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I have recieved demands from a private parking company for using my parking place without displaying a valid permit but they are now trying to claim my employer should pay as the registered keeper...
We have recently been issued with 16 'trespass notices' by the private parking company which controls the residents' car park attached to our flat. We are entitled to park in this car park but were fined because we did not realise a new permit had been issued and were displaying an out-of-date permit. I sent an appeal on these grounds which was (of course) rejected. I researched into the matter and realised that this company has no legal position. So we didn't think about it any longer until my boyfriend's employer received 16 demands from Commercial Collection Services after their details were obtained from the DVLA, being the registered owner of this leased vehicle. We realise that there is still no legal grounds on which to recover this money but we are afraid that his employer will just pay out the money and then recover it direct from his salary. My questions are: What can we do to stop this company from harrassing us and the company? Does the company have the right to deduct this money from my boyfriend's salary? If we were to recover this deduction could we sue the original company who issued the demands or would we have to sue the employer (putting my boyfriend in a bad position)? Any other advice you could offer on this would be most appreciated.
This is a difficult one as you are reliant on your employer not settling them.
You need to write a strong letter to the employer stating that the penalties are in dispute. Be aware that the parking company will attempt to do all they can to persuade the employer that they are liable as keeper. This is not the case - a keeper cannot be bound into a contract by the driver and this should be explained to the employer and indeed the employer as the registered keeper is under no obligation to reveal who is driving the car - although they may well do so if they have not already. It may even be sensible to persuade your employer to reveal your details. I appreciate that this will mean additional harassment for you but at least you will have taken control of the problem.
If the money is deducted and you have written a letter advising them of the dispute then technically any deduction would be an illegal deduction of earnings unless that is it is mentioned in your boyfriend's contract that they may deduct monies associated with his vehicle in this way - we would need site of the contact of employment to verify the position on this.
With regards to the tickets you need to check your lease, or any agreement with BGS. The likelihood is they can issue a ticket for failure to display a valid permit but I find it strange they have gone on trespass - which almost certainly won't stand up and for which they would have to prove loss - rather than contract when they could possibly allege a breach by not displaying the permit.
With regards to harassment the best method of dealing with them is by demanding they issue proceedings within 14 days or they or their agents cease any further contact. You should tell them that if they do not (which is usually the case) then any further contact will be deemed harassment and you will issue proceedings against them in redress for the bother they are continuing to cause you.
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