Rental company has paid Parking Charge Notice

gpemk

I incurred a parking charge (from Parking Eye) while visiting a hospital and parking in an area reserved for visitors to a particular ward, but which was in the staff car park.
I was driving a rental car. Parking Eye's ANPR recorded my car entering and leaving the staff car park and I have received and returned the Notice to Driver from PE, explaining that I was parking with authority and waited to hear their response. PE had contacted the rental company for my details.
I have now received an invoice from the rental company for a Traffic Violation (their description not mine), telling me that they had taken payment from my credit card for an Administration fee and the Parking Charge Notice.

I wrote to them saying that the invoice they received from PE was not a Traffic Violation but a speculative invoice and that according to the terms and conditions on their website:

Fine & Charges
You are liable for the payment of all charges, fees & costs arising from any congestion charge, bus lane penalties, speeding fines, road traffic offence, or parking offence involving the vehicle, including costs from the vehicle being clamped, seized or towed away & any charges/costs (or failure to pay) of the appropriate organisation if & when they ask for these payments and our £36 administration fee.

They replied by saying that it was for me to challenge PE over the issue of the picture - and then they would refund the Admin Charge - but made no reference to the Parking Charge notice they had kindly paid on my behalf.

My response pointed out that their T+Cs on their website made no reference to Parking Charges and asked for my credit card to be refunded with both the Admin Charge and the Parking Charge, as the former fell outside their T+Cs and they had no obligation to pay the latter.

They have now replied, quoting a different set of T+Cs, which say that I:
agree to be responsible and will pay us for:
All costs arising from any congestion or parking charges (or failure to pay them) or a breach of any parking restrictions or a road traffic offence or any other offence involving the Vehicle including costs from the Vehicle being clamped, seized or towed away and any charges/costs (or failure to pay them) of the relevant organisation (if and when it asks for these payments) plus the Administration Fee (for each charge we pay).

They have said that they will not enter into any more correspondence.

In essence, they have two terms and conditions: One came with the rental confirmation email attached as a PDF attachment. The other is on their website and is directed to by them saying on the rental confirmation email: Please refer to our Terms and Conditions through our website: , and gave their website address, from where it wass easy to find the T+Cs for the UK, which make no reference to Parking Charge Notices

Which T+Cs can I rely upon, and is a responsibility for me to pay for All costs arising from any congestion or parking charges (or failure to pay them) or a breach of any parking restrictions fundamentally unfair as there may be good reasons why those charges were not been paid an is an entirely open-ended commitment.

Any help gratefully received ...

Redx

ask them why they have not followed the BVRLA guidelines from 12 months ago

ie:- naming the keeper and absolving themselves from these issues

by paying the charge they removed your right to appeal, plus this isnt an offence, its an invoice , so you have the right to chargeback and can take them to court as they didnt even follow the rules laid down by their trade body , they acted as judge and jury and effectively "fined" you by treating you as guilty

The_Slithy_Tove

Sending Ts&Cs with a rental confirmation is of no use, as they cannot impose additional conditions after you have made the contract with them. If you booked online, then the Ts&Cs you are bound by are those indicated at the time of booking, presumably those on the website. (Hint for future - always download them at the time of booking, in case they sneakily attempt to change them afterwards.)

While the rental company (come on, name and shame them), may not want to enter into further correspondence. Well, tough on them. Start with chargeback on the credit card, and maybe consider a Letter Before Claim against the rental company.

Marktheshark

The rental company were given a chance and option to name the driver, this mitigated any loss to them.
You have a good case to sue them as they have created the loss by failing to act in mitigation.

Fruitcake

I have helped two of my colleagues beat these. Start by contacting your credit card provider and put the charges in dispute with immediate effect. Ask for the address of their fraud department when you call them.
Look up the relevant part of the BVRLA information and send that to your card provider to prove the hire company acted outside their remit and therefore the charges are bogus.


Write to the hire car company HQ and as mentioned point out that they have ignored their trade body instructions (BVRLA) and therefore denied you the ability to appeal which you would have won on GPEOL. As also mentioned, private parking tickets are not covered by their Ts and Cs so this is effectively theft. Tell them you have informed your credit card provider of this theft. That will at least provoke them into contacting you again.

gpemk

Many thanks for some really excellent ideas here.
Could anyone point me in the direction of the BVRLA guide to best practice / code of conduct etc as to how they should handle Parking Charges Notices.
I have see one piece of paper which suggests that providing the renter's contact details is only one of four possible actions that they could take, rather than it being the action of preference.
Many thanks,
M

bod1467

BPA / BVRLA MoU

gpemk

Many thanks - pretty clear to me.
M