Hire car admin fee for traffic violation at motorway services

aleen

DoaM wrote: »

Where did the wording in post #4 come from? (It's different to that in post #6).


Post #4 possibly gives them a get-out; post #6 only refers to fines, penalties and "offences" so the admin fee is not applicable for a Parking Charge Notice (invoice).

They had a tablet where I signed the agreement directly on the tablet and it was PDF-ed to my email. Wording in #4 is in the PDF as a summary, but it has a hyperlink for Full T&Cs and that's where the wording in #6 is from. See image https://imgur.com/7Asio7F

nosferatu1001

If they are a sumamry, they MAY NOT be different to the main T&C; if they are, they create confuson and the version MOST FAVOURABLE to you is the one that must be used (Consumer Rights Act 2015)

So, the FULL version, which creates NO liability on you, is the one

ANd look, I really cannot write this more clearly
You tell them, using their own T&C, to refund you / not charge you (which ever is correct) the admin fee.
Of course you cannot start the chargeback immediately, otherwise when you tell them that youre giving them 7 days to sort it out, youd be lying, and we dont tell you to lie.

Half_way

I shall write to the hire company tonight, thank you

Before you write/email, post it here first you need to say the right things, get it wrong and it may make it impossible or very hard to make progress

The_Deep

Please read this

https://www.gov.uk/government/collections/cma-consumer-enforcement-guidance


Why not raise this with your local Trading Standards Officer?

aleen

Half_way wrote: »

Before you write/email, post it here first you need to say the right things, get it wrong and it may make it impossible or very hard to make progress

This is all I could come up with. Should I request a copy of the notice to them, as I have not been sent this? This is all that they have provided so far



Details of the offence and your rental agreement are listed below. Full details will be available once the fine is reissued to you.

Issuing Agency : CP Plus Limited
Citation Number : XXXXXXX
Citation Issue Date/Time : XXX @ XXX
Location Of Offense : XXX
Plate Number : XXXX
Citation Amount Due : £0.00
Admin Fee Due : £35.00



[FONT=&quot]Thank you for your e-mail below. [/FONT]

[FONT=&quot]You state that my signature on the rental contract gives Enterprise full authorization to process any applicable charges for associated administration fees and you will attempt to charge the card listed below.[/FONT]

[FONT=&quot]Your terms and conditions state under [/FONT]

[FONT=&quot]6. Rental Prices and Other Various Fees,[/FONT]
[FONT=&quot] d) Additional Obligations [/FONT]

[FONT=&quot]You Shall pay to us on demand:

[/FONT][FONT=&quot]• A reasonable administration fee for processing any fines or offences against the Vehicle, us, you, any Additional Driver or any other person you permitted to use the Vehicle during the Rental Period, unless caused through our own fault; [/FONT]

[FONT=&quot]No fine has been issued and no offence has been committed. The quoted ‘CP Plus Limited’ is a private parking company, they are not an agency or an authority and do not have the power to issue fines nor do they deal with offences. I therefore have not given authorization for the stated administration fee and as this is not in accordance with your terms and conditions, I expect you not to charge me.
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peter_the_piper

If the number on the key ring was wrong then the hire company should not have passed any admin cost on as its their own fault.

aleen

peter_the_piper wrote: »

If the number on the key ring was wrong then the hire company should not have passed any admin cost on as its their own fault.

Well they wouldn't have know that this is the possible reason I got this invoice. Number was hand written if it makes a difference.

Tbh we re not 100% sure that this is the reason, could always go down the route of saying to CP Plus that we were staying in the hotel, genuine customer, gave the car reg at reception, please waive invoice as hotel customers have complentary parking. Maybe the reception person did actually make a mistake, we checked in late and we were chatting a lot and distracting him. I remeber partner walking out to check reg but they say they didn't. This was 3 weeks back and we were knackered, hence sleeping in this place, so... But as of yet, I don't have a copy of this alleged invoice anyway.


What I am trying to say is that there a a number of options :

If I am sure we gave wrong reg, then I can go to local branch and blame them, ask to sort it ( which is what they colleague at drop off branch suggested).

If I am not sure, I can contact hotel and say we gave car reg on check in, why is this happening, sort it out.

Coupon-mad

Oh it's only CP Plus. They cancel when they see the NEWBIES thread appeal.

Even though you live in Scotland, send them (online, no mailing it!) the NEWBIES thread appeal and just change 'keeper' to 'hirer' and remove the bit about VRN machines. Add in that the Hotel appears to have made an error regarding the VRN, as they input it one digit out on the key they supplied to the occupants of the car.

Don't say 'driver' or 'I parked'; or ''I'' did anything.

Better to kill it off and that should do it.

Then you can go back to the Hire rental firm and show them it was cancelled and thus, the PCN was without merit and you would like them to refund the admin fee they retained, as this was a scam PCN, not a fine or fixed penalty.

aleen

Coupon-mad wrote: »

Oh it's only CP Plus. They cancel when they see the NEWBIES thread appeal.

Even though you live in Scotland, send them (online, no mailing it!) the NEWBIES thread appeal and just change 'keeper' to 'hirer' and remove the bit about VRN machines. Add in that the Hotel appears to have made an error regarding the VRN, as they input it one digit out on the key they supplied to the occupants of the car.

Don't say 'driver' or 'I parked'; or ''I'' did anything.

Better to kill it off and that should do it.

Then you can go back to the Hire rental firm and show them it was cancelled and thus, the PCN was without merit and you would like them to refund the admin fee they retained, as this was a scam PCN, not a fine or fixed penalty.

Thank you, I shall try this as soon as possible, when I do get any paper work from CP Plus. For now I only have an e-mail from Enterprises, in which in the header my name is wrong, my address is wrong. Should I assume that despite this, Enterprises have infact provided them with correct details, and do I just wait? Will CP Plus send me a letter in the post or ?

My card has not yet been charged with the £35

Coupon-mad

I only have an e-mail from Enterprises, in which in the header my name is wrong, my address is wrong. Should I assume that despite this, Enterprises have infact provided them with correct details,

No.

Ring Enterprise in the morning and ask what address they sent to the scammers - but be polite because I think Enterprise refund the admin fee when people get a PCN cancelled.

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