Parking Ticket for Company Car

Finchowned

Hi there,

Looking for some help please.

Have received an email today from my lease company regarding a parking fine relating to 5th July. The parking fine was issued on 13th July by Total Car Parks, so not sure why it’s taken so long to arrive (a complaint to the lease company is due there).

Anyway, the fine states I didn’t pay to park for a 20 minute parking session. In fact, I did pay via RingGo and have the receipt/proof etc that all aligns to appealing.

Slight issue, my lease company has already taken the money (the full £100) from September’s salary and they pay the fine - that’s the company car policy apparently. Also, from the letter from Total Car Parks, they state I have 29 days to appeal, from the date of issue (13th July).

Can anyone please advise where to go with this one? My thoughts are this might be an appeal to the lease company as they failed to inform me of the fine in a timeframe to enable me to appeal, plus, they didn’t need to pay as I have proof of paying to park.

Any info would be greatly appreciates thanks.

Umkomaas

Can anyone please advise where to go with this one? My thoughts are this might be an appeal to the lease company as they failed to inform me of the fine in a timeframe to enable me to appeal, plus, they didn’t need to pay as I have proof of paying to park.

Check the T&Cs shown on the lease agreement with the lease company to see what it says (or doesn't say) about private parking charges. 

If the lease company is a member of the BVRLA, you might be able to invoke their dispute resolution procedure. The following link shows how a member lease company should deal with a private parking charge. 

https://www.dropbox.com/s/9b0iavad3aqeh28/BPA%20BVRLA%20MoU.pdf?dl=0

Ultimately, if no success, you could sue the lease company through the small claims court. Issue a Letter of Claim beforehand (no cost) which might cause the lease company to find it too time consuming to defend a full court claim and pay you off. 

Finchowned

Thanks for your rapid response. Sounds like approaching the lease company (will speak with my manager/HR too) is the best course of action.

Even if I only get £40 back of the £100 fine would be a start, as they paid the full £100, rather than the £60 in 14 days reduced rate (dear of those parking companies eh).

Will update this thread when I’ve reached an outcome.

Cheers.

Half_way

Do not under any circumstance call this a fine of a penalty when dealing with the lease/ hire/work company

Finchowned

Thanks. I haven’t yet responded to them (lease/hire/work). What would be the preferred word to use?

Le_Kirk

Finchowned said:

Thanks. I haven’t yet responded to them (lease/hire/work). What would be the preferred word to use?

Speculative invoice or Parking Charge Notice.

Umkomaas

Finchowned said:

Thanks. I haven’t yet responded to them (lease/hire/work). What would be the preferred word to use?

It's a  Parking Charge Notice issued by a private entity. A Penalty Charge Notice/Fine is issued only by traffic authorities like the police or councils. Important distinction that you need to check in the minutiae of your lease agreement.

Fruitcake

You can't appeal if the lease/hire company has already paid the PCN. By doing so, the lease/hire company have denied you your right to appeal, and denied you your right to alternative dispute resolution.
This is why you need to see what your lease/hire agreement says about paying parking charge notices from unregulated private parking companies. Note that this is completely different to a fine or a penalty from an authority such as a council, the police, or the courts.
Unless your contract specifically refers to paying parking charge notices from private parking companies, the hire/lease company has no right in taking your money. 

Whatever else happens, you need to change lease companies. There is no way anyone should agree to a contract that allows your hard earned money to be paid to unregulated private companies referred to as rogues, scammers, and bloodsuckers by MPs across all parties in open parliamentary debate.

Half_way

Please can you get hold of the lease agreement and post it up on here , or link to it word for word, the key bit will be something along the lines of paying for fines, penalties and other charges

Finchowned

Thanks for the extra replies.

As requested, extract from company car scheme:

You are responsible for all parking fines, fixed penalties, camera offences, bus lane contraventions and congestion

charges incurred whether the vehicle is being used for business or private purposes.

All fines, with the exception of Notice of Intended Prosecutions or penalties which require the transfer of liability, will be charged to the funding lease company of your vehicle as the registered keeper. This will then be deducted from your salary.

KeithP

So this paragraph...

All fines, with the exception of Notice of Intended Prosecutions or penalties which require the transfer of liability, will be charged to the funding lease company of your vehicle as the registered keeper. This will then be deducted from your salary.

...tells you that they will pay fines and deduct the amount from your salary.

There doesn't appear to be anything there that states that parking charges - which, as said earlier, are not fines - will be deducted from your salary.

That's good.

Perhaps they need reminding that they had no right to deduct anything like that from your pay.