Hertz admin fees for PCN

Bobsmarsh

Hoping for some help/advice

I have received a PCN that I got whilst hiring a car from Hertz. I am disputing the PCN but that is not the thing I need help with.
When Hertz first received the PCN they gave the parking company my details and charged me £42 in admin fees.
The PCN has now been reissued in my name. The problem is today I have received another email from Hertz saying they have been sent another letter from the parking company saying the fine has been increased as I have not paid.
This letter is the from the Notice to Keep timescale not the reissued fine in my name. Hertz are now saying they are going to charge me another £42 in admin fees.
Can I get out of this? Surely the original fine should have been closed once it was reissued in my name?

Jakeh_2

I've found this in the T+C's on their website.

https://www.hertz.co.uk/p/vehicle-guide/using-your-vehicle-hire

Please remember that you are fully responsible for all road tolls and any fines or breaches of traffic regulations during your rental. Any costs incurred will be charged to you plus an administration fee for our time dealing with the issue. See here for further information.

Traffic fines
An administration fee of £ 42.00 (including tax) will apply per parking, traffic or congestion charge fine.

I would be arguing the point that their Terms & Conditions states that the admin fee will apply per parking fine. A PCN is not a fine. It is an invoice requesting payment for an alleged breach of contract.

Bobsmarsh

Good point!

nosferatu1001

Yes, tell them you will not be paying, and their attempt to gain money they are not entitled to will notbe accepted
This is a private invoice, and unless they can show otherwise - ie the statutory authority that has issued an actual fine - they have two choices - refund the money or wait while you perform a chargeback.

Bobsmarsh

Thanks. I have cancelled my card so they cannot take the second payment, but I will now also contest the first!

DoaM

Bobsmarsh wrote: »

Thanks. I have cancelled my card so they cannot take the second payment, but I will now also contest the first!

That may not necessarily work ... the old card details will still have a link to your account. The only way you can be certain is to notify the card issuer that further transactions from that vendor (Hertz) are unauthorised until further notice.

Bobsmarsh

I spoke to my bank this morning and they said that cancelling my card is the only thing I could do to stop them taking payment..

The_Deep

There is a memorandum between the BVLRA and the BPA about these charges, have they stuck to it?

https://www.bvrla.co.uk/

(and with the IPC),

https://www.fleetnews.co.uk/fleet-leasing/news/latest-fleet-leasing/2016/12/22/bvrla-signs-agreement-with-ipc-to-aid-processing-and-securing-payment-of-pcns

Also raise the matter with your local Trading Standards Department, these charges cannot be part of a fair consumer contract.

Nine times out of ten these tickets are scams so complain to your MP.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

Fruitcake

I believe the BVRLA issued an instruction to their members that they should not pay a PCN, but they may charge for passing on the info. Whether £42 is a reasonable charge for doing this is another matter.
Having charged you once, I believe the second charge is spurious. They have no further involvement are not liable as long as the hirer has admitted to the scammers that they are indeed the hirer.

The hire Co are not obliged to respond, nor pass your details to the scammers again because they have already done that, and do not actually need to tell you again as they have already done that as well.

Tell them in writing that they have discharged their responsibilities by naming you as hirer and are not liable as per the requirements of the PoFA 2012. You are dealing with it, here is a copy of your appeal to the scammers as proof, and therefore the hire Co have no further involvement whatsoever.
Any additional charges will constitute theft, you will dispute them with your card provider, and will see them in court if they continue with this blatant attempt at obtaining money by deception.

If they do somehow manage to take the additional charge, send them a LBC.

Coupon-mad

Bobsmarsh wrote: »

I spoke to my bank this morning and they said that cancelling my card is the only thing I could do to stop them taking payment..

Your bank were wrong and cancelling a card does not stop a payment.

You need to ask them about 'putting a transaction in dispute' (chargeback) and if the first person you speak to doesn't understand, ask for their supervisor.

nosferatu1001

Indeed, chargeback is the magic word

You do need to TELL hertz first you are doing this, as the first question they should ask you is if you have raised this dispute with the responsible fcompany.