Lease company paid Charge, any hope?

CocoIshka0303

Hello,  

I received a C-E Parking Charge whilst parked as part of my meter reading job at a venue - retirement complex - I was 14 mins and couldn't register inside as there was no answer from management.  The signs are worded minutely small but apparently they only allow 10 mins.

Lease company - West Wallasey - have automatically paid the charge and added £25 admin fee + £5 VAT which will be taken from my wage.  Work say I can appeal it through C-E and get back to them.

I email the complex manager from Firstport and asked her to request with C-E that it is cancelled. She wrote back saying "I contacted the parking company about the cancellation.  They just replied saying that the fine cannot be cancelled because it has been paid and the money is non-refundable. Someone must have paid it.  Unfortunately, nothing can be done about it."

Is there any use in appealing through C-E / POPLA if it has been paid already?

In my work contract it says,

“The payment of any penalties or fines associated with driving are your sole responsibility. The 

Company reserves the right to deduct any charges levied against the Company from your 

earnings in respect of, but not exclusively, Parking Fines or Congestion Penalties. Such 

deductions shall include any related administration fees charged by the Fleet Operator or other 

third party.” 

I note they use the terms "penalties" and "fines".  West Wallasey also uses this incorrectly in their invoice to work.  Would I have any recourse here legally as it is a Charge and not a Penalty? Although, it does say 'but not exclusively'. 

Or with respect to the new code from BVRLA,

Shifting liability added to Private Parking Code of Practice:
www dot bvrla dot co dot uk/resource/shifting-liability-added-to-private-parking-code-of-practice.html

Would they have violated the CoU by paying a Charge and not forwarding on my details instead?


Thanks

Gr1pr

Are they BVRLA members  ?  If yes complain about it 

Your contract with your work is a different civil matter, so if it was a Parking Charge Notice from a private parking company,  they have denied your right to appeal to the parking company   (  is it CEL  ? )

Private pcns are definitely not fines or penalties,  so you could raise a dispute with them , but they may not understand the difference,  so perhaps speak to your union,  if you have one , especially if they offer free legal advice 

The lease company are perfectly entitled to appeal it,  name the hirer,  or pay 

The issue is whether or not they have a watertight contract that allows them to charge YOU, or not, regardless of what the charge is or was

CocoIshka0303

Yes it is Civil Enforcement ltd.  

West Wallasey are BVRLA members. 

No union I'm afraid.  I'm not privy to the contract WW have with my workplace, but I imagine that it says the same as is in my work contract.

My issue is as you described that they have effectively denied my right to appeal.

It is also difficult as there is my workplace in between WW and me. WW will be invoicing work who will take the money out of my payroll.

Gr1pr

CocoIshka0303 said:

Yes it is Civil Enforcement ltd.  

West Wallasey are BVRLA members. 

No union I'm afraid.  I'm not privy to the contract WW have with my workplace, but I imagine that it says the same as is in my work contract.

My issue is as you described that they have effectively denied my right to appeal.

It is also difficult as there is my workplace in between WW and me. WW will be invoicing work who will take the money out of my payroll.

In that case its more complicated due to various contracts in place,  but WW are perfectly entitled to pay any invoices raised against the vehicle,  be it tyres, brakes,  whatever   !

So your problems are the various civil contracts between the parties involved here,  WW , your company,  and you

Who can charge who for what and the legalese with what they all signed 

Whilst many contracts mention legalese words like, authorities, penalties and fines,  a private parking company invoice is none of them, it's no different than WW paying an invoice for a new tyre and then trying to pass it on to the person in charge of the vehicle,  the day to day keeper,  on whose watch the tyre failed or popped

Coupon-mad

I'd let it all happen then (rather than risk your job) after having the money deducted, send a LBC to the lease firm who paid it and then look to issue a claim for the losses they've caused you by paying an invoice that wasn't within the policy. It wasn't a fine or penalty so they had no right to pay it and stop your right to appeal. You can't appeal.