Hello, a CSH newbie here.

Please can anyone offer me advice on how to progress this ...

I've received a PCN (Parking Charge Notice) via Enterprise Rent-A-Car, informing me of an alleged offence committed at Calder Park, Wakefield, on 31st October 2018, whilst driving one of their hire cars.

The contravention carried a £60 fine which Enterprise have automatically paid to VCS (Sheffield) and they've now passed the bill onto me together with a £25 Admin Fee.

I was driving the car on company business and the resultant £85 has been taken directly from my salary.

The thing is, I don't believe I've committed and offence but because of Enterprise's actions I feel that I have lost my right to appeal, please could you advise what I can do?

I've written a polite letter to VCS to offer my version of events in an attempt to appeal the charge, but this was 3 weeks ago and I've had no reply.

Thanks for any help.

Stuart

If they want to pay it, thats their lookout. What did your contract say when you hired the car? And you cant appeal the charge now, as its been paid and done with.

I didn't sign a contract, the company organise that.

Firstly it's not a fine, it's an invoice from a private company and the distinction is extremely important.

If it was a fine from the police or a council, then it's usually in car hire contracts that the company can debit the amount of the fine plus an admin. fee.

But this is an invoice from a private company, about as relevant as them paying the bill for the Christmas tree you've just bought. Enterprise Rent-A-Car should have told VCS who the hirer was and removed themselves from the loop.

I think you are going to have to threaten to sue Enterprise Rent-A-Ca and/or your employer. Am I right in thinking that Enterprise paid the invoice, then billed your employer who in turn took the money from your wages?

FTMDave - yes, you are right, Enterprise paid the invoice, then billed my employer who in turn took the money from my wages.

there are no rules in enterprises T&C's that say they can automatically pay any speculative invoices, real PENALTY CHARGE NOTICES - yes by not these.

ask them directly where the VCS paperwork says FINE and PENALTY CHARGE NOTICE and get that fee back too

Have you got their address? I'll send them a few random invoices. Christmas is coming.

Are you able to view the contract the company signed, at work, and look at the section about fines? If so good.

If not, contact Enterprise, explain they've taken £85, and ask to see their contract terms regarding fines.

However, I'll guarantee it'll be as DX describes, that they can take money for real fines, but not for private invoices for mince pies, Christmas trees or imaginary parking events.

Whatever you do, don't refer to the invoice you received from VCS as a fine. It's not, and it's precisely this confusion that has led to Enterprise mistakenly coughing up.

I've been doing more digging ...

An agreement has been set up between my organisation and Enterprise to settle any fines or charges in this way, a contract that I don't get sight of. I spoke to Enterprise's violation department and asked what would have happened if it was simply a personal hire agreement and they confirmed that they would have just forwarded the PCN onto me for me to settle.

as you have had ther money taken out of your wages you had better let your emplyer know that you dispute the charge and their actions as an unlawful deduction of wages.

It is not a fine, it is a disputed charge for an alleged breach of contract and as you werent party to the contract between your employer and the vehicle hire co let alone your employer and VCS they have no right to withold your wages.

You will need to read up on your company policies and grievance procedure before you put pen to paper.

If your employer wants to argue about the charge that is up to them, nothing to do with you now due to their actions.

you should also look at refusing to use hire vehicles unless the company indemnify you against such demands for payment {not to be confused with actual fines etc).

Do you have union representation at your workplace?

if so speak to the rep, whether you are a member or not.

I know what my old employers response would have been to Enterprise and old "little legs" would be off to court to do battle again.

I thought it might be heading this way.

I've already said that I won't be using the hire vehicles or pool cars again but that restricts me from doing my job so I need to tread carefully.

well they need to sort out their unlawful clauses in your contract then.

works bothways.

this would be a great dismissal tribunal case if it ever got that far.

they cannot do this end of.

I thought it might be heading this way.

 

I've already said that I won't be using the hire vehicles or pool cars again but that restricts me from doing my job so I need to tread carefully.

So, you've got an agreement with your employer to be held liable in the event that such a charge is incurred by you during the course of your work - no questions asked?

dx100uk - wouldn't it just, do you want to book a seat, lol?!

Shamrocker - I wasn't aware of this until today, questions will be asked tomorrow.

Thanks to all for your feedback.