Lease Car Company Already Paid

BobSmith5

Jenni_D said:

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).

Thank you, Jenni.

I just updated the situation slightly. I am currently using a hire vehicle, which is through Enterprise, but arranged through my employer. I was not provided any new policy to sign. 

So, I should still be able to challenge their decision? If so, should I update my draft letter and direct it towards my company instead?

Apologies for all the questions, just trying to get my head around it. 

Coupon-mad

Refuse to have your salary deducted and read other Enterprise threads.  They do this a lot.

Jenni_D

Did you sign anything (like a hire agreement) when taking control of the vehicle? That may change things a little. (Hire cars and Lease cars can be different).

For example: when someone crashed into me, and my car was in for repair, I had a hire vehicle (arranged through Auxilis* - not sure who it was hired from and all signing was done online), however my company car is leased from ALD Automotive.

* In a previous incident I had a hire car from Enterprise, and I signed the hire agreement at their office. That meant the hire T&Cs took precedence over the company Car Policy.

BobSmith5

Jenni_D said:

Did you sign anything (like a hire agreement) when taking control of the vehicle? That may change things a little. (Hire cars and Lease cars can be different).

For example: when someone crashed into me, and my car was in for repair, I had a hire vehicle (arranged through Auxilis* - not sure who it was hired from and all signing was done online), however my company car is leased from ALD Automotive.

* In a previous incident I had a hire car from Enterprise, and I signed the hire agreement at their office. That meant the hire T&Cs took precedence over the company Car Policy.

I did not sign anything directly from Enterprise, but they are the ones that paid the fine, it seems. I was given the hire vehicle temporarily due to my lease car not being available yet. My employer/company arranged for the delivery of the vehicle and whatnot. So, it seems to still be under the company and lease policy, from my understanding? 

Edit: To add, I was not even given anything to sign upon collection of the car. They dropped it off at my home and that was that. 

Coupon-mad, thank you. I wasn't aware that it was a common thing from them. But I guess it's a bit confusing because I did not sign anything from Enterprise. 

BobSmith5

I just received an email update from the fleet manager/organiser. There is no separate policy in regards to hire vehicles. It falls under the same policy as the fleet and company policy. 

D_P_Dance

Read page 9 et seq

https://www.bvrla.co.uk/uploads/assets/uploaded/61b3298b-a918-499b-9ac8b8bea2b726a0.pdf

https://www.bvrla.co.uk/uploads/assets/uploaded/61b3298b-a918-499b-9ac8b8bea2b726a0.pdf  There is also a MOU beween the BLVRA and the BPA  worth a read if you can find it.  

Le_Kirk

D_P_Dance said:

Read page 9 et seq

https://www.bvrla.co.uk/uploads/assets/uploaded/61b3298b-a918-499b-9ac8b8bea2b726a0.pdf

https://www.bvrla.co.uk/uploads/assets/uploaded/61b3298b-a918-499b-9ac8b8bea2b726a0.pdf  There is also a MOU beween the BLVRA and the BPA  worth a read if you can find it.  

The memorandum of understanding is referred to here: -
https://www.bvrla.co.uk/uploads/assets/uploaded/61b3298b-a918-499b-9ac8b8bea2b726a0.pdf
and the relevant part is on page 10/11 [but that is the same link that @D_P_Dance posted

Jenni_D

A Google for the BVRLA MoU gave me this PDF link.

BobSmith5

Thank you for the links. Does anyone have any suggestions on how I can reword my initial letter to challenge this? 

One thing to mention, I spoke with the the fleet department (on the phone) about the second likely ticket and specifically asked them not to pay it so that I could appeal it directly. However, they told me they would stick with their policy and pay it instantly. Which turns out not to be their policy at all. 

Coupon-mad

Email them and expressly refuse for them to pay it, and tell them to transfer liability to you and then you can appeal it.