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  • FIRST POST
    • vicker
    • By vicker 11th Jan 19, 11:30 PM
    • 149Posts
    • 102Thanks
    vicker
    Company has already paid a parking fine "on your behalf"...advice?
    • #1
    • 11th Jan 19, 11:30 PM
    Company has already paid a parking fine "on your behalf"...advice? 11th Jan 19 at 11:30 PM
    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?
Page 1
    • Coupon-mad
    • By Coupon-mad 11th Jan 19, 11:55 PM
    • 65,759 Posts
    • 78,280 Thanks
    Coupon-mad
    • #2
    • 11th Jan 19, 11:55 PM
    • #2
    • 11th Jan 19, 11:55 PM
    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 UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • Redx
    • By Redx 12th Jan 19, 12:01 AM
    • 21,042 Posts
    • 26,445 Thanks
    Redx
    • #3
    • 12th Jan 19, 12:01 AM
    • #3
    • 12th Jan 19, 12:01 AM
    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
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Guys Dad
    • By Guys Dad 12th Jan 19, 10:17 AM
    • 10,741 Posts
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    Guys Dad
    • #4
    • 12th Jan 19, 10:17 AM
    • #4
    • 12th Jan 19, 10:17 AM
    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
    • By The Deep 12th Jan 19, 11:08 AM
    • 11,505 Posts
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    The Deep
    • #5
    • 12th Jan 19, 11:08 AM
    • #5
    • 12th Jan 19, 11:08 AM
    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.
    Last edited by The Deep; 12-01-2019 at 11:11 AM.
    You never know how far you can go until you go too far.
    • Fruitcake
    • By Fruitcake 12th Jan 19, 12:31 PM
    • 38,555 Posts
    • 86,430 Thanks
    Fruitcake
    • #6
    • 12th Jan 19, 12:31 PM
    • #6
    • 12th Jan 19, 12:31 PM
    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.
    Last edited by Fruitcake; 12-01-2019 at 12:34 PM.
    I married my cousin. I had to...
    I don't have a sister.

    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
    • Half_way
    • By Half_way 12th Jan 19, 2:10 PM
    • 4,446 Posts
    • 6,309 Thanks
    Half_way
    • #7
    • 12th Jan 19, 2:10 PM
    • #7
    • 12th Jan 19, 2:10 PM
    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
    • By unforeseen 12th Jan 19, 2:33 PM
    • 3,359 Posts
    • 4,507 Thanks
    unforeseen
    • #8
    • 12th Jan 19, 2:33 PM
    • #8
    • 12th Jan 19, 2:33 PM
    Please read the op again. It was OH's own employer that paid the charge not the Fleet Management Company
    • Half_way
    • By Half_way 12th Jan 19, 2:51 PM
    • 4,446 Posts
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    Half_way
    • #9
    • 12th Jan 19, 2:51 PM
    • #9
    • 12th Jan 19, 2:51 PM
    Please read the op again. It was OH's own employer that paid the charge not the Fleet Management Company
    Originally posted by unforeseen
    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
    • By Fruitcake 12th Jan 19, 3:03 PM
    • 38,555 Posts
    • 86,430 Thanks
    Fruitcake
    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.

    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
    • Guys Dad
    • By Guys Dad 13th Jan 19, 8:34 AM
    • 10,741 Posts
    • 10,154 Thanks
    Guys Dad
    Please read the op again. It was OH's own employer that paid the charge not the Fleet Management Company
    Originally posted by unforeseen
    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.
    • vicker
    • By vicker 13th Jan 19, 9:27 AM
    • 149 Posts
    • 102 Thanks
    vicker
    The PCN is from Parking Eye. The fleet company have made it clear in their email "please let us know if you intend to make representation".

    OHs company email is very much "in line with company policy we have already paid this on your behalf"

    No trade union unfortunately. It's a private company of around 2000 employees. OHs colleagues have tried to fight the company on this issue in the past with no success. Their line is basically if you don't like it, get another job.
    • The Deep
    • By The Deep 13th Jan 19, 9:32 AM
    • 11,505 Posts
    • 11,593 Thanks
    The Deep
    Their line is basically if you don't like it, get another job.
    You never know how far you can go until you go too far.
    • The Deep
    • By The Deep 13th Jan 19, 9:33 AM
    • 11,505 Posts
    • 11,593 Thanks
    The Deep
    Their line is basically if you don't like it, get another job.

    I wonder if an employment tribunal would agree with them.
    You never know how far you can go until you go too far.
    • fisherjim
    • By fisherjim 13th Jan 19, 9:50 AM
    • 3,420 Posts
    • 5,269 Thanks
    fisherjim
    Maybe they will take the rap for any speeding fines your OH get too, it would be worth the 10 admin fee!!


    What a bunch of idiots, but your OH presumably signed an agreement when accepting the vehicle what does that say?
    • The Deep
    • By The Deep 13th Jan 19, 9:55 AM
    • 11,505 Posts
    • 11,593 Thanks
    The Deep
    Whatever the agreement may or may not say, OP has a legal right to appeal this charge. Private contracts cannot overrule law.
    You never know how far you can go until you go too far.
    • Coupon-mad
    • By Coupon-mad 13th Jan 19, 5:39 PM
    • 65,759 Posts
    • 78,280 Thanks
    Coupon-mad
    So have you now done the appeal I told you PE will consider?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • vicker
    • By vicker 13th Jan 19, 6:14 PM
    • 149 Posts
    • 102 Thanks
    vicker
    So have you now done the appeal I told you PE will consider?
    Originally posted by Coupon-mad

    Not yet as OH isn't sure he wants to get his employers back up...
    • The Slithy Tove
    • By The Slithy Tove 13th Jan 19, 7:54 PM
    • 3,466 Posts
    • 5,078 Thanks
    The Slithy Tove
    OHs company email is very much "in line with company policy we have already paid this on your behalf"
    Originally posted by vicker
    So, what IS that company policy? It's probably not in the employment contract itself, but in the company handbook or equivalent. What EXACTLY does it say about such matters? Sod putting their backs up, what do you think they have done to your OH? A company of 2,000 will have an HR department separate from the normal lines of management, so taking it up with them will not directly affect the relationship between your OH and the line manager. Likewise fleet management tends to be separate. [In a previous employment (large company), I had a couple of run-ins with HR who were trying to take the p***, but as soon as I quoted the relevant parts of my contract or company handbook at them, they quickly backed down.]
    Last edited by The Slithy Tove; 13-01-2019 at 7:57 PM.
    • Half_way
    • By Half_way 13th Jan 19, 8:01 PM
    • 4,446 Posts
    • 6,309 Thanks
    Half_way
    Do what CM says, get the appeal/challenge in with Parking eye.
    If you could also tell us as to why a parking charge was issued, how ,and in whose car park, then it may give grounds for a complaint to the landowner.
    Parking eye usually have so called ANPR systems, however in a few exceptionally rare cases they have foot patrols.


    Depending on why a parking charge was issued, and in whos car park ( ie what supermarket etc) this could help with a compliant to the supermarket/car park owner, going by the circumstances you /your OH finds yourself in, i would also be tempted to ask/demand that the supermarket, as principal, refunds the parking charge/costs.
    but all of that depends on the why/how and in whose car park
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
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