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Company has already paid a parking fine "on your behalf"...advice?

OH has a company car. OH got a PCN on NYE. This was sent to the fleet management company who forwarded to OHs company. OHs company paid this £50 fine immediately, added a £10 admin fee for their bother, so £60 will be deducting from his February wages.

I'm seething that his company have done this. OH is resigned to the fact his company don't give a damn about their workers and this is yet another example.

Having read this board, I know we have good grounds to challenge the PCN but the fact the fine has already been paid means we can't challenge, yes?
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Comments

  • Coupon-mad
    Coupon-mad Posts: 131,429 Forumite
    Name Dropper First Post Photogenic First Anniversary
    If it's from Parking Eye then you can challenge it, and complain to the venue/hotel/retailer and PE will consider cancellation.

    Other PPCs, maybe not unless the venue/retailer insist, so try a complaint.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Redx
    Redx Posts: 38,084 Forumite
    First Anniversary Name Dropper First Post Photogenic
    depends what the T & C,s for his contract or employment say about if they can dock his wages

    and if you or he continue to call this a "fine" then you are making it worse, because it is an INVOICE , not a "fine"

    the T & C,s may mention fines and penalties but are unlikely to mention parking charge invoices, but as this is neither a fine nor a penalty you should not be using those words at all, to save on any confusion and misinterpretation by the company

    they can pay it by all means, but that doesnt make it legal to transfer the obligation onto the hirer , nor dock their wages, unless its in their contract or employment

    they should have named the hirer and be done with it , allowing hubby to appeal it or pay it
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    First Post Combo Breaker
    Assuming this was from a PPC on private land, then you have zero chance of getting the PPC to make a refund and, in any case, you didn't pay the charge so no refund due to you.

    You need to see what the contract with the fleet management company says and tackle them direct if employer won't help by quoting from POFA as pointed to by Redx above. But your employer should help in thus case if presented with POFA quote and explaining the difference between fines and speculative private invoices from stammers.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    edited 12 January 2019 at 12:11PM
    I would have a word with Slater Gordon, a law firm specialising in unfair dismissal claims. Whatever you contract may say, your employer has taken away your legal right to appeal.

    Also complain to your MP as jt is the will of Parliament that these scammers be put out of business.

    Hopefully that will take place in the near future. The Bill has passed through the HOC without hitch, and goes to the Lords soon. In the meantime involve your MP, the poor dears are buckling under the weight of complaints about these scammers.

    This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

    Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

    The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.

    Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Third Reading in late November, and, with a fair wind, will become Law next year.

    All three readings are available to watch on the internet, (some 6-7 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.
    You never know how far you can go until you go too far.
  • Fruitcake
    Fruitcake Posts: 58,223 Forumite
    Name Dropper Photogenic First Anniversary First Post
    edited 12 January 2019 at 1:34PM
    If your OH is a member of a trade union, the local rep should be heavily involved, assuming the employment or hire Ts and Cs do not mention private parking charge notices.

    I had this happen at work when I was a Unite rep where the hire company paid a PCN and charged it to the employee's corporate credit charge. I got the money back from the hire co thanks to this forum, which is how I got involved here in the first place.

    I also got money back when the hire-company's own employee parked in a council car park after collecting it from my colleague.

    In both cases I cited the unfair removal of the employee's right to appeal and the hire co's own Tcs and Cs.
    I married my cousin. I had to...
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  • Half_way
    Half_way Posts: 7,047 Forumite
    First Anniversary Name Dropper First Post
    Who issued the parking ticket?
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • unforeseen
    unforeseen Posts: 7,279 Forumite
    First Anniversary Name Dropper First Post
    Please read the op again. It was OH's own employer that paid the charge not the Fleet Management Company
  • Half_way
    Half_way Posts: 7,047 Forumite
    First Anniversary Name Dropper First Post
    unforeseen wrote: »
    Please read the op again. It was OH's own employer that paid the charge not the Fleet Management Company

    Yes, but who issued the ticket? was this a PCN or a PCN? the difference is usually important, one is a council ticket the other is private.
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • Fruitcake
    Fruitcake Posts: 58,223 Forumite
    Name Dropper Photogenic First Anniversary First Post
    … and the process is the same if it's private no matter who paid it when they shouldn't.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    First Post Combo Breaker
    unforeseen wrote: »
    Please read the op again. It was OH's own employer that paid the charge not the Fleet Management Company

    You are absolutely correct, so please ignore my post #4 which deals with the situation where the fleet management company paid the charge.

    Certainly OH company has no right to add £10 administration and I agree that if a union is available, use it.

    If it is a decent sized public company, then HR or the legal office should be written to.
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