Hexus.Legal/Union

[GoNz0]

well works dropped another one into the mix today, we are on 30 days notice that they will no longer pay any parking fines we get at work, tbh i did expect this and don't have any choice but they have asked me to sign and return to accept that and the following.

Fines sent direct to <company name>, such as camera activated penalties, will be paid by <company name> and deducted from the next month’s salary.

can they really do this ?

basically they are saying that you can no longer contest a fine and they are just going to pay it ?

apart from speeding tickets having by law to be sent direct to the driver how can they even threaten this ?

[blueball]

We NEVER paid speeding or parking fines for a member of staff. It was always passed to the member of staff and the relevant authority notified of details. As far as we were concerned I don't expect my staff to speed or park illegally and if they do then they get what they deserve, we reimbursed all parking charges so there was no excuse.

I think your company would be better passing things to the relevant driver and informing the authorites to deal direct. It shouldn't be the companies issue either.

My 2p and not everyone may agree but everyone has an opinion

[GoNz0]

i knew the passing on of fines was coming, sometimes we get held up or couldn't make it back in time but i don't mind paying a fine, your missing the point and your company policy is not relevant,

the issue is them seeming to think its ok to pay any fines they get then deduct from our pay packet removing our right to contest a fine.

mistakes are made by the people issuing fines and this removes my right to contest it.

tbh is they want £60 from me i want every bit of proof making them work for it, not some twit at work paying without question then deducting form my wages.

[DR]

How many times have you been caught? Why shouldn't you pay your fines?

[peterb]

I don't think the issue is the payment, it is the fact that the company appear to be removing his right to contest it.

If the car is (say) a company car, and not registered to the driver, the company should notify the ticket issuing authority so that they can issue the penalty to the driver, and not assume guilt on his behalf. As there will be penalty points on the license, the driver will have to submit his license anyway.

[dave87]

I think my main concern would be the fact they are implying they'll, carte blanche, pay the fines that land on the company's door mat, without consulting the employee concerned, and then deduct the cost from the next pay packet. I presume that is also what GoNz0 is concerned about, too.

This is all very well if it is a well evidenced, correctly enforced penalty, but what about the various Private Parking Companies that pop up and demand £120 (or indeed more) for your trouble - by sending what is at best a spurious invoice dressed up to look like an official PCN. It is also not unknown for errors to be made, and in most cases any appeal is too late after you've paid the fine.

As to whether they can do it - depends on your contract, if indeed this was a specified contractual right. If not, there are a whole host of other ways it can become part of your contract potentially, but all of these routes will end up in them being a lot more defensive, and basically offering a new contract (with the ammendments incorporated) or redundancy, at a guess.

Have you spoken to them about the changes? Highlighted your concerns? Often better going in saying you understand why they are doing it, but that you have worries/concerns/see potential problems with the proposed solution, and see what they say.

I'd guess someone has been taking the piss at the company's expense, and this is a reaction to it.

[GoNz0]

How many times have you been caught? Why shouldn't you pay your fines?

really ?? did you read it all david ? thats not the point.

I don't think the issue is the payment, it is the fact that the company appear to be removing his right to contest it.

If the car is (say) a company car, and not registered to the driver, the company should notify the ticket issuing authority so that they can issue the penalty to the driver, and not assume guilt on his behalf. As there will be penalty points on the license, the driver will have to submit his license anyway.

your correct, thanks for reading all of it.

I think my main concern would be the fact they are implying they'll, carte blanche, pay the fines that land on the company's door mat, without consulting the employee concerned, and then deduct the cost from the next pay packet. I presume that is also what GoNz0 is concerned about, too.

This is all very well if it is a well evidenced, correctly enforced penalty, but what about the various Private Parking Companies that pop up and demand £120 (or indeed more) for your trouble - by sending what is at best a spurious invoice dressed up to look like an official PCN. It is also not unknown for errors to be made, and in most cases any appeal is too late after you've paid the fine.

As to whether they can do it - depends on your contract, if indeed this was a specified contractual right. If not, there are a whole host of other ways it can become part of your contract potentially, but all of these routes will end up in them being a lot more defensive, and basically offering a new contract (with the ammendments incorporated) or redundancy, at a guess.

Have you spoken to them about the changes? Highlighted your concerns? Often better going in saying you understand why they are doing it, but that you have worries/concerns/see potential problems with the proposed solution, and see what they say.

I'd guess someone has been taking the piss at the company's expense, and this is a reaction to it.

i have not spoken to them yet, for now i have declined to sign and return until i have spoken to a few more members of staff, rather than tackle this direct after a not so good pay review last week where i basically told a director he was taking the piss i don't want to re-stoke the fire just yet.


we were allowed a max of 2 parking related fines a year as sometimes if we got caught up in a real bitch of a repair we may have been back a few minutes late and got a ticket, same applied if you were stuck up a ladder in a situation where it was not safe to get down to go top up a parking machine or move the van without leaving something in a dangerous situation, i expect the latter is why the 2 fine thing was put in place.

[blueball]

your missing the point and your company policy is not relevant,

Rather than saying I'm missing the point, why not read what I said!

Our policy was to pass everything through to the driver and let the driver and the authority deal directly. That is what you want and that is what we did.

You try and help people and get things thrown back in your face, don't know why I bother some days.

Sort your own problems!

[GoNz0]

Rather than saying I'm missing the point, why not read what I said!

Our policy was to pass everything through to the driver and let the driver and the authority deal directly. That is what you want and that is what we did.

You try and help people and get things thrown back in your face, don't know why I bother some days.

Sort your own problems!

sorry if it was harsh but the paying of the fine was never in question and has always been the same as your company.

[blueball]

apology accepted, I've had a crap day and took it out on you. Sorry back.

[Behemoth]

Awww feel the love in here today ^

Anyway I can see where GoNz0 is coming from, if I was on company time and had gained a fine I'd want to be contesting it too, finding out of they can remove the right for you to be able to challenge it, rather have you pay it instantly.

That said if you've parked somewhere you shouldn't or have gone over time then it's a case of hard cheese.

I really think I'd be calling up ACAS about this, they may be able to give a finer point on it.

I can't wait for parking in England to be regulated, will be the end of over priced clamping and over inflated parking charges.

[GoNz0]

the thing that bothers me is the situation where iam stuck up a ladder and have 2 options,

1, leave something in s a really dangerous condition to go move the van

2, finish the job so no ones in danger and risk a fine.

the ironic thing is the company will sack me if i leave a job in a dangerous condition to move the van.

[Behemoth]

How often (I can imagine it's a fair old amount in all fairness) do you park somewhere there's restrictions ?

[GoNz0]

How often (I can imagine it's a fair old amount in all fairness) do you park somewhere there's restrictions ?

at least once per day, even today i had little choice in being 2 foot onto double yellows but had little choice other than drive round and round in the hope of getting close to lug a great box of pc equipment to the student digs.

i often do 3 hour training and sods law its a 2 hour bay so you wing it a fair bit, well not any more i shall leave after 2 hours.

if i can pay i will pay for parking but your often limited to the time you can park or unable to renew a ticket due to restrictions.

i have had 2 tickets in 4 years and we were allowed 2 per year.

one was a hospital so not legaally enforced but work paid it rather than let me deal with it after they got the threats, and the 2nd was a loading bay where i went to deliver a part but went over the 10 mins loading time (that was not listed) and got a fat lesbian communist of a traffic warden who didnt give a toss that i came back with the city link package in my hands still. i let work pay rather than get all the paperwork.

[Zak33]

Sair had this issue:

A) got parking fine... spelled reg number of company pool car wrong by interposing two of reg letters on parking meter

B) fine arrived at work... work paid, without discussing... then handed her the bill

C) sair contested bill with parking authority... parking authority agreed to refund bill...

D) sair had bill revoked and didn't therfore pay it to company

so I think you have to have short meeting with HR and say "Isign agreement IF you change it to say I can contest it after payment and any success, with any admittance with parking authority that error has occuredinvolves you paying me fine back"

[peterb]

There is a difference between speeding and parking.

Speeding- is a criminal offence, and on conviction, results in a criminal record and usually points on the licence (and as an MP has found out, allegedly getting someone else to take the blame can lead to a charge of perjury and/perverting the course of justice)

Parking is usually a civil matter, hence the term 'penslty' and does not result in a criminal record, it is an administrative matter, which I guess is why the company used to pay.

I suppose that if the company passes on the details for the driver to contest the ticket, (and parking is oretty black and white) then they are within their rights to do so, but it seems a bit of a heavy handed approach.

The other aspect is that most parking penalties have a discount for prompt payment, but if you appeal a parking ticket, that clock stops until the appeal is considered, paying the penalty and then trying to get it overturned might be harder than disputing it in the first place.