Hi
I posted sometime ago regarding an invoice one of the drivers from our company had received from Euro Car Parks and how as Facilities Manager I was fighting it (by ignoring them) on her behalf. The lease company had passed it on to us without paying it on our behalf as Euro CP are a company who "allow" them to do so. That issue as far as I am concerned is closed as it's now two months since the last threating and blustering letter I received from them.
Since then I have decided to take on the lease company and their attitude to these invoices as they would refuse to pass some invoices on to me from certain companies (as those companies would not allow them to) and would simply pay them and then re-charge us. Now, this is all theoretical as no such case has yet arisen but I want to prepare the ground if it should. It is also an interesting period as the contract with the lease company expires in September so I am currently tendering the market as a whole. This is one issue as part of the process. We are talking 130 cars so although not a huge fleet, the lease company is still wanting to keep us.
They have now come up with what they term an indemnity to cover these circumstances. I have no speific legal training myself but every bone in my body tells me to keep well clear of this as I'm sure it dosent help at all. It has been drawn up by their legal advisers who have ignored any attempts by myself to discuss the validity of these items. What do you think? Thanks for your time in looking at this:
Private Parking Fines Indemnity
The *Customer* will indemnify *the lease company* for all and any costs (including any associated legal costs *the lease company* may incur in responding to or defending any claim) incurred that have arisen as a result of non-payment of notices, penalties or fines received from a private parking organisation in relation to vehicles operated by The *customer* and its employees. The *customer* understands that *the lease company* reserves the right to immediately settle any notice, penalty or fine received from a private parking organisation in relation to vehicles operated by The *customer* or its employees, where it considers, in its own judgement, that there is any legal, reputational, regulatory or contractual risk to *the lease company*.
In the event there is a risk that a judgement debt will be attached to *the lease company*, it must be able to protect its corporate position and reputation. Any such risk will be treated as an absolute priority and as a consequence *the lease company* is unable to allow any fetter or restraint which would prevent preserving its reputation.
The *customer* can be assured that before any steps are taken in relation to payments of any such notices, penalties or fines from a private parking organisation *the lease company* would keep The *Customer* fully up-to-date and discuss this in advance.