Parking charge when hiring vehicle

gameguy

Hirer and Driver were just visiting - permanently domiciled overseas.

Umkomaas

If your credit card has expired I don't think the hire company can charge you anything now - but you might want to contact your cc provider to check - and it seems to me to be far too late for them to do anything against you.

The hire company should pass on your details to PE (did you use your address abroad on the hire agreement?) and PE should write to you as the hirer. I rather suspect they won't when they see a non-UK address, but if they do, you can safely ignore them.

PE might go after the hire company as registered keeper, but that's not a concern of yours.

Redx

then your address overseas will be given once you have an NTH in your own name

chances are they wont follow it up due to no jurisdiction

gameguy

Thank you everyone for your time and effort on this.

The situation has moved on a little. As of this morning (6 days after the letter was written stating the charge had been paid) PE shows it is indeed now settled - presumably by the rental company. This could be good news as hirer was not given an opportunity to appeal prior to the fee being paid. I had a brief conversation with PE this morning and was told hirer cannot appeal after it has been settled? This was a low level person, the call was made anonymously and the question was asked 'hyperthetically' from someone else's number which was not shown to the recipient.

Given hirer has a genuine medical basis for appeal, hirer's view concurs with Redx - this is an issue for rental co and an opportunity for them to review internal processes. Hirer is advised to familiarise themselves with the BVRLA guidelines mentioned earlier in this thread to understand what due process should be. It does seem that the old addage of 'possession is nine tenths of the law' is in play here. PE now possess the money and show no intention of returning it, hirer is in possession of their money and has no interest in giving it to rental co. Had hirer's credit card not expired it would probably apply in the opposite direction but as it stands, onus is on rental co to demonstrate everything has been done correctly according to laws and BVRLA guidelines before pursuing reimbursement through appropriate channels.

From hirer's perspective, the PE account is settled and so that aspect will not escalate from here which is a positive outcome, and hopefully hirer can demonstrate this has not been correctly handled by rental co (no opportunity to appeal given, over 10 weeks before notification etc.), so this may just go away with a few choice words from hirer to rental co?

Thanks again!

Coupon-mad

I don't think it will go away.

Has the hirer appealed to P/Eye citing that medical issue and providing evidence of their condition and cited the Equality Act?

Because they DO consider appeals and occasionally refund, after payment was paid. I know that, I've achieved it for people before.

gameguy

Rental agreement wording for this rental has 2 components relating to this matter :

1) From Rental Agreement:

STATEMENT OF LIABILITY: I ACKNOWLEDGE THAT FOR THE
PERIOD OF THE RENTAL I SHALL BE LIABLE AS THE OWNER OF THE VEHICLE FOR ANY FIXED PENALTY OFFENCE COMMITTED WITH RESPECT TO THE VEHICLE OR ANY PENALTY OR PARKING CHARGE NOTICE, ANY EXCESS CHARGE OR PENALTY CHARGE FOR PARKING OR BUS LANE CONTRAVENTIONS WHICH MAY BE INCURRED AND ANY CHARGES AND PENALTY CHARGES INCURRED UNDER A ROAD USER CHARGING SCHEME.

BY SIGNING BELOW I AGREE TO THE TERMS AND CONDITIONS AND AUTHORISE YOU TO OBTAIN PAYMENT OF ALL AMOUNTS DUE OR WHICH BECOME DUE UNDER THIS RENTAL AGREEMENT (PARAGRAPH 6 T&Cs) BY DEBITING THE CREDIT OR DEBIT CARD PRESENTED FOR WHICH I MAY HAVE PAID TO YOU. I ALSO CONFIRM (AND CONFIRM ON BEHALF OF ANY ADDITIONAL DRIVERS) THE CONSENTS PROVIDED IN RELATION TO THE USE OF PERSONAL DATA DESCRIBED IN PARAGRAPH 10 OF THIS RENTAL AGREEMENT.

And from Terms & Conditions:

(a) Renter is required to:

(viii) pay any administrative fines, fees, charges, costs, penalties, or other fines that are imposed, issued or incurred in connection with the Renter's usage of the Vehicle during the Rental Period (including usage of the Vehicle by Authorised Drivers or other third parties who are permitted by Renter to use the Vehicle), such as fines or fees for illegal parking or speeding, non-compliance with bus lane, congestion charges, tolls or violations of the rules of the highway or traffic offence or contravention in any country, in all cases, to the extent permitted by law and not caused by Owner;

Are the key words in the Ts&Cs 'such as fines or fees for illegal parking' - as this parking did not contravene any UK law?

Also, is it the case that the wording should be 'Including but not limited to....' if some other situation is to be covered that is not specifically stated in this agreement?

Also, it seems this agreement only allows for the charging of the specific card presented at the time the contract was entered into? That card is now expired, but that situation seems to be unaddressed by this agreement?

Many thanks in advance for your thoughts.

gameguy

@Coupon-mad - Thank you for that information, very helpful. No communication has taken place as yet between hirer and PE .

Coupon-mad

Then you need to do so urgently while the appeal window is still within the 28 days and you will need NOT to use the forum template (avoid it in this case as it won't win). You will need to prove the medical condition and right to a reasonable adjustment under the Equality Act, as you said:

Driver was suffering a migraine at the time, and slept it off after taking medication. Driver was genuinely unfit to drive.

Then maybe sue Welcome Break and ParkingEye jointly for the loss caused by their charge which is indirect discrimination.