Parking Eye PCN - Lease company paid the fee

FreeworldImpossible

kryten3000 said:

I would never agree to the terms of the company policy, they're removing any possibility of you being able to dispute or appeal any charge, penalty or otherwise.  Councils get it wrong too.

To be fair I did look at the policy, but having never had a fine or anything like that in 30 years of driving I thought it might be a standard clause. Shows what I know. 

Noticeable, the lease provider has changed, and this policy is not applicable to the new lease provider going forward. But is applicable to my car. 

Coupon-mad

FreeworldImpossible said:

kryten3000 said:

I would never agree to the terms of the company policy, they're removing any possibility of you being able to dispute or appeal any charge, penalty or otherwise.  Councils get it wrong too.

To be fair I did look at the policy, but having never had a fine or anything like that in 30 years of driving I thought it might be a standard clause. Shows what I know. 

Noticeable, the lease provider has changed, and this policy is not applicable to the new lease provider going forward. But is applicable to my car. 

You still haven't had a fine.

Bounce the payment as unauthorised, exactly as advised by @kryten3000

FreeworldImpossible

Coupon-mad said:

FreeworldImpossible said:

kryten3000 said:

I would never agree to the terms of the company policy, they're removing any possibility of you being able to dispute or appeal any charge, penalty or otherwise.  Councils get it wrong too.

To be fair I did look at the policy, but having never had a fine or anything like that in 30 years of driving I thought it might be a standard clause. Shows what I know. 

Noticeable, the lease provider has changed, and this policy is not applicable to the new lease provider going forward. But is applicable to my car. 

You still haven't had a fine.

Bounce the payment as unauthorised, exactly as advised by @kryten3000

Transpires the lease company get it deducted from net pay

FreeworldImpossible

So lease company replied, saying as defined in the policy, they have paid this FINE, and if I dispute it, I should take it up with the relevant AUTHORITY. 

So I've gone back and said this is not a FINE, it is a request for payment from an unregulated private company, not a council. And the parking charge notice states that I can't appeal if it is paid. I do not agree to the charge, and it does not fall into the definition of a PENALTY charge notice as defined in the company policy. 

Will see what they come back with.

Half_way

you should challenge their use of the word AUTHORITY as well

doubledotcom

If they have taken the payment out of a salary sacrifice scheme, your employer will also face liability for any unlawful actions by your the lease company.  The lease company are the contracting party who paid the charge, failed to exercise their legal rights under PoFA, and are now attempting to shift responsibility. Your employer was not a party to the appeal process and cannot retrospectively resolve a situation caused by their failure.

Reference to “fines” and “penalty notices” in the lease agreement documentation does not cover Parking Charge Notices issued by unregulated private firms. Unless the wording of the agreement explicitly extends to civil contractual charges of this nature, their actions in paying and recharging the amount are unlawful.