Parking charge when hiring vehicle

gameguy

Hi All

Hirer has just received a notice from a car hire company for overstaying in a Welcome Break car park. Driver was suffering a migraine at the time, and slept it off after taking medication. Driver was genuinely unfit to drive. Hirer understands the normal appeal process. Migraines cause visual impairment - driver wonders if this is a valid reason for not seeing the signs? It was a struggle to make it to the car park at all and driver had no idea at all, until receiving the notice, that these rules were in place - it is a total surprise.

However, the car rental company notice states that it has paid the fine and is now seeking to charge hirer for the fine they have paid. Upon checking, the fine is in fact outstanding according to the ParkingEye website. The rental company is therefore making false statements on the notice to the hirer. Hirer's concern is that even if hirer pays the rental company the requested fee - which includes an admin fee for admin which cannot have been undertaken as the fine remains unpaid, hirer could still be liable for further charges.

Also, is it legally acceptable to demand money under such false pretences?

Does anyone know what course of action hirer should take?

Many thanks in advance.

MistyZ

First off, edit your post re. Hirer and driver. The person who hired the car is the hirer, ('day to day Keeper'), full-stop. Then there was the driver. There is no reason to assume that they are one & the same. The parking companies lurk here and have been known to use peoples' posts against them. If this doesn't make sense at first sight, search for some other hire car threads.

Tell the hire company that the hirer will deal with this charge themselves. They should therefore provide the PPC with the hirer's name and address.

Check out the hire company's T&Cs, it is very unlikely that they have anything to say about invoices incurred, which is what a PCN is. They often wrangle about this but it's worth raising.

While you need to act quickly in challenging the hire co., it will also be worth complaining to the landowner insisting on cancellation ASAP as well. If you can get a doctor's note confirming that the hirer (an occupant of the car at the time) suffers from severe migraines, that would be something to include in the complaint email.

Definitely read up on hire car cases in the Newbies' thread, there are specific ways to deal with these and if there is time to take control of the appeal process there is a good chance of winning at POPLA.

Date of alleged infringement? Date the hire car co. claim to have paid?

The_Deep

If this was an LA ticket it would probably be cancelled, Read MC1,

https://www.cheshireeast.gov.uk/car_parks_and_parking/penalty_charges/how_to_appeal_against_a_pcn/mitigating_circumstances.aspx

This is not a fine, it is an invoice for the damage they suffered when you so wantonly breached their T&C, pay them not a penny unless a Judge so orders you. Furthermore, as nine times out of ten these tickets are scams so consider complaining 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.

Half_way

There has been no fine issued by Parking eye.
When dealing with hire/rental vehicles its important to get an understanding of parking charge notices (PCNs) and Penalty Charge Notices (PCNs)



That is the difference between what is issued by a private unregulated company operating on someone's behalf in a private car park.
and what is issued by a regulated genuine authority - in my opinion there's till something wrong with hire companies automatically paying genuine tickets automatically especially with the ticket first ask later culture





So do you know the difference between a parking charge notice as issued by the likes of parking eye and a fine??




Now you need to look at the details, what do the terms and conditions say about the hire/lease/rental agreement with regards to paying any fines/penalties etc??


And one last thing, NEVER refer to it as a fine or penalty when dealing with the hire company, odds on the staff at the hire company office/branch are clueless about private parking companies and think they issue fines etc, you will need to go in and help them along the way

Redx

The hire company should have named the hirer and provided hire docs under BVRLA guidelines from 4 years ago, plus POFA from nearly 7 years ago, so tell them this

PE should have then sent an NTH plus hire docs to you as hirer, so you could appeal

Not doing things correctly has inflamed the situation, so argue your corner by telling them this

If they are daft enough to actually pay it as keeper, that is their problem not yours

If they want out, they should follow the correct procedures from several years ago and still in force

Check what your hire agreements says about private invoices, because this is not a fine nor a penalty, it's an invoice from a private company

The_Deep

Parking Eye's signs are rubbish, read this

https://forums.moneysavingexpert.com/discussion/5972164/parking-eye-signs-oxford-road-reading

Umkomaas

If the hire company is a member of the trade body BVRLA, they should follow the protocol agreed between the body and the BPA. Read it here:

https://www.dropbox.com/s/9b0iavad3aqeh28/BPA%20BVRLA%20MoU.pdf?dl=0

There is an arbitration process you can access if the hire company refuses to cooperate, but do be aware that their main role is to represent their members. Nonetheless, an avenue for you to explore.

But the main point of attack is with the MSA.

Do you regularly receive medical treatment for your migraine? If so, you might have a case under the Equality Act 2010, where reasonable adjustments should be made for anyone so qualifying - that would be against the MSA - so check out the EA 2010.

gameguy

Thank you everyone for your input so far. Post is edited as advised.

Hirer is not a UK resident (for many years) so has no UK MP, and is ineligible to vote due to length of absence from UK.

Hirer understands this is not a fine or a penalty, just a parking charge, thank you for clarifying that.

Rental company is unable to charge hirer's card as it has since expired. First notice of charge was received 10 weeks after the event which seems a long time and has exacerbated the situation and level of charge.

Hirer agrees with Redx, this is a bill that hirer does not need to pay, certainly not before rental co has incurred costs, and probably not after either. Hirer feels worst case is that a new rental company may be needed in future!

Hirer is unsure whether they want to bother dealing with PE - it feels like that is the vehicle owner's problem here. Hirer suspects rental co is attempting to boost revenue by charging hirer, before fighting charge, leading to cancellation, such that rental co receives additional payment but PE does not?

Thank you again - great to receive your thoughts and insights into such a poor system.

Umkomaas

Are you now permanently domiciled back in the UK, or just visiting, with your permanent address outside the UK?

Redx

It is a poor system, which is why the MP,s are changing it, eventually

Bear in mind this has nothing to do with the owner

When we reply, we are quite specific about using the words hirer , keeper and driver, but not owner

The hire company should abide by UK laws and BVRLA guidelines and failing to do so is their problem, so they need educating

When dealing with them, use the words parking invoice

Never use the words fine or penalty, because it's neither and their t and c,s will mention those 2 words, so avoid using them

It is their problem if they are being obtuse or intransigent, but you will need to use correct complaints wordings in order to convince them of the error if their ways, so choose your words carefully, and do not mention the word owner, as that could be Barclays bank of Toyota finance etc

KeithP

gameguy wrote: »

Rental company is unable to charge hirer's card as it has since expired.

Please don't rely on that.

Whilst the card may have expired, the underlying account is still there.

Any charge the rental company makes to that card will find it's way to the account-holder. You can be assured of that.