Are Car Hire Firms Legally Obliged to Pay Charge Notices?

BikingBud

I am in dispute with a car hire firm about an erroneous charge notice. We were staying in the hotel at a motorway service station and therefore parked legitimately.

I immediately spoke with the hotel and they advised that the correction would be submitted, however to date I have not had my funds returned.

I have spoken to and and emailed the car hire company they inform me they are legally obliged to pay the charge notice, they subsequently add a management fee:undecided

They have sent me a letter that I may use to dispute the charge but this refers to Penalty Charges and councils, clearly not the same situation so not really applicable.

My main point of concern is the speed at which funds were withdrawn, without confirming the situation. Grounds for any immediate appeal are denied.

Moreover the front of the Rental Agreement does say "any Penalty or Parking Charge notice" however from the rental terms and conditions:
5. Charges
d. Additional Obligations - You shall pay to us on demand:

All fines and court costs for parking, bus lane, congestion charge, traffic or other offences assessed against the Vehicle, us, you, any Additional Drive or any other driver you permitted to use the Vehicle until the Vehicle is returned unless caused by our own fault

So on the basis that a Parking Charge is not a fine nor a court cost and they have not demanded but just taken should they have just passed the charge notice on rather than wrapping it as a violation.

Advice and comments very gratefully accepted.

Coupon-mad

I have spoken to and and emailed the car hire company they inform me they are legally obliged to pay the charge notice, they subsequently add a management fee

No they are not. They are lying or it's a young and naive clerk spouting what they think. But NEVER do this sort of thing over the telephone. You need proof of what's being said, by email or letter.

They have sent me a letter that I may use to dispute the charge but this refers to Penalty Charges and councils, clearly not the same situation so not really applicable.

You are right - which is why they should not have paid this one because it sounds like it is NOT in their T&Cs (because this isn't a fine, penalty or a PCN issued by any 'authority').

My main point of concern is the speed at which funds were withdrawn, without confirming the situation. Grounds for any immediate appeal are denied.

No they are not. If this is ParkingEye and you prove patronage of the Hotel, get the Hotel to support your case, they (unusually for parking firms) can and do refund monies paid.

So on the basis that a Parking Charge is not a fine nor a court cost and they have not demanded but just taken should they have just passed the charge notice on rather than wrapping it as a violation.

Yes without a doubt. So fill in the dispute form anyway but add that too.

And get the Hotel to email confirmation and include that in an online appeal despite the fact it's been paid, if this is PE they will consider an appeal anyway and they do refund. DO NOT appeal by letter, do it online.

Redx

they should follow the BVRLA code of practice

BikingBud

Thanks Coupon-mad, my concern at this stage is not with the parking charge company, CP Plus, but with the car hire company. I feel my legitimate grounds for parking are indisputable and would very happily have played them and am still chasing this avenue.

But what can i do to get my cash back from the hire company, oh and a suitable admin charge for efforts expended.

What leverage can I apply?

Are there any firm grounds of objection based upon shady practices by the car hire company?

What enforcement, if any, is it possible to bring to bear?

Redx- Thanks, quick review the Code of Conduct comments upon end of rental charges;

"Some charges may arise after the rental agreement has been closed - parking or speeding fines and their related administrative fees for example. In such case the customer must be provided with supporting evidence and made aware of the amount before their nominated method of payment is charged"

Again no mention of parking charge notices or non-specific and arbitrary bills. Additionally the notice from CPPlus which was addressed to the keeper, the hire company, requires the keeper to pass on the notice to the driver. This did not occur they paid the bill.
So i was sent a letter, from the hire company, posted 2 days before they removed funds from my credit card and 1 day before the 14 day period ended. I had no scope to object to the charge and was not able to inform the hire company that they should comply with CPPlus requirement to send on to the driver and I would deal in due course.

So 2 actions:

1. Email to CPPlus to cancel the bill.
2. Email to hire company to highlight their non-compliance with; thier own T&Cs and the trade Code of Conduct

Coupon-mad

my concern at this stage is not with the parking charge company, CP Plus, but with the car hire company.

I would say both. But CP Plus won't refund.

What leverage can I apply?

Are there any firm grounds of objection

Loads.

CP Plus don't even use the POFA, so the Notice was not ever one where the hire firm could have been held liable. It was a driver liability notice ONLY. None of their business except to pass to you, not their responsibility, no liability for them.

And as Redx says:

they should follow the BVRLA code of practice

You can complain to the BVRLA.

But, still fill in the dispute form (and attach it to a strong complaint letter pointing out the above). You have to be seen to have the moral high ground and do what would be expected, so the BVRLA don't (in the end) say ''well you ignored the form the Hire firm sent you which could have resolved the matter under dispute'' (or some such rot).

Go through the Hire firm's complaint procedure and exhaust that first, telling them you will be escalating this to the BVRLA.

Of course, check they are BVRLA members first...

BikingBud

Sorry but the letter is not to complain to the hire car company but the hire car company giving me authority to protest to CPPlus:

PCN: xxxxxxxxxxxx
CAR REG: xxxxxxx

I write on behalf of Hire Car Company concerning the Council Penalty Charges. As requested, I am writing to advise that you have Hire car Company's authorisation to contest any fines to as a third party as you were the hirer of the vehicle at the time of the offences.

Please can you send this letter with your correspondence to the issuing Council as proof that you have Hire Car Company authorisation to contest the fine. If you have any problems with this please do not hesitate to contact the traffic violations department on Tel Number.

Please send your appeal to:

CP Plus


What a wonderfully crafted and skilled piece of writing. :rotfl:

Redx

as I said , the hire company should have followed the BVRLA instructions on what to do when receiveing a pcn from a private company , which is name the hirer/keeper and pass on copies of the paperwork etc too

edna basher has mentioned these facts as well as others like coupon mad , this edict goes back 2 or 3 years or more so the hire co should be fully aware of what is required of them when a private pcn is received

I suggest you go research these instructions from the BVRLA to their members as its clear that this hire company failed to implement those instructions and so you were denied your opportunity of appealing

this topic has been debated many , many times on this forum already , so plenty of reading matter

put the charge nto dispute with your bank and get a chargeback

if the hire company are stupid enough to pay the charge , it is their decision and so their responsibility and not yours

Coupon-mad

They are wasting your time because CP Plus won't cancel after being paid.

The Hire car firm have stitched you up and had NO liability, as I said, CP Plus do not use the POFA.

BikingBud

Thanks folks.

Please could you confirm my understanding so far;

POFA 2012 Para 4 - CPPlus have the "Right to claim unpaid parking charges from keeper of vehicle" - Initially the hire company.

The hire company should refer back to CPPlus POFA para 13, within 28 days, they should not pay the charge. This point also appears in the flowchart - BVRLA Guide to Road Traffic Offences, page 12.

CPPlus should then write to me as the hirer, Para 14, within 21 days and include hire docs etc. However if CPPlus do not follow POFA do they have any grounds for charging or is their claim negated?

So as it currently stands I should email a strong complaint to the hire company pointing out their non-observance of their own guides, copy this to BVRLA. Is it reasonable and likely to be paid if I bill them for my time and effort to correct their errors?

I will also email the hotel again and complain requesting again that they tell CPPlus to cancel.

Umkomaas

POFA 2012 Para 4 - CPPlus have the "Right to claim unpaid parking charges from keeper of vehicle" - Initially the hire company.

Yes, if CPP's Notice to Keeper complies with the requirements set out in PoFA 2012 Schedule 4. Theirs does not!

The hire company should refer back to CPPlus POFA para 13, within 28 days, they should not pay the charge. This point also appears in the flowchart - BVRLA Guide to Road Traffic Offences, page 12.

Yes.

CPPlus should then write to me as the hirer, Para 14, within 21 days and include hire docs etc. However if CPPlus do not follow POFA do they have any grounds for charging or is their claim negated?

Yes. CPP can pursue the driver for charges. Being the hirer is not necessarily being the driver.

So as it currently stands I should email a strong complaint to the hire company pointing out their non-observance of their own guides, copy this to BVRLA.

Yes, if they are BVRLA members.

Is it reasonable and likely to be paid if I bill them for my time and effort to correct their errors?

You could try. £19ph is the court approved litigant-in-person rate. Unlikely they will pay you (from reading previous similar cases).

Ultimately you may need to instigate legal proceedings against the hire company via the small claims court (MCOL). Commence by issuing a formal Letter Before County Court Claim. If no response to that, issue court papers via MCOL, which they will have to defend or suffer a default judgment in your favour. Cost of issuing - £25 filing fee and £25 hearing fee, both refundable to you if you win at court (via hearing or default judgment).

But a suitably crafted and firm LBCCC might just do the trick. Please keep us posted on progress, as this helps us better advise the next person to suffer this.

Timothea

Redx wrote: »

put the charge nto dispute with your bank and get a chargeback

This is your best route to get this resolved quickly. Raise a dispute with your credit card provider and clearly explain why the charge is invalid, along these lines:

1. You stayed overnight in a hotel and parked there with permission.
2. A private parking company erroneously sent a parking charge notice to the car hire company asking for details of the hirer.
3. Instead of providing details of the hirer to the private parking company, the car hire company paid the parking charge, denying you the opportunity to appeal the charge.
4. The car hire company then charged you for the parking charge plus an administration fee, in breach of both your car hire contract and the car hire industry's code of practice.

Your dispute is with the car hire company only. The private parking company doesn't even know who you are (unless you foolishly tell them).