We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including number plates, reference numbers and QR codes (which may reveal vehicle information when scanned).
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide

PCN and care hire

135

Comments

  • Umkomaas
    Umkomaas Posts: 44,299 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    However, I believe this is just a speculative invoice

    It is just a speculative invoice! No need for 'I believe'.

    I'd re-write that as:
    'However, this is but a speculative invoice .........'

    You also need to tidy up the formatting by using the Return key to add a line space between each paragraph. Will make it look a lot tidier and more professional.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • Half_way
    Half_way Posts: 7,677 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Dear Hertz,
    Thank you for the attached document from Premier Park.
    However,[STRIKE] I believe[/strike this is just a speculative invoice (from a private 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[strike] Parking Charge Notice[/strike]Speculative invoice regarding a private parking matter , and is not covered under clause 14 of your terms and conditions as this clause does not apply to [strike] contractual [/strike] private parking charges [strike] issued by private parking companies[/strike]that are not issued by any statutory authority. The BVRLA, your own trade organisation, recommends that you pass on the hirer details to the parking company. By not doing so, you are going against your own trade associations advice [strike] have removed my right to appeal this Parking Charge Notice.[/strike] and have hindered my ability to challenge this specualitve invoice
    If I am not offered a full refund within the next 5 working days, I will use alternative methods to recoup the money [strike]taken [/strike] Deducted from my account [strike]as an [/strike] Which is clearly an unauthorised transaction.
    I Expect a reply from you, apologising for your mistake together with re-assurances that this will never happen again.
    I also hope this is an isolated case, and you have not charged other customers as a result of your errors.
    Yours faithfully
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • bod1467
    bod1467 Posts: 15,214 Forumite
    I suggest you edit that, H_w, to correct the erroneous highlighting/strikes. :)
  • DaveCC
    DaveCC Posts: 10 Forumite
    Thanks a lot for your feedback.
    I have changed a few things according to your different suggestions and I have now emailed Hertz. I guess I just have to wait now!
    Will keep you updated.
    Thanks,
    Dave
  • DaveCC
    DaveCC Posts: 10 Forumite
    Hi everyone,

    So Hertz emailed me back with that:

    Thank you for contacting us. I appreciate the opportunity to review your
    concerns.
    I regret our first correspondence did not meet your expectations. We
    appreciate the opportunity to review this matter again.
    I have fully considered the details of this case, and can confirm again
    that you have been charged correctly. If you dispute the charge kindly
    contact the local authorities directly and advise you were charged in
    error. They will liase with you directly.
    I would like to take this opportunity to thank you again for contacting us.
    Yours sincerely,

    As expected, they don't want to hear a thing! I have contacted the bank to dispute the transaction, but it was quite hard to get them to do it. They basically told me it sounds like a authorised transaction to them as I consented giving my card detail to Hertz, and that the money will be taken back from my account as soon as Hertz send them the signed rental agreement as proof of an authorised transaction... They didn't understand my argument at all... Anyway, I will keep you all updated once I hear the results of the investigation from the bank.

    Cheers,
    Dave
  • fisherjim
    fisherjim Posts: 7,111 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited 1 July 2015 at 7:36AM
    In my experience car hire companies are totally useless with anything like this and are rarely on your side, the reason is simple.
    It is far easier and cheaper for them to just pay up, and pass it on to the consumer with a nice fat admin fee on top, rather than having to contact you and the authority/PPC in a timely manner to get things sorted out.
    I used to have a fleet of 18 cars through a very large fleet/ hire provider, and it was quite usual to get fines passed on to us three to six months down the line plus a £25 admin fee, just because their admin was abysmal.
    In your case they have paid this, charged a ridiculous fee for their time and still speak about you contacting the "authorities" concerned, they still don't get it, or care!
    It's all absolutely dire, and don't forget, they can do it properly when needed, as in the case of speeding fines they have to pass it onto the driver!

    You could try contacting the legal advisers at the BVRLA on 01494 434747 and ask to speak to someone in legal and policy or email [EMAIL="legal@bvrla.co.uk"]legal@bvrla.co.uk[/EMAIL].
  • bod1467
    bod1467 Posts: 15,214 Forumite
    edited 1 July 2015 at 7:43AM
    IF Hertz contest the reclaim of the amount and it is repaid back to them, then you send them an LBA and follow it up with court action (if necessary) to recover the amount (plus court costs).

    As everyone has said above, this is NOT covered in their T&Cs.

    And/or ...

    Dear Hertz,
    Thank you for your letter dated <Date> in which you have completely ignored the salient facts of the case.

    I note that you say I should "contact the local authorities directly" ... WHAT local authorities? This is not, was not, and never will be a FINE or PENALTY. It was an INVOICE from a PRIVATE COMPANY, and as such is not covered in any respect by your T&Cs. If you challenge the charge back and reclaim the funds I shall be left with no option but to issue a Letter Before Action to recover the monies you have fraudulently taken, and follow up with small claims action in the County Court if necessary.
  • StaffsSW
    StaffsSW Posts: 5,788 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Ring the BVRLA and ask to speak to a Sally Catchpole - 01494 545715 - she looks after member complaints and provides a conciliation service for vehicle hire disputes. Hertz are members of the BVRLA, so they will listen to your complaint and mediate for you.
    <--- Nothing to see here - move along --->
  • Fruitcake
    Fruitcake Posts: 59,529 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    How did you get on when you complained to the BVRLA as advised early on in the proceedings?


    If you haven't complained yet you must do so as your number one priority. Extract digit and do it.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • The_Slithy_Tove
    The_Slithy_Tove Posts: 4,111 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    It also needs escalating up the food chain at Hertz. You are probably dealing with some low-level customer (non-)services droid. Contact, say, the company secretary of Hertz UK, telling them that a company as large as Hertz really ought to understand the differences between a real fine and an invoice. And then reiterate your threats of legal action if they don't back down. It'll be the company secretary who receives any LBA. This is a heads up for them.
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 353.9K Banking & Borrowing
  • 254.3K Reduce Debt & Boost Income
  • 455.2K Spending & Discounts
  • 247K Work, Benefits & Business
  • 603.6K Mortgages, Homes & Bills
  • 178.3K Life & Family
  • 261.1K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.