Parking notices paid by leasing company

christopher_gallagher

Hi, my partner has a lease car through her NHS employer. On three occasions in the past year, the lease company Arval UK Ltd have received and paid parking violation notices in respect of her vehicle without seeking any input from her first. They then bill the Fleet Management Team at her employer, who then deduct the "fine" from her salary.

The first two instances were for parking in our designated and paid for bay at our home address, something which Arval failed to question. The third is for parking at the Crowne Plaza Hotel at Manchester Airport, for which we had a valid booking.

If Arval are the registered keeper of the vehicle and they pay the disputed fine, should they stand the loss when we provide evidence that we were legally parked and the notice is invalid?

The process whereby my partner suffers financial loss for an invalid parking notice because Arval have chosen to pay it immediately, without reference back to her or her employer, appears to me to breach of the principles of natural justice, specifically audi alteram or "let the other side be heard."

Any thoughts or ideas for remedies?

kazwookie

A company I worked for that had fleet cars, also paid the fine straight away,  then charge the fine back to your salary at double the rate, to 'teach you a lesson'

Folk did use to appeal to the company, some had photos etc, date stamps to prove they were in the right alloted space, some the repaid some they said tough luck. It was a nightmare, and still sounds like it is for your partner.

I would suggest, your partner  starts with a lteer / email stating facts, dats, times, etc and reason why they need to be refunded and see what happens.

Is there any thing in a staff handbook or similar about cars and parking fines?

Fruitcake

I believe Arval are members of the BVRLA. the lease/hire company trade association. This association has told all its members not to pay parking charge notices from unregulated private parking companies, but instead to pass the hirer/lessee's details to the parking company and inform the hirer/lessee they have done so. They are permitted to make a (reasonable) charge for this.

Check precisely what the hire/lease terms and conditions state about parking charge notices as opposed to fines or penalties from an authority. Many don't include the former. In any case, paying the charge on the hirer/lessee's behalf then billing them for the privilege is an unfair contract term as defined by the CRA 2015, as it denies the motorist the opportunity to appeal.

You should complain both to your wife's employer and Arval about this. You cannot appeal once the charge has been paid, so don't let them fob you off with that. If your wife is a member of a trade union, her rep should be all over this.

Your wife should also complain to the landowner and her MP about this sharp practice.