Incorrectly chased for 'admin fee' from Car Hire company - Do I pay?

Italie2001

Hi all,

We hired a car last month and shortly after returning it were contacted by the car hire company and told that we hadn't paid the fee to cross the Dartford tunnel so were now liable for the Dart charge fine and also their admin fee of £68 on top.  We HAD paid, and Dart Charge eventually contacted the hirers and confirmed that it had been an administrative error and that the fine should never have been issued, yet the car hire company still want their admin fee.  

The text within their T&C's state "... when fines or traffic violations occur and a Green Motion location is involved in administering the charge, then an admin fee of £68 will be charged to the hirer. This is a non-waiverable fee."

My question is whether anyone has been in this position and successfully fought it?  Technically, a "traffic violation" didn't occur so I dont think we should pay.  Next step is a complaint to the ombudsman, I think.

Thanks!

DullGreyGuy

Which ombudsman are you planning to go to exactly?

I think you are on fairly thin ice, the full wording on their website is for each fine received and they did receive a fine. It may later have gotten waived but they still had to do the admin and doesn't change history. It would be no different to if the police had sent documents relating to an alleged crime to them as the registered keepers and then you were found not guilty afterwards. 

If DART messed up then you may have a better argument that they should potentially be reimbursing you than you dont have to pay it.

lisyloo

Italie2001 said:

Hi all,

We hired a car last month and shortly after returning it were contacted by the car hire company and told that we hadn't paid the fee to cross the Dartford tunnel so were now liable for the Dart charge fine and also their admin fee of £68 on top.  We HAD paid, and Dart Charge eventually contacted the hirers and confirmed that it had been an administrative error and that the fine should never have been issued, yet the car hire company still want their admin fee.  

The text within their T&C's state "... when fines or traffic violations occur and a Green Motion location is involved in administering the charge, then an admin fee of £68 will be charged to the hirer. This is a non-waiverable fee."

My question is whether anyone has been in this position and successfully fought it?  Technically, a "traffic violation" didn't occur so I dont think we should pay.  Next step is a complaint to the ombudsman, I think.

Thanks!

I'd be trying to fight this.
My first recourse would be to call my legal advice line for free advice.
Can you check your house insurance to see if you have this included?

Italie2001

DullGreyGuy said:

Which ombudsman are you planning to go to exactly?

I think you are on fairly thin ice, the full wording on their website is for each fine received and they did receive a fine. It may later have gotten waived but they still had to do the admin and doesn't change history. It would be no different to if the police had sent documents relating to an alleged crime to them as the registered keepers and then you were found not guilty afterwards. 

If DART messed up then you may have a better argument that they should potentially be reimbursing you than you dont have to pay it.

BVRLA are the ombudsman for rental companies so at least if they come back and say there's no complaint then I know I've challenged it as far as I can.  Good point about DART being culpable. I'll give that a think.  Cheers!

Italie2001

lisyloo said:

Italie2001 said:

Hi all,

We hired a car last month and shortly after returning it were contacted by the car hire company and told that we hadn't paid the fee to cross the Dartford tunnel so were now liable for the Dart charge fine and also their admin fee of £68 on top.  We HAD paid, and Dart Charge eventually contacted the hirers and confirmed that it had been an administrative error and that the fine should never have been issued, yet the car hire company still want their admin fee.  

The text within their T&C's state "... when fines or traffic violations occur and a Green Motion location is involved in administering the charge, then an admin fee of £68 will be charged to the hirer. This is a non-waiverable fee."

My question is whether anyone has been in this position and successfully fought it?  Technically, a "traffic violation" didn't occur so I dont think we should pay.  Next step is a complaint to the ombudsman, I think.

Thanks!

I'd be trying to fight this.
My first recourse would be to call my legal advice line for free advice.
Can you check your house insurance to see if you have this included?

That's a great idea; I hadn't thought of my legal cover on home insurance.  It's worth a try!  It'll just annoy me forever if I don't at least do something to challenge it Thanks!

lisyloo

Italie2001 said:

lisyloo said:

Italie2001 said:

Hi all,

We hired a car last month and shortly after returning it were contacted by the car hire company and told that we hadn't paid the fee to cross the Dartford tunnel so were now liable for the Dart charge fine and also their admin fee of £68 on top.  We HAD paid, and Dart Charge eventually contacted the hirers and confirmed that it had been an administrative error and that the fine should never have been issued, yet the car hire company still want their admin fee.  

The text within their T&C's state "... when fines or traffic violations occur and a Green Motion location is involved in administering the charge, then an admin fee of £68 will be charged to the hirer. This is a non-waiverable fee."

My question is whether anyone has been in this position and successfully fought it?  Technically, a "traffic violation" didn't occur so I dont think we should pay.  Next step is a complaint to the ombudsman, I think.

Thanks!

I'd be trying to fight this.
My first recourse would be to call my legal advice line for free advice.
Can you check your house insurance to see if you have this included?

That's a great idea; I hadn't thought of my legal cover on home insurance.  It's worth a try!  It'll just annoy me forever if I don't at least do something to challenge it Thanks!

Totally get that.
I also have my motor legal insurance with RAC (£15 for 5 vehicles) and it may be something the motor legal insurance would help advise with (depending on the policy).
For home insurance it comes under consumer issues.

DullGreyGuy

Italie2001 said:

DullGreyGuy said:

Which ombudsman are you planning to go to exactly?

I think you are on fairly thin ice, the full wording on their website is for each fine received and they did receive a fine. It may later have gotten waived but they still had to do the admin and doesn't change history. It would be no different to if the police had sent documents relating to an alleged crime to them as the registered keepers and then you were found not guilty afterwards. 

If DART messed up then you may have a better argument that they should potentially be reimbursing you than you dont have to pay it.

BVRLA are the ombudsman for rental companies so at least if they come back and say there's no complaint then I know I've challenged it as far as I can.  

They provide a form of ADR but are not an ombudsman. Ombudsman are a form of ADR too but are held to a higher standard (hence the Retail Ombudsman was forced to rename itself the Retail ADR as they failed to meet the requirements of being an Ombudsman but do meet the requirements of an ADR).

Jono111

Pay the admin and claim it back from dart charge, they are the ones who made the error 

Okell

Jono111 said:

Pay the admin and claim it back from dart charge, they are the ones who made the error 

DullGreyGuy said:

... If DART messed up then you may have a better argument that they should potentially be reimbursing you than you dont have to pay it.

I agree that DART should be paying the admin fee (or reimbursing the OP) if it resulted from their error.

The car hire firm haven't actually done anything wrong here and have had to carry out at least some admin work in dealing with the charge erroneously issued by DART.

DART should fund the admin fee.