Extortionate Charges by Car Hire for Dealing with PCN

guestjim

I wonder if anyone knows about the legality of Car Hire Companies charging for passing on the hirer's details when they receive a notice that a car parking or other offence occurs.

I have been charged £55 for this when it only involves an automated system and a postal cost. It seems very unreasonable when you are about to pick up the car from the company.

Any advice gratefully received.

By the way no infringement occurred - it is based on number plate recognition and is two separate events.

BoGoF

I imagine the terms and conditions that you signed and agreed to mentioned this fee?

Or you didn't read them?

guestjim

They were not clear and you get the written contract and an email after you have collected the car.

I am concerned that the charge should reflect the costs and not allow them to be making a profit.

Even if I had been aware I would have had no option but to have the car.

BoGoF

guestjim wrote: »

They were not clear and you get the written contract and an email after you have collected the car.

I am concerned that the charge should reflect the costs and not allow them to be making a profit.

Even if I had been aware I would have had no option but to have the car.

So you still had time to read them before taking the car out?

You have no idea how much it costs them to process the notice....regardless you probably agreed to it.

Your choice

Who is the hire company so we can look at their t and c's

guestjim

It was Easirent - the Heathrow branch

guestjim

and I had already paid before being given the contract - through an agency and deposits for the car etc.

Aylesbury_Duck

What terms and conditions did you agree to when you booked the car through the agency?

You can see where this is going, can't you. Ultimately, it's their business how they operate, what charges they levy, what their costs of operation are and what margin they want to achieve, as long as they operate lawfully. It's your choice whether to give them your custom under those conditions. I'm fairly confident they aren't the only car hire operator at Heathrow.

Hasbeen

guestjim wrote: »

They were not clear and you get the written contract and an email after you have collected the car.

I am concerned that the charge should reflect the costs and not allow them to be making a profit.

Even if I had been aware I would have had no option but to have the car.

Very clear from their T&C?

receives a fine during the rental period, you will be responsible for full payment of the fine as well as a £55 traffic fine management fee per fine. This includes, but is not restricted to, parking offences, speeding fines, congestion charges, bus lane offences, traffic signal offences, toll road offences, etc…

DoaM

If it was a real fine then the admin charge is contractually enforceable; if it was a parking Charge Notice from a private company (which is not a fine at all, merely an invoice) then the T&Cs probably don't cover this eventuality, thus the admin charge would not be contractually enforceable.

Hire companies are expected to follow the BVRLA Memorandum of Understanding (link is to a PDF file) where private parking invoices are concerned.

Ask a board guide to move this to the Parking forum.

Car_54

"If the vehicle receives a fine during the rental period, you will be responsible for full payment of the fine as well as a £55 traffic fine management fee per fine."


Those Ts and Cs are very sloppy.



Leaving aside the fact that vehicles don't receive fines (people do), most parking infringements these days don't result in a fine but a PCN. The OP hasn't told us what the infringement was, but if the "fine" is actually a PCN then the Ts and Cs don't allow for the £55 charge.



Also

guestjim

Good points. Thanks for the advice.

Yes it was a parking infringement.

I am trying to get my head around the various unfair contract terms legislation, eg. Unfair Terms in Consumer Contracts Regulations that were included in Consumer Rights Act 2015.*

This is not a fee for a service provided, just an after the event charge that makes them a handsome profit.

*Thanks to a Which! page for that.