Company Car/Benefit In Kind

[MrWorkMan]

I have been given a company car by my work to carry out work duties and have been paying the benefit in kind on the car since I started. However I don't actually use the car for personal use(our contract does say we can use it if we like) but I have my own car so I have no need to use the car for personal use.
We also work from home so the car is parked up and left and not used. It is kind of like a work van for me. If I had a work van I wouldn't be paying the tax or fuel and I was wondering could I claim the benefit in kind back as I have my log sheets to prove I don't use the car.
The fuel i put in gets deducted from my wage and then i have to claim back the HMRC set fuel rates per mile i drive(10p a mile at the moment). Not using the car I know I have lost out on a lot of money.
What are my options considering I have asked them to give me a van but they haven't and also they keep telling me there is nothing they can physically do as HMRC set the rules but HMRC have said that I shouldn't be paying the tax but they need an amended P11D form which my company won't sent to HMRC for a refund.
This has been on going for a while now and I feel like I'm going in circles with my work and I just haven't got anywhere with them.

Any advice or anything I can send to them to prove that I don't need to pay the tax if that is the case? If i shouldn't be paying the tax can I also claim the missing money from the fuel too?

Any help would be appreciated

Thanks

[ULA]

If a company car is provided to you and the car is made available to you for private use, as stated in your contract, then the company has to declare it as a taxable benefit on your P11D. The only options that I can see that will help in your case, since leaving the car on the company premises each evening is not an option, is to try and get your employer to write to you confirming that in your particular case private use of the car is not permitted and should the company find that this has occurred, for whatever reason, then you would be subject to disciplinary action.

The problem will be getting your company to agree to treat you differently from all other company car drivers and the fact that they will have to monitor that you are not using it for private use.

[MrWorkMan]

Thanks for the reply. The guys who do have Vans though in my company leave their Vans at home and all they report is start and end mileage with no log sheet? Is this not technically the same as what I do now? Or is because it states that i can use it for personal use in my contract which is what gets them out of doing anything for me?

[ULA]

I am not sure what the contract states for your colleagues who drive vans.

In your specific case though from what you have posted, that is what I see as being the problem, hence my suggestion to get

your employer to write to you confirming that in your particular case private use of the car is not permitted and should the company find that this has occurred, for whatever reason, then you would be subject to disciplinary action.