PCN and care hire

bod1467

Premier Park are BPA AOS members, so the BVRLA MoU mentioned above is a valid angle of attack.

http://www.britishparking.co.uk/aos-members

DaveCC

Hi all,

Here's what Hertz has to say regarding my query:

I have investigated your case, and have found that the parking fine was charged to you correctly. One of the conditions of rental is that if Hertz is required to pay and/or process road tolls, fines, charges or associated costs, we may charge you with the amount we are required to pay plus an administration charge for doing so.
Any disputes on the fine itself must be taken up directly with the local authority, contact details for which are included on the enclosed document.

So they call it a parking "fine". They have also attached the Parking Charge Notice from Premier Park. I don't know if it is of any importance but they must have scanned the PCN onto their system and the picture of the car leaving the car park doesn't show the number plate (it's just a black box, but I assume the original PCN from Premier Park shows the number plate).

Should I go back to them asking for a refund, highlighting the fact that their T&Cs doesn't cover contractual parking charges issued by private parking companies, and that as a BVRLA member they should have passed on my details to Premier Park instead of paying for it? And if they don't want to hear a thing then I can claim the money back with my bank directly. Does it seem like a sensitive approach? Or would you just claim the money back with the bank straight away?

Thanks for your help,
Dave

bod1467

Raise the dispute with your card provider ... what Hertz have said is utter bullocks.

ManxRed

So, they've confused a speculative invoice for a 'fine'.

That's THEIR mistake, and you should not be paying for the incompetence of Hertz's own staff.

Dispute with the card provider.

Half_way

dear hertz, thank you for the attached scan of a speculative invoice from premier park.

As im sure you are no doubt aware that this is not a fine, and that premier park are no authority.
Therefore i am now asking you to offer a full refund of all monies that you have charged me as a result off your error and failure to understand your own terms.
if you do not offer a full refund then I may have to seek alternative methods to recoup the money that you have taken from my account as an unauthorised deduction.
I expect a full refund, and an apology to be isued within the next 5 working days

X-man

I would reply to their e-mail and point out that the Parking Charge Notice is not covered under any of the items contained in Clause 14.1 of their T&Cs. As it doesn't fulfill the requirements of 14.1, none of the other clauses can apply either (such as 14.2).

They obviously don't fully understand the legality of Parking Charge Notices from PPCs.

bod1467

X-man wrote: »

They obviously don't fully understand the legality of Parking Charge Notices from PPCs.

Quite. They obviously also don't fully understand their own T&Cs either.

ManxRed

Nor the stated guidelines on dealing with these from their own trade organisation.

Well done to them.

The_Slithy_Tove

Somewhat stunning that a company the size of Hertz is so incompetent that it doesn't know the difference. After all, it's not like this is the first time it's happened, and it should be in their field of subject-area knowledge.

Or I could speculate that this a deliberate muddying of the waters by a company who knows full well, but quite likes the revenue it gets from its "administration" fees, and so doesn't bother training the people who actually have to deal with these things. Or put another way, the car rental companies in general operate on the same ethical level as the PPCs, and will happily lie, cheat and bluster in order to protect their cosy position.

DaveCC

Thank you all for your input, much appreciated!

Here's what I am planning to send to Hertz:

Dear Hertz,
Thank you for the attached document from Premier Park.
However, I believe this is just a speculative invoice (from a company that is not an authority), and not a parking fine as stated on your email dated 25th June. I am asking for a full refund of the 102GBP charged on my debit card without my consent.
The attached document is a Parking Charge Notice, and is not covered under clause 14 of your terms and conditions as this clause does not apply to contractual parking charges issued by private parking companies. The BVRLA, your own trade organisation, recommends that you pass on the hirer details to the parking company. By not doing so, you have removed my right to appeal this Parking Charge Notice.
If I am not offered a full refund within the next 5 working days, I will use alternative methods to recoup the money taken from my account as an unauthorised transaction.
Yours faithfully

I will probably send it tomorrow unless I you guys make me change it!
Thanks again,
Dave