Do I have any rights here with my employer

[isoprox]

and considering the amount bullying i was receiving I think I am being more than fair to be honest

[Emmzzi]

sure. BUT the company get the invoice and own the invoice and it is their decision to pay or not, not the OPS.

 

And his car contract undoubtedly says he is liable for it, usually plus an admin fee.

 

OP, you cannot offset bullying against skiving off!!

[isoprox]

ok I agree and I am not saying that I am offsetting anything, also it does not make bulling ok either, as I am sure people who have been bullied at work will agree, and that you will do anything to skive if it gets you away from the bullying and by the way i WAS MERELY ASKING DO I HAVE TO PAY

[Conniff]

The short answer is 'NO'. The ticket is not legal and cannot be enforced. A days pay is a con unless you were there the whole day. If you feel morally obliged to pay it, make it only for the time you were there minus the time it would have taken for you to service the car and have a coffee or meal if it was lunch break time.

[Emmzzi]

I think he needs to check the car agreement before deciding that.

[Conniff]

I don't agree. It's up to the private parking company to take any action they see fit in an attempt to get money out of someone. It is not up to a third party, employer or not, to demand someone pays a ticket that has no legal basis for issue to start with.

[isoprox]

Thanks Conniff I will take your advice

[Emmzzi]

Conniff, neither of us can make a valid judgement without knowing the exact working of any clause in the agreement between employer and employee about parking charges. We're both having a guess.

 

I suggest OP finds that and posts it up.

[Conniff]

I agree Emmzzi. It's just my opinion but I would not pay the ticket as it is not legal and cannot be enforced in court.

[Emmzzi]

I wouldn't pay it either, as I own my own car. But for a lot of lease cars, they are paid automatically by the lease company and the charge passed back as a contract term as they CBA messing about with the paperwork. It's in the T&Cs.

 

Right OP - dig out your paperwork and let's hear what it says

[LaughingGirl]

While I would usually say that the parking Co. could go whistle, if the OP is waiting on a reference from his company for his new job, I'm not sure that it's worth potentially jeopardising his employment over this.

 

What about writing back to them suggesting that you'll pay back the amount of time you were with your friend rather than the whole day, and cover the parking fee? Bottom line, is it worth paying something just to put the whole experience to bed and move on, rather than get into a protracted argument about it?

 

How much are the invoices for, by the way?

[assisted blonde]

I havew a company car and it is in the contract that any fines will be paid by the company and I will re inburse them, altough this isnt a fine and dosnt have to be paid if the company have paid it they are withun their rights if it is in the contarct to invoice the OP, also you have to be at a services for over 2 hours before a penalty is issued so just how long was the OP there? Just pay it to avoid arguments

[becky2585]

Legally speaking...

 

1. If the OP was sent the fine directly = OP doesn't need to pay as its an unlawful speculative invoice.

 

2. If the OP's company was sent the fine and they've paid it already:

a. If they have the contractual right, the employer can recoup this from the OP.

b. If they don't have the contractual right, they can't.

 

Basically, regardless of whether the invoice is legally enforceable, if the company have chosen to pay it then if they have the contractual right, they can legitimately claim it back from the OP as they've already suffered a financial loss as a result of the OP's actions.

[belfast4]

Legally speaking...

 

 

 

1. If the OP was sent the fine directly = OP doesn't need to pay as its an unlawful speculative invoice.

 

 

 

2. If the OP's company was sent the fine and they've paid it already:

 

a. If they have the contractual right, the employer can recoup this from the OP.

 

b. If they don't have the contractual right, they can't.

 

 

 

Basically, regardless of whether the invoice is legally enforceable, if the company have chosen to pay it then if they have the contractual right, they can legitimately claim it back from the OP as they've already suffered a financial loss as a result of the OP's actions.

 

 

 

 

I would write to your former company and tell them to give the parking company your name and address and you will sort that bit out yourself. you can then not pay the fine.

[Sidewinder]

I havew a company car and it is in the contract that any fines will be paid by the company and I will re inburse them, altough this isnt a fine and dosnt have to be paid if the company have paid it they are withun their rights if it is in the contarct to invoice the OP, also you have to be at a services for over 2 hours before a penalty is issued so just how long was the OP there? Just pay it to avoid arguments

 

Contracts are often specific in that FINES can be recovered, and a PCN from a private company is able to be challenged on that basis - as is an admin fee, for whether specified or not, depending on the size of it this may well represent an unlawful penalty rather than being purely an 'admin' fee.

 

We have had a number of our staff with hire cars where the rental company paid a PPC charge and then levied a £25 admin fee, but were able to get both back on that basis.

[ericsbrother]

How much do you need this recent employers reference? Anyone leaving a company after a matter of months is obviously not happy there so any reference other than the cursory employers reference is meaningless. No employer would put on a reference that they believed you were skiving on your last days there, nor would they put that you left without paying a speculative parking charge to a motorway service area because theyknow very well that they would end up in an ET or high court for doing so.

I think you are worrying too much about what sounds like sour grapes from a bad employer. As stated, the parking charge is an unenforceable speculative invoice that has no legal substance and your ex-employer cannot ask you for your salary back. Let them sue you if they really think that they are right and we can all read about it in the papers when they make fools of themselves and go out of business in the aftermath.