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.

FreeworldImpossible

The son was at the same party this charge notice was issued, and now his company car provider has sent him a charge notice and notified him they've paid it too. 

He's pointing out it's not a fine but they insist, you are responsible for fines, telling him he can appeal it with the authority that issued it. 🤦 Seems they're clueless. 

My provider hasn't yet come back.

Parking Eye must have collared most people that attended this party. Absolute sharks!

Car1980

You're stuck here because your dispute is with your employer and I suspect you don't want to be fighting them.

You'd need to make a court claim against the company car company for exposing you to loss.

FreeworldImpossible

Car1980 said:

You're stuck here because your dispute is with your employer and I suspect you don't want to be fighting them.

You'd need to make a court claim against the company car company for exposing you to loss.

To be fair I'm not against fighting them. I've just had a drawn out argument about them overpaying mileage expenses at the wrong rate, and their accusation I may have acted with the best of intentions in over claiming it. In reality, their expenses system was set to the wrong mileage rate so it wasn't on me, but I challenged the way they worded their request for repayment. 

Half_way

So you cna go after the lease company, but if this puts you in a difficult spot with your employer then there is a second target that you should be going for, and even if dealing with the lease company does not cause issues this should be target number one, and that target is the Hotel.

As a direct result of the Hotel's actions in allowing an un regulated parking company to operate in their car park, you have suffered a direct loss and expenses that can be proven via receipts/bills etc. As a result of this, the Hotel can be liable to refund you for the costs that you have incurred