Parking fine on hire car

dominicthm

I need some help/advice.

During the February half term we hired a car from Sixt in Edinburgh, during the time we had the car we visited Perth and parked in Kinnoull Multi Storey car park which is run by Smart Parking.

They have a very strange system where you have to declare and pay for the amount of time you have been parked, this obviously relies on you knowing the exact time that you arrived, they do not issue a receipt when you come in. We paid for the amount of time we thought we had been parked, you have to enter your reg number into the machine when you pay and it gave no indication that we had not paid enough.

Today I have been contacted by Sixt who have received a parking ticket from Smart Parking as we have underpaid the parking fee by 12 minutes.
The big problem I have is that Sixt have a policy of paying these tickets when they get them, they have paid the reduced fine of £60 and charged me £36 admin charge and have taken this from the credit card I used when I hired the car - this is in the hire t+c.
I have contacted Sixt to say that I do not agree with the fine, they have told me to take it up with Smart Parking and if I am successful they will refund the fine only (not the admin fee).

Can I appeal since I have not paid a fine, Sixt have paid directly.

Any advice, would be gratefully received.

Thanks

Coupon-mad

Never hire a car from Sixt, then.

They had no liability here, and should have named you as the hirer, to extract themselves from the paperwork easily.

You can complain to the BVRLA (Google them) because in Scotland, a private PCN is only ever the business and liability of the DRIVER. It wasn't theirs to make the stupid decision to pay.

pogofish

This is not any kind of fine! - As well as the good advice above, you need to read the Scotland-specific advice in the Newbies Sticky.

The_Deep

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences.

Parking Eye, Smart and a smaller company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (who take hundreds of these cases to court, and nearly always lose), who have also been reported to the regulatory authority.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

The_Slithy_Tove

dominicthm wrote: »

charged me £36 admin charge and have taken this from the credit card I used when I hired the car - this is in the hire t+c

Is it? What are the EXACT words in the Ts&Cs regarding this. Please quote them, or better still, scan and post them here. If they really do pay such charges, then it goes completely contrary to the BVLRA guidance.

Once we know the details, you need to be prepared to challenge your card company for a chargeback on this.

Weasel_Watcher

They have their T&Cs here
https://www.sixt.co.uk/t-c/

Quick scan shows;
4.5 Fines, Penalties & Tolls
You are responsible for all fines, penalties and tolls levied against the Vehicle* during the Rental Period*. Where Sixt pays any fines, penalties or tolls on your behalf, Sixt may recharge you the cost of the same together with an administrative fee to cover the additional processing cost.
(the asterix denotes that these capitalised terms have been defined in the Definitions And General Principles section)

Looks like Sixt have classically misunderstood this speculative invoice to be a "fine", which is exactly what these sharks rely on.