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Green Motion "management fee" for cancelled PCN
I googled and checked this forum, but the advice and outcome was inconclusive so I'm wondering if anyone here can help?
We hired a car from Green Motion for two consecutive weeks under two separate hire agreements (basically returned the first car after a week and then immediately hired another one for another week under a new agreement).
We used it to travel to work, but due to "system/personnel issue" we were given two PCNs (one for each car) on the first day of parking. Once we found out that PCNs were issued, we queried it and both were cancelled by the employer. So no problem there.
However, Green Motion have emailed more than 2 months after the hire and immediately charged 2 x £68 management fee to process the PCNs.
Before I respond and demand a refund as the PCNs were issued in-error what would be the best approach?
The rental agreement contains this:
"Each traffic violations/PCN’s/Parking Charge Notices are subject to management fees of £68.00 including VAT."
My initial thinking was that as PCNs were cancelled no traffic violation nor alleged contractual breach occurred, therefore the condition above doesn't apply. I am guessing their argument will be that they still incurred costs processing this, however I don't see why should we pay excessive management fees due to somebody else's negligence. Would it be reasonable to claim that T&Cs are potentially unfair? Anything else I can try?
Thanks a lot.
I looked at these already:
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