocket if Parking Eye don't keep their word (as if) - But if there are unpaid invoices surely there doesn't need to be a refund just a cancellation of them with a refund to follow for those already paid

My employer has already received confirmation in writing from Parking Eye to say the tickets have been cancelled and they will reimburse the company within 28 days. Problem is 28 days has passed and my employer contacted them again to ask where payment is and parking eye confirmed again that they have processed the refund but can take up to another 28 days. By Parking Eye not having refunded my employer now, they have contacted me today to say they’ll be deducting £185 every month for the next 3 months for the private tickets and will refund me if and when Parking Eye pay them the refund due. I’ve replied saying I don’t consent to this money being deducted from my wage as I am not liable for them and neither were they. If my employer hadn’t left them to build up and contact me straight away upon receipt of the first one they received I could’ve appealed the tickets myself and stopping the debt increasing to the level it was. My wife’s manager hadn’t notified Parking Eye of the new registered car to their employee which is why the tickets were sent in the first place. The range contacted parking eye to get them cancelled which parking eye agreed to do. 

You might not want the deduction to be made but you have already consented to it by signing your employment contract. You can't unilaterally change those terms. As the problem has arisen because of the inaction of your wife's employer then she should ask them to advance her the equivalent amount of your payroll deduction until such time as the matter is resolved.

The problem is, the private company’s parking notices aren’t a “fine “ by law. They aren’t enforceable by law. They are an invoice for breach of contract and parking eye have confirmed they are refunding. Surely my employer should have informed me upon receipt of the first one and not let them stack up and let me know two months later after they’d paid them? By doing so anyway they denied me my right as the driver to contest it. Which has been contested and parking eye confirmed there is no liability  

ratechaser

OP, suggest you get this thread moved to the Parking sub forum, I suspect the regulars there will have some good advice...

Thrugelmir

FuzzyDuck1 said:

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. 

Blame your wife for not providing the car details to her employer. Your employer is out of pocket currently. Quite rightly would like the cash back sooner or later.  As and when the refunds are received you'll be reimbursed. 

Is your wife covered for commuting under your company insurance policy, or just social and domestic use? 

FuzzyDuck1

ratechaser said:

OP, suggest you get this thread moved to the Parking sub forum, I suspect the regulars there will have some good advice...

I did that initially... it’s already confirmed that these types of ticket are not “fines” and my contract states that they can only deduct “fines”. Don’t get me wrong I want my employer to get the money back and I’m willing to help chase for payment. What I don’t agree with is for absolutely nothing to be brought to my attention for 2 whole months meaning I wasn’t able to rectify sooner so there wasn’t such a big invoice. My company paid them all without even notifying me. Thankfully we’ve been able to get the invoices reversed and only now waiting on payment. However, These non enforceable tickets can be challenged as the private car parking companies can only invoice the driver and not a company or registered keeper (if the registered keeper isn’t the driver). So I think what I am asking is, as these are not “fines” can the company then make deductions from my wages without my permission or would that be an unlawful deduction of earnings? Thanks 

FuzzyDuck1

Blame your wife for not providing the car details to her employer. Your employer is out of pocket currently. Quite rightly would like the cash back sooner or later.  As and when the refunds are received you'll be reimbursed. 

Is your wife covered for commuting under your company insurance policy, or just social and domestic use? 

Thanks, my wife is covered for commuting too under the insurance policy, I Treble checked that before allowing her to use it for that purpose. 

My wife did provide the details to her employer straight away, it was her managers error which they have apologised for and resolved with parking eye by getting them to refund my company and this will be sorted once that money comes in. However, I would have thought our credit control/accounts department should be sorting this matter now as I wasn’t even aware the company had paid them until 2 whole months after they’d paid the first one and then continued to pay them without notifying me. 

TBagpuss

I don't think you have a leg to stand on. The contract yo have makes clear that fines will be paid and will be deducted from your wages. It's unfortunate that you weren't told sooner nd you can certainly suggest to your employer that they change their policy to ensure that drivers are informed promptly to allow them provide any defense or to contest a fee as appropriate, but the reality is that this is an issue caused by your wife's employer and there's no reason why your employer should be out of pocket for weeks or months due to something out of their control. 
You're going to be reimbursed once the parking company get their act together, and if the underlying reason for the problem was your wife's employer not updating the parking company then she can raise that with them, but it doesn't seem reasonable to expect your employer to carry the cost of someone else's errors. 

JamoLew

I think there may be some devil in the detail.

Private Parking Companies do not issue fines - merely invoices.

The T&Cs of the lease need going over with a fine tooth comb - if they only mention fines then yes, they shouldn’t have paid the invoices.
Trying to get a resolution however may not be easy