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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 3044
Experience:  Over 5 years in practice.
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Company Policy on Parking fines is to pay them immediately

Customer Question

Company Policy on Parking fines is to pay them immediately and deducting fine from salary removing right to appeal, but adding if fine is appealed and fine returned money will be repaid, but right to appeal has been denied therefore it can never be repaid.
Is there a statutory right of appeal which employer must adhere to
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Alice H replied 1 year ago.
My name is ***** ***** I'm happy to help with your question today. I need to ask you some preliminary questions to be able to help you.
Could you be a little clearer? What exactly do you wish to know?
Customer: replied 1 year ago.

By paying PCN.s and NTO's on receipt removes any rights to Appeals process this is clearly noted on PCN and NTO's.

Therefore am I correct in saying the Company is denying employees of a Statutory Right of Appeal

Also if this is correct the Company is making Unauthorised deductions from employee wages.

Expert:  Alice H replied 1 year ago.
Thanks.
Does your employment contract provide for these deductions from your pay?
Customer: replied 1 year ago.

Also contained within The Company Car Policy is Section 31.1 and also forms part of contract and provision.

31.1 The deduction of fines will not be deferred under any circumstances. If a fine is being contested and this contestation is successful, a refund will be made to the employee upon receipt of a refund from the relevant Authority.

Again the outdated company policy has not kept pace with current parking rules and regulation and the Company has denied its employees the right to "contest" fines and any possibility of a refund.

This makes current policy a contradiction and invalidates the Company Policy, therefore as stated previously any deductions referenced to this policy are most definitely Unauthorised.

Customer: replied 1 year ago.

31.0 Motoring and Driving Fines

31.1 Drivers are responsible for payment of fines. These should be paid immediately on receipt by the driver. Breaches of this obligation may result in Company vehicles being removed from the individuals concerned.

The Company will make direct payments to avoid being summonsed. Parking and other associated fines will be deducted from the employee’s salary, together with an administration charge applicable at the time. In the event of Company. receiving a fine in relation to a hire vehicle, this charge will be passed to the employee, together with the hire company’s administration charge.

Also contained within The Company Car Policy is Section 31.1 and also forms part of contract and provision.

31.1 The deduction of fines will not be deferred under any circumstances. If a fine is being contested and this contestation is successful, a refund will be made to the employee upon receipt of a refund from the relevant Authority.

Again the outdated company policy has not kept pace with current parking rules and regulation and the Company has denied its employees the right to "contest" fines and any possibility of a refund.

This makes current policy a contradiction and invalidates the Company Policy, therefore as stated previously any deductions referenced to this policy are most definitely Unauthorised.

Customer: replied 1 year ago.

No Answer sent

Expert:  Alice H replied 1 year ago.
Thanks for the additional information and I apologise for the delay in responding.
The contract seems to make it clear the employer has authority to make deductions from your pay to cover payment of PCN's. If you agreed this contract e.g. by signing it, then you are bound by the agreement and by virtue of the contract the employer has authority to make deductions.
This is a private agreement between you and your employer and not subject to statute. However I will have a proper look at the parking regulations today to see if there is an alternative way of dealing with this problem.
When were the PCN's issued and what would be the grounds of appeal?

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