Excess mileage charges

Cassie2707

Hi,
I’m voluntary terminating my PCP contract, has anyone managed to get out of paying excess mileage? And if so how?

Many thanks

AdrianC

What are you contracted to, pro-rata, and how much over are you? What's the excess mileage rate?

If it's a few hundred miles at a low rate, the finance company may be more willing to overlook it than if you're thousands over at a high one.

If they bill you for it, then all you can do is refuse to pay and risk being taken to court for the sum. If you are, then the chances are high - but not 100% - that you will lose. If you lose, you will have to pay considerably more than you would have initially, after fees etc are added to the debt.

At the end of the day, the car is being handed back in a position other than to be expected for this state in the contract. The legislation doesn't make explicit mention of mileage, but does say that you are expected to pay for anything that's outside "taking reasonable care" of the goods.

(4)If the debtor has contravened an obligation to take reasonable care of the goods or land, the amount arrived at under subsection (1) shall be increased by the sum required to recompense the creditor for that contravention, and subsection (2) shall have effect accordingly.

https://www.legislation.gov.uk/ukpga/1974/39/section/100

Quite simply, there's never been a binding legal precedent set as to whether mileage in excess of the contract falls outside "reasonable care". But basic common sense says it does, surely?

The "sum required to recompense" is easy to calculate, since you signed a contract agreeing a specific rate per mile.