Zipcar False fine

LisaM1984

I used a Zipcar Flex in February for a total of 15 minutes (14:27-14:43), parked up on my road and ended the trip. Fast forward a month later and I have received a £75 fine from them claiming I left the vehicle where it could not be parked, I asked for proof of the ticket, this was sent to me, the ticket was issued the following morning (05:08am)after I had ended my trip, more than 10 miles from where I left the vehicle. Now Zipcar are saying nobody else used the vehicle after me so it’s my fault. How is it possible that nobody used the car but got a ticket more than 10 miles away I have contacted them via phone and email sent them evidence and a screenshot of google maps to show the distance and now they have stopped responding to me. Instead they have removed the trip from the trip section on my account and kept the £75 charge on my account. What can I do? 

B789

Have you checked your Google account to see if your movements have been recorded? Can you evidence, in any way your movements after you dropped the car off? Witnesses?

tacpot12

I would suggest you have a careful read of the contract to see if you are liable.

If you have home insurance, check to see if you have legal expenses cover, and if so, call the Legal Helpline provided by your insurer.

LisaM1984

B789 said:

Have you checked your Google account to see if your movements have been recorded? Can you evidence, in any way your movements after you dropped the car off? Witnesses?

Thank you, I hadn’t thought of that after I returned home I never left my house again so I should be able to see my location on my iPhone, and I would of been home with my children for the remainder of the day and night 

LisaM1984

tacpot12 said:

I would suggest you have a careful read of the contract to see if you are liable.

If you have home insurance, check to see if you have legal expenses cover, and if so, call the Legal Helpline provided by your insurer.

I’ve looked over the terms, and it states I would be liable even if the reservation has ended which I do not disagree with, my issue is how did the car get 10 miles away from where I left it to where it got the ticket. Since I started questioning that they have stopped responding had the ticket occurred in the same place I left it I would gladly pay but to be precise it was 8.5 miles away which is a 37 minute drive 

Herzlos

What's the evidence of the car being in the wrong location? Since I'm guessing it'll be a parking ticket, is there any indication that the address of the ticket is correct, or that it's the correct car?

The cars presumably have a tracker in them so Zipcar should be able to tell when it's moved and hopefully by who. I suspect they either got the location wrong (unlikely) or that someone else has moved it but the trip hasn't been logged.

LisaM1984

Herzlos said:

What's the evidence of the car being in the wrong location? Since I'm guessing it'll be a parking ticket, is there any indication that the address of the ticket is correct, or that it's the correct car?

The cars presumably have a tracker in them so Zipcar should be able to tell when it's moved and hopefully by who. I suspect they either got the location wrong (unlikely) or that someone else has moved it but the trip hasn't been logged.

Hi, they sent me a copy of the letter sent to them which stated the address on it and had a picture of the vehicle. The ticket was issued by a private parking firm rather than a council had the ticket been issued where I left it the ticket would of been issued by the local authority as it was left on the road outside my home. It is definitely the same car, ticket issued on the following day and the picture of the car on the letter definitely doesn’t look like my road 

Fruitcake

Start by putting the charge into dispute with both Zipcar and your card/bank institute.

What does the Zipcar contract say about parking charges from unregulated private parking companies? If it is anything like hire car company contracts it will mention fines and penalties from an authority, but not parking charge notices from private companies.

In any case, denying a motorist's right to appeal by paying the charge and passing it on to the customer is an unfair contract term and breaches the Consumer Rights Act 2015.

LisaM1984

Fruitcake said:

Start by putting the charge into dispute with both Zipcar and your card/bank institute.

What does the Zipcar contract say about parking charges from unregulated private parking companies? If it is anything like hire car company contracts it will mention fines and penalties from an authority, but not parking charge notices from private companies.

In any case, denying a motorist's right to appeal by paying the charge and passing it on to the customer is an unfair contract term and breaches the Consumer Rights Act 2015.

I have looked at the terms again and you are correct only states about local authority tickets, I wasn’t given the opportunity to appeal just simple had the charge added to my account, and in the terms it does say that I have the right to appeal but like I stated before they are talking about local authority tickets. 

Thank you for the information I will send another email stating this 

B789

Have you told your credit car company to put a hold on this payment as you are in dispute?

LisaM1984

B789 said:

Have you told your credit car company to put a hold on this payment as you are in dispute?

The money hasn’t left my account, I use a card that I transfer money (victim of fraud previously) too so they keep attempting to take it but I’ve not transferred any money to it