parking penalty notice error,will be refunded but not charges incurred, who shld pay?

freeisgood

This is an interesting one...

Who should pay my fine?

I recently hired a car and parked in my usual street at work, phoned the council and they placed the car under dispensation (as I normally have a business parking permit on my regular car).

They normally say "you will get a ticket today as it wont be on the parking wardens machine till tomorow" I in the past have got a ticket but have sent it back to the council, and they write to me saying that the ticket is indeed invalid.

This time I waited a while before sending by parking notice back to them, but they took so long to process it or whatever they do, that they sent a request for payment to the car hire company, who then paid the non existant fine and then took it of my debit card (the toads have got my details and it was in the small print they could help themselves)along with a £32 processing fee.

I phoned the council who said "we should have never given you a ticket and yes it was invalid so we will pay the cardholder(ie the car hire company) the £100 pounds back though it will take 2 weeks at least, But the £32 is nothing to do with us.

The car hire company said "we just paid the fine, its in the contract, when we get the £100 pounds back we will pay you back , but we are keeping the £32 pounds it is rightfully ours.

So, it wasnt my fault I have been charged, who should pay me???

My argument is that Barnet should have known the day after the ticket was issued, that it was invalid as the disspensation order was on their computer, i should not need to point it out to them, right? They should have not taken money for a ticket that was not valid, right?

The car hire company should contact the driver before paying out fines that might have already been dealt with or are non existant right?

what to you think?

I am fuming and dont know who to chase, I am owed £132 pounds that is out of my account for no reason.

Neil_B

Yeah got the unfairness angle - but not sure how you proceed.

Hire Co probably justified - depending what is in the agreement you signed - check it.
Barnet - well common sense says they owe you for what would probably be termed 'consequential loss' - but I'm not a lawyer.

Possibly make a small claim agaginst Barnet - and they may pay up just at the threat of that - but really you need an eagle or someone more legally knowledable about such claims.
Post it on PePiPoo and see if one of the eagles picks it up.
-

Pew_Pew_Pew_Lasers!

My view is that the hire company have charged you for somebody else's mistake. It doesn't matter that it's in the contract you signed, if it isn't fair then take them to court. Let them charge the council the £32 if they really want it - you shouldn't have to pay anything, when you haven't done anything wrong.

tinkerbell84

freeisgood wrote: »

This is an interesting one...

Who should pay my fine?

I recently hired a car and parked in my usual street at work, phoned the council and they placed the car under dispensation (as I normally have a business parking permit on my regular car).

They normally say "you will get a ticket today as it wont be on the parking wardens machine till tomorow" I in the past have got a ticket but have sent it back to the council, and they write to me saying that the ticket is indeed invalid.

so you knew the system and how it works

freeisgood wrote: »

This time I waited a while before sending by parking notice back to them,

why??

freeisgood wrote: »

but they took so long to process it or whatever they do, that they sent a request for payment to the car hire company,

might not have happened had you not delayed sending the ticket

freeisgood wrote: »

who then paid the non existant fine and then took it of my debit card (the toads have got my details and it was in the small print they could help themselves)along with a £32 processing fee.

you caused them work

freeisgood wrote: »

I phoned the council who said "we should have never given you a ticket and yes it was invalid so we will pay the cardholder(ie the car hire company) the £100 pounds back though it will take 2 weeks at least, But the £32 is nothing to do with us.

The car hire company said "we just paid the fine, its in the contract, when we get the £100 pounds back we will pay you back , but we are keeping the £32 pounds it is rightfully ours.

So, it wasnt my fault I have been charged, who should pay me???

I would argue that it's the cost of you delaying sending the ticket back

freeisgood wrote: »

My argument is that Barnet should have known the day after the ticket was issued, that it was invalid as the disspensation order was on their computer, i should not need to point it out to them, right? They should have not taken money for a ticket that was not valid, right?

no, you knew what the system was, because you'd done it before. you can't start shouting about what their system should be just because it doesn't suit you now!! :rotfl:

freeisgood wrote: »

The car hire company should contact the driver before paying out fines that might have already been dealt with or are non existant right?

what to you think?

I think you have a point here, but not really over the rest

freeisgood wrote: »

I am fuming and dont know who to chase, I am owed £132 pounds that is out of my account for no reason.

:rolleyes:



PS - the italics are unnecessary and annoying

freeisgood

Thanks for your reply guys. Good advice.

Tinkerbell, I normally send a ticket back the very same day I get it.(the delay was due to illness)
Holding on to it for a week and then sending it on (when you have three weeks normally to send a payment) did not seem unreasonable and should not have caused the chain on events that happened so soon. ( I certainly did not know what their daft system was.)
(About the £32 pounds charged to me by the hire company, I didnt cause them work, barnet council did!)
Barnet were so slow at doing what they do and sent a summons at the same time as cancelling (or after cancelling) my ticket. That does not seem logical to me.





(PS The reason for italics was because I copied and pasted my post that I had added to another persons thread on the same topic but was adviced to move it. I am sorry italics annoy you so much.)

freeisgood

Update.

When barnet council refunded the hire company the 100 pounds, the hire company refunded me the whole £132 no questions asked.

I am very relieved, and glad there are reasonable people(unlike a few I could mention) working for these companies.