Salary sacrifice scheme and ParkingEye fines

glaw5

Hi there. 

I'm getting a car via my company's salary sacrifice scheme next week. As part of the deal the company administering the scheme (Tusker) will remain the registered keepers of the car, which makes sense.

However they have stated that as a result any fines incurred through ParkingEyes will be automatically paid by them and passed onto the driver. They have stated you should then go through the appeals process for any claims.

As I am in Scotland I have gone back to them to explain the system works differently here but they are refusing to admit that.

Assuming I'm still right with this I wondered if anyone has a link I could send them which explicitly talks about the 2019 Transport Act or articulates the fact that the processes are different here to England?

Hopefully I've posted this in the right place and I'm right in what I'm saying!

Thanks for any guidance!

KeithP

In either Scotland or England, a scheme where the leasing company automatically pays PCNs and suggests the amount be reclaimed from the parking company is a crazy idea.
No matter how good any appeal might be, the parking company will never repay that money. 

If you insist on joining this scheme, you had better be very sure you never pick up a parking charge anywhere - beit in Scotland, England or Wales.

Castle

glaw5 said:

Hi there. 

I'm getting a car via my company's salary sacrifice scheme next week. As part of the deal the company administering the scheme (Tusker) will remain the registered keepers of the car, which makes sense.

However they have stated that as a result any fines incurred through ParkingEyes will be automatically paid by them and passed onto the driver. They have stated you should then go through the appeals process for any claims.

As I am in Scotland I have gone back to them to explain the system works differently here but they are refusing to admit that.

Assuming I'm still right with this I wondered if anyone has a link I could send them which explicitly talks about the 2019 Transport Act or articulates the fact that the processes are different here to England?

Hopefully I've posted this in the right place and I'm right in what I'm saying!

Thanks for any guidance!

Why just "ParkingEyes"; what do they say about all of the other parking companies?

Gr1pr

The contract may mention penalties and fines , they usually do, regardless of the nation

As far as Parking Eye are concerned, any charge is a private parking charge notice, not a fine, not a penalty 

You should be checking the actual wordings and think about the differences 

Parking Eye don't issue fines or penalties, nothing to do with the transport act 2019

All of the nations have fines, penalties, and parking charge notices, with different laws and enforcement for each 

There are about 180 private parking companies, many of which use ANPR cameras. ( Not parking eyes  )

Coupon-mad

'ParkingEyes' is not a correct term for ANPR.  ParkingEye is just one company.

glaw5

Thanks for your replies. Apologies, it was my looseness of explanation. Parking charges was the term used.

Interestingly they have also included this in a reply today:

"Please be advised, as confirmed in the notification email you can still appeal. This applies for any Tusker driver due to our contractual arrangement with them.

This has been paid as Tusker has a contractual arrangement with this operator to make payment at the discounted rate, and in return our drivers are able to appeal."

KeithP

glaw5 said:

Thanks for your replies. Apologies, it was my looseness of explanation. Parking charges was the term used.

Interestingly they have also included this in a reply today:

"Please be advised, as confirmed in the notification email you can still appeal. This applies for any Tusker driver due to our contractual arrangement with them.

This has been paid as Tusker has a contractual arrangement with this operator to make payment at the discounted rate, and in return our drivers are able to appeal."

Well if you believe that, you had better make sure you only ever park in ParkingEye car parks.

What about all the other car park monitors?
There are over a hundred BPA approved operators and although I haven't counted them, there will be at least that number of members of the IAS Accredited Operator Scheme.

Gr1pr

If the contract stated the following, if we receive a private parking charge, a penalty notice, a fine, a council PCN, we will pay it and charge the hirer 

Etc

We will pay it and charge the hirer or lessee, then as the registered keeper they have the right to pay it, they have always had the right to pay the charge or invoice , they are the registered keeper , so nothing to do with the transport law etc, its their right 

Its about what you as the hirer or lessee agree if you sign that contract. We always tell the hirer or Lessee to check the exact words in those contracts, to look for wordings about private parking charges, or lack of , because the wordings are important if they wish to transfer liability or retrieve charges 

I don't see how the Transport act 2019 has any bearing on it, even in England and Wales its about the hire or lease contract, not POFA 2012 or the Transport Act 2019

Once the new mandatory CoP arrives, and if the Scottish government ratify the last clause or clauses in the transport act, then keeper liability may well apply

Drivers can already appeal in all 4 nations, regardless of those 2 laws 

prowla

I wouldn't sign up for that arrangement.

fb1969

Tusker's website FAQ for Salary Sacrifice https://tuskercars.com/help-and-support/  says "Our car scheme is designed to offer you a complete motoring package, however it doesn’t include fuel, payment of fines, engine oil, AdBlue top-ups outside of servicing, damage due to driver misuse or excess mileage charges."  so you are dealing with a company of contradictions.

You quote them as saying "Please be advised, as confirmed in the notification email you can still appeal. This applies for any Tusker driver due to our contractual arrangement with them. This has been paid as Tusker has a contractual arrangement with this operator to make payment at the discounted rate, and in return our drivers are able to appeal."  Perhaps you could ask them how many contracts they have with the number of operators there are!

I'd go with what prowla says, don't touch the scheme or that company. Sounds to me like they have no idea what they are talking about.

daveyjp

Any link to the actual terms and conditions as the devil will be in the detail.