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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I work for Dominos Pizza. On tuesday I parked the company

Customer Question

I work for Dominos Pizza.
On tuesday I parked the company car in a parking bay that was not marked Dominos because the customers had used up the 2 spaces we have and the other company car used the remaining one.I did not inform the manager at the time that the car was parked in a space that was not a Dominos space.I do know however that the manager on duty on completion of a shift has to check that the company cars are locked in case a driver forgets and the company car is broken into.
We have 2 company cars.
On wednesday the next day, the car I had used previously incurred a parking fine.
On that day I wasn't working.
The car park rules are that a car can use a space for 2 hours after which it must be moved unless the car was in a designated Dominos space
The time given on the ticket was 1630 hours.
On thursday when I went to work I was informed by the manager that I was liable to pay the fine since I parked the company car in the wrong bay previously.
I would like to know who is liable to pay the fine, the company or myself.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Who is the issuer of the fine please?

Customer:

AM parking services Ltd

Alex Watts :

Were you on work business please?

Customer:

When the fine was issued for the company car I was not at work.

Alex Watts :

Ok - if you were not at work or not on work business then you would be liable for the fine.

Alex Watts :

If you were at work or on work related business then you would NOT be liable for the fine

Alex Watts :

This is personal if you were doing personal business then it is the same as if you were speeding, the company wouldn't be liable you would be

Alex Watts :

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

The car does not belong to me.

Alex Watts :

But you were driving it?

Customer:

AM parking have issued the fine to the company.

Alex Watts :

Are they the registered owner of the car?

Customer:

Yes and also when I parked I was on company business.

Alex Watts :

I asked if you were working and you said - no

Alex Watts :

If it is a company car a fine will always go to the registered owner.

Alex Watts :

The same if you were caught speeding, the notice of intended prosecution would go to the owner

Customer:

Dominos manager has told me to pay their fine

Alex Watts :

The owner then has to identify the driver

Alex Watts :

But in short if you were on business the company IS liable

Alex Watts :

If this was a personal trip then YOU are liable

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Can the company get me to pay if I was on company business,

Alex Watts :

No -

Alex Watts :

If it was company business then unless they have a policy or your agreement they can't get it from you.

Alex Watts :

Can I clarify anything else for you?

Customer:

The manager is forcing me to pay the fine even though I was on company business the previous day and I did not use for personal or company reasons when the fine was issued.I do not use the Dominos car for personal use.

Alex Watts :

OK - the manager can't force you. If they have no agreement or its not in your terms they can't make you pay it

Customer:

I only use the company cars for their business

Alex Watts :

Ok - then they can't make you pay

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

What can I do if they force me to pay?

Alex Watts :

You can issue a small claim for the amount paid back.

Customer:

Thank you.

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

The crux of the matter is that the manager is saying that even though I was on company business I should have parked the car in the right bay so that they would not have the bother of moving the car the next day.

Customer: replied 2 years ago.
Relist: Incomplete answer.
Expert:  Ash replied 2 years ago.
Yes but unless there is a policy to state this from your employer, you were still on works business.

Alex

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