Parking Ticket for Company Car

Fruitcake

No mention of speculative invoices/parking charge notices from unregulated private parking companies at all then.

Paying a private PCN is entirely up to the hire/lease company, if they are daft enough to throw their money away, but there is nothing in that legally binding contract about deducting money from you in those circumstances. I would suggest to do so would not only be a breach of contract, but unlawful, and possibly even illegal, laying them open to legal proceedings and possibly even prosecution.

Coupon-mad

Refuse to pay.

Get your card provider to reverse or block the payment because the lease firm has no right to pay private invoices and charge you.  Banks will block payments like this if you put it into dispute.

Then email the lease firm, point out that their t&cs don't cover parking charge notices (private invoices).  They had no business to pay this and have denied your right to handle it yourself and appeal the scam 'charge'.

As such, you refuse to pay this and have asked your bank to reject their request for the monies the lease firm paid (in error because some clerk doesn't know the difference between a real penalty and a private parking charge). This dispute should be escalated to the ADR offered by the BVRLA and the complainant also requires the lease firm to explain in their reply providing the BVRLA details for ADR, why they are not operating within the BVRLA's 'Memorandum of Understanding' that was signed several years ago with both parking Trade Bodies.

Finchowned

Thanks again for the recent comments. All super helpful.

So, next steps for me: is this something to pursue directly with the lease company, and if so, via email, letter or phone? Do I need to inform my employer of my objections to the lease company?

For reference, I have received the PCN via email, directly from the lease company’s account manager. This account manager is aligned specifically to the company I work for.

If not pursing directly with the lease company, would this be via the small claims court instead?

Some direction on next steps would be very much appreciated, thanks.

In short:

No mention in lease companies guidance about paying parking charges/private companies etc
They paid the PCN, denying me the opportunity to contest the PCN, or pay the lower figure (£60 rather than £100)
They took 55 calendar days to inform me of the PCN, denying me the opportunity to contest (29 day window), or pay the lower charge (14 day window)

Thanks as ever for the guidance.

The_Slithy_Tove

Coupon-mad said:

Refuse to pay.

Get your card provider to reverse or block the payment because the lease firm has no right to pay private invoices and charge you.  Banks will block payments like this if you put it into dispute.

It's a salary deduction, so that makes it more difficult.

Finchowned said:

So, next steps for me: is this something to pursue directly with the lease company, and if so, via email, letter or phone? Do I need to inform my employer of my objections to the lease company?

For reference, I have received the PCN via email, directly from the lease company’s account manager. This account manager is aligned specifically to the company I work for.

If not pursing directly with the lease company, would this be via the small claims court instead?

Absolutely NOT by phone. There is no record, and it also doesn't allow either side to stop, think and get their facts right. In writing always. Email is OK if it's reliable and you know it's going to be read and dealt with.

Because this has been a salary deduction, you may well have to get your employer involved, as it's effectively been an unlawful deduction (outwith your contract of employment and other associated documentation, such a company handbook). But you have to tread carefully, as it could damage your relationship with your employer and affect your future in the company.

I would start with the lease company and hope they see sense and refund the money. Be really clear that a parking charge from a private company does not fit any of the categories for which they will automatically pay.

Jenni_D

Is what you posted earlier from the Lease Agreement or from your Company Car Policy? (Or do they both say the same?)

Your car policy takes precedence as that is what you are bound by as an employee of the company. (I'm presuming that you personally didn't sign the lease agreement with the lease company - I've had company cars for many years and I have never signed a lease agreement). If there are any discrepancies between the car policy and lease agreement then they are not your problem - you only have to comply with the car policy.

As this has already been taken from your salary then (I believe) you need to raise a formal grievance with your employer - contacting the lease company is possibly wasted effort (but no harm trying).

Note: I've been aware of potential of this situation for many years, so I informed my company many years ago that any claims for parking charge notices would be robustly objected to and a formal grievance raised. (I'm also in Scotland so there's [currently] no keeper liability here anyway, so the lease company could never be liable anyway for an "offence" in Scotland - something which I also advised my company on). I did once get a PCN (postal to the lease co.) - they did try to claim it from me; I reminded them of the prior communication and the whole thing just quietly went away. (I've no idea whether the PPC was paid for the PCN - all I know is that I didn't pay anything).

Finchowned

Hi. Appreciate the last couple of responses.

Jenni_D, this course of action will be the one I take in the first instance. As the money has been taken already, I feel going via my employer is the logical first step.

Failing that, I’ll reach out to the lease company.

Regardless of how my case is resolved, I will be raising a complaint around the current PCN process, as well as the huge delay between the PCN being issued and receiving the notice from the lease company.

Thanks for the guidance and clarity around this.

Coupon-mad

Look up the 2013 Memorandum of Understanding between the BVRLA and BPA, so you can bring within your complaint, an informed argument about what should have happened.

Jenni_D

Coupon-mad said:

Look up the 2013 Memorandum of Understanding between the BVRLA and BPA, so you can bring within your complaint, an informed argument about what should have happened.

I think that's what @Umkomaas linked in the first reply.  

Coupon-mad

Ah , well spotted Jenni and well posted Umkomaas.  My bad - I rarely read back!