Lease Car Company Already Paid

BobSmith5

Hi all. Thank you again for helping me with this. I have drafted a letter/email, and I was wondering if anyone could double check it for me to see it is appropriate, please?

Dear Sir/Madam,

Re: REFERENCE NUMBER

I am writing regarding the above reference numbers, which pertain to receiving ‘speculative invoices’ issued to the corresponding vehicle. You have paid this charge without informing me of receipt of either of these notices, and then have levied the charges to me. However, I have checked the relevant policies, and I cannot understand as to why I am being charged.

The policies only cover fines from an authority, and not such ‘speculative invoices’ issued by private parking companies. To reiterate, this parking charge was not a fine from an issuing authority. Additionally, the policy states that if there are any fees to pay, then these should be paid by myself first and foremost. I was not provided with the notice, and therefore my right of appeal was taken away from me as a result of your actions.

I have called to discuss this issue, but have been told to appeal the charges directly with the parking company. However, as they have already received payment from yourselves, they are not interested in any appeals. As such, this is an error and failure to carry out the policy on your part. Therefore, I request that any charges and the so called admin fee, plus my costs are refunded to myself within the next 5 working days. This has additionally also taken up my personal time, and that of others that have provided me with relevant advice. As such, I feel this should be compensated accordingly.

FLEET MANAGEMENT COMPANY are also a member of the BVRLA, and as you are aware, there is an agreement that any private parking charges received are not to be paid, but passed to the hiree. This is also relevant to the Protection of Freedom Act (2012). The company policy handbook also does not cover deducting any payment from my salary in relation to this.

Thank you for your co-operation in this matter, and I look forward to hearing a positive outcome with the refund. Should the issue not be resolved appropriately, I shall be raising this with the BVRLA and filing an official grievance.

 

Regards,

Half_way

Have you/did you try and communicate with the parking company? whilst it may be an exercise in urinating in the wind its something that you have been asked to do by your company.

 I wouldnt tell them that "The policies only cover fines from an authority"  but would query the reason for them charging you as it clearly falls outside of the conditions mentioned in 3.3 under "fixed Penalties/Fines" .

 While they will try and brush it off, you need to give them some rope to hang themselves by/allow them to dig their own hole with this mess - even in cases where some policy's mention private parking charges there are serious questions as to how the lease company's mix up private speculative invoices issued by unregulated companies - ie anyone with or without a criminal record can sign up as a PPC  join the club and issue charges here there and anywhere - as opposed to the regulated world of council/authority parking

BobSmith5

Half_way said:

Have you/did you try and communicate with the parking company? whilst it may be an exercise in urinating in the wind its something that you have been asked to do by your company.

 I wouldnt tell them that "The policies only cover fines from an authority"  but would query the reason for them charging you as it clearly falls outside of the conditions mentioned in 3.3 under "fixed Penalties/Fines" .

 While they will try and brush it off, you need to give them some rope to hang themselves by/allow them to dig their own hole with this mess - even in cases where some policy's mention private parking charges there are serious questions as to how the lease company's mix up private speculative invoices issued by unregulated companies - ie anyone with or without a criminal record can sign up as a PPC  join the club and issue charges here there and anywhere - as opposed to the regulated world of council/authority parking

Thank you, Half_Way. 
I sent a letter to the parking company to explain that I had purchased parking tickets and to try and 'appeal'. However, have not heard back anything. Although, it has only been a week. I was just wondering if I should be trying to sort it out from the lease company sooner, rather than later. 

Would you advise waiting to hear back from the PPC?

Jenni_D

Do you have a direct contractual relationship with the lease company? Or is it rather that you have an employment contract which gives you a company car, and it is your employer who has the contractual relationship? Who is trying to deduct money from your salary? (It almost certainly isn't the lease company).

You need to focus on where you can have influence. By all means complain to the lease company, but it's your employer you need educate.  

BobSmith5

Jenni_D said:

Do you have a direct contractual relationship with the lease company? Or is it rather that you have an employment contract which gives you a company car, and it is your employer who has the contractual relationship? Who is trying to deduct money from your salary? (It almost certainly isn't the lease company).

You need to focus on where you can have influence. By all means complain to the lease company, but it's your employer you need educate.  

Thank you. 
I have an employment contract which gives me a company car. I believe the employer has the contractual relationship. But it is my company wanting to deduct the money due to the lease company's say so. Does that help?

Half_way

If there are issues with the vehicle, and for things such as MOT/servicing etc who do you deal with?

BobSmith5

Half_way said:

If there are issues with the vehicle, and for things such as MOT/servicing etc who do you deal with?

I would typically go to the manufacturer directly, and give them the details of the lease company. 

Just to add, which I completely forgot to mention, the vehicle I am currently using is a hire car whilst I await delivery of my new lease vehicle. The hire is through my work company, and the car is from Enterprise. I was not given a new/separate policy to sign, however.

Does this change anything with fighting this? 

Jenni_D

BobSmith5 said:

Jenni_D said:

Do you have a direct contractual relationship with the lease company? Or is it rather that you have an employment contract which gives you a company car, and it is your employer who has the contractual relationship? Who is trying to deduct money from your salary? (It almost certainly isn't the lease company).

You need to focus on where you can have influence. By all means complain to the lease company, but it's your employer you need educate.  

Thank you. 
I have an employment contract which gives me a company car. I believe the employer has the contractual relationship. But it is my company wanting to deduct the money due to the lease company's say so. Does that help?

Yes it does - it puts you in the same position as myself. There is limited influence you can have over the lease company - with your employer you could raise a grievance regarding them breaching your employment contract by deducting monies for which they had no right to do so ... the Car Policy (from what you've told us) only gives them the right to deduct monies in respect of fines and penalties from authorities; a PCN from a private company fails in both respects as it is an invoice (not a fine or penalty) and they are not an authority.  

As I mentioned in a previous reply, I've been in this situation before (albeit they didn't actually try to take the money), but I'd pre-empted the situation by making them aware up-front (before any PCN had ever been issued).

Coupon-mad

So Enterprise paid it?

Jenni_D

Half_way said:

If there are issues with the vehicle, and for things such as MOT/servicing etc who do you deal with?

That's a slight diversion ... like myself the OP will probably contact the lease company to make such arrangements, but when it comes to fines and penalties (and invoices if the policy is properly-worded) it is the employer's Car Policy that matters as the OP is a 3rd-party to the lease contract.