Salary sacrifice scheme and ParkingEye fines

Castle

LDast said:

Tusker are utter morons when it comes to this. Their excuse is that the Hirer is the employer. The employee who is purchasing the vehicle through their salary sacrifice is the day to day keeper.

Whatever arrangement Tusker have with the Hirer (the employer) should not absolve them from the ability to transfer liability away from themselves as the Keeper. However, they do not follow the prescribed method of legally transferring liability as required under PoFA. Instead, they either pay the PCN, thus depriving the employee of any right to appeal, even though the "Tusker Fines Team" (utter feckwits of the first order) send a copy of the NtK together with a letter of authority to the employee, telling them to deal with it and if their appeal is successful, they will refund the payment, as though they are dealing with a statutory penalty notice.

Made even worse in this situation as the OP is based in Scotland, and therefore POFA won't apply to any PCN's issued in Scotland at the moment. 

Coupon-mad

I would 100% never accept ANY of this:

"Tusker reserves the right to pay any fine on your behalf if a private notice increases or escalates to debt recovery, or if our arrangements with the relevant parking company allow us to do so without impacting your ability to challenge the notice.

All fines and charges are dealt with according to guidelines laid out by the following organisations: British Parking Association, British Vehicle Rental and Leasing Association and Protection of Freedoms.

*Please note there are additional restrictions around notices issued on railway land and as such these will be paid immediately by Tusker and cannot be contested.

* PCNs issued by Parking Eye are paid immediately. You are offered 6 months to lodge an appeal from the date of issue as customer of Tusker."

They don't know what they're doing!

Much of that makes no sense in England, let alone in Scotland, where there is no 'keeper liability'.  The bit about railways makes no sense.  The bit about the POFA doesn't apply in Scotland. The BPA are not the only Trade Body... these are not fines and they cannot reserve a 'right' that they don't enjoy under any law...I could go on!

They have no business paying any of these and denying your right to decide to say "see you in court" to a scammer PPC.

The terms are clearly unfair under the CRA 2015.  That's illegal and unenforceable.

LDast

The problem is that they do it anyway and the money is docked from the employees salary. So, it becomes an issue for the employee to sue their employer and Tusker.

Anyone signing up to one of these salary sacrifice contracts with Tusker and their employer should make sure they have some decent legal insurance cover. 

Coupon-mad

I can't believe anyone signs this.