CP Plus charge of £100, plus hertz admin fee of £42. Can I get any of it cancelled?

IkeReese

I hired a car last months from Hertz. I popped into a shopping centre for a little over half an hour, but I had no idea that they charged a parking fee (I would have gladly paid the £1 per hour charge had I known!). I only today received an email from Hertz stating that I was charged a fine of £100. It's already past the 14 day window to pay a reduced fine of £50, so I am on the hook for £140 for a 30 minute visit!!!!

Is there anything I can do?

Notice below:

[FONT=&quot]The vehicle was recorded on our client's property at Crown Wharf, WS2 8LL from 13/06/2019 13:09 to 13/06/2019 13:44 . The recorded duration of the stay was Ohrs 35mins, and we do not have evidence that a sufficient parking payment was made for this vehicle to cover the full duration of the visit.[/FONT]
[FONT=&quot]
[/FONT][FONT=&quot] [/FONT][FONT=&quot][FONT=&quot]Having checked the vehicle details with the Driver and Vehicle Licensing Agency DVLA), we are writing to you because [/FONT][FONT=&quot]either you were the registered keeper at the time of parking, o the registered keeper has named you as the driver at the [/FONT][FONT=&quot]date and time of the event.[/FONT][/FONT]
[FONT=&quot][FONT=&quot]
[/FONT][/FONT]
[FONT=&quot][FONT=&quot]In accordance with the Terms and Conditions clearly and prominently displayed and agreed to when your vehicle parked [/FONT][FONT=&quot]on our Client's property, the payment of £100.00 is required within 28 days from the date of this Notice. We will accept the [/FONT][FONT=&quot]reduced sum of £50.00 [/FONT][FONT=&quot]if payment is received within 14 days i.e. before [/FONT][FONT=&quot]04/07/2019 [/FONT][FONT=&quot]If payment is not received within 28 days, an initial debt collection charge of £[/FONT][FONT=&quot]40 [/FONT][FONT=&quot]will be incurred.[/FONT][/FONT]
[FONT=&quot][FONT=&quot]
[/FONT][/FONT]
[FONT=&quot][FONT=&quot]The driver of this vehicle is required to pay this parking charge in full within the time frame stipulated above. As we do not [/FONT][FONT=&quot]know the drivers name or current postal address, if you were not the driver at the time, you should provide us with the [/FONT][FONT=&quot]name and current postal address of the driver and pass this notice to them. If the vehicle has been hired, please provide [/FONT][FONT=&quot]a signed statement confirming the hirers name and address and include a copy of both the hire agreement and their statement of liability.[/FONT][/FONT]
[FONT=&quot] [/FONT]

MonkeyRum

You need to check the contract you had with Hertz to see if it mentions private parking charges. Keep in mind that this is not a fine or a penalty but rather a claim for breach of a private contract between the driver and the parking company.

IkeReese

Thanks for the quick reply. Yes, Hertz does mention that they will charge an administrative fee if I receive a parking fine/charge.

Fruitcake

It is not a fine.

Forget the mugs discount. The 14 days you mention is irrelevant.

You should edit your post to remove information about who did what. Only refer to the driver and the hirer, who are two different people.;)

Send the hire/lease vehicle appeal letter to the PPC written by Edna Basher that you will find in the sticky thread for NEWBIES. Most PPCs are incapable of following the correct process to make the hirer liable.
Once you have got the PCN cancelled then you stand a good chance of claiming your money back from the hire company.

As already mentioned, read the fine print in the hire agreement, both online and the paperwork the hirer signed as they are sometimes different.
If private parking charges by unregulated parking companies are not mentioned, then put the charge from the hire co into dispute with your card provider.

You should also complain to your MP about this unregulated scam.

Umkomaas

Once CP Plus see a forum instigated appeal, they will, in almost every case, cancel. They will have inevitably have failed PoFA in order to hold the hirer liable, and should the initial appeal fail, this will be a slam dunk at POPLA.

This is your first task, the Hertz charge can come after your appeal is won, as I'm sure they will have a clause that promises reimbursement should the charge be dropped by the parking company (or cancelled via appeal).

Check out the small print in your contract with them.

Big_Boi

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. As others have said, a PCN is not a fine. It is an invoice requesting payment for an alleged breach of contract. Therefore, they are unable to apply this admin fee as there is no reference to Parking Charge Notices in their Terms & Conditions.

Coupon-mad

Easy one to win. Sad that so many people actually pay these!

See post #21 below for what to submit online, and post #23 for the box to tick:

https://forums.moneysavingexpert.com/discussion/5818719/npc-received-while-on-honeymoon-walsall

Tell us when CP Plus give up. Then reclaim any admin fee from Hertz, if possible.

The_Deep

A letter of complaint to their regulatory body and Trading Standards is required here imo.

Also, I would be complaining to my MP about the PPC and Hertz.

Nine times out of ten these tickets are scams.

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.

Half_way

Do not under any circumstance refer to this as a fine with the hire company .
this is absolutely critical, you should also research what/how the private parking industry operates, and understand that PPC land is pretty much the wild west, its unregulated and PPCs will make up the rules as they go along.


Neither the BPA limited, or the IPC are regulatory bodies, just private members trade associations set up to look after their members interests.
the so called codes of practice are written and approved by the trade associations and can ( and have been) altered to suit their members own requirements - that is to help them collect parking charge notices