Parking Fine Received At Hotel

stephb888

Hi all!

apologies if this is somewhat covered off in other posts but these circumstances are always quite nuanced eh 🤷🏻‍♀️

My friend and I stayed at Hilton Marble Arch and parked the hire car, from Hertz, for one night in the hotel underground parking.  We let the reception know this and paid the £20 24 hour fee at check out. The car was there for 12 hours. Entry 11th June and left 12th June. 

Hertz have subsequently emailed and charged his credit card for a PCN plus their £42 admin fee. This was dated 18th June

I have emailed the hotel this evening to get in writing that it’s an administration error on their behalf as the £20 was charged and showing on his statement. 

My query is the grey area where I believe liability is accepted because Hertz automatically pay the fee without confirmation from the hirer? Ie can he get the fine refunded by Hertz/ParkingEye if the hotel accepts responsibility?

Thanks all x

oldernonethewiser

There is no fine. 

If the hire company have incorrectly charged you then you can get the money back. 

Happened to me years ago, not with Hertz but the company repaid no problem. 

LDast

I'll pay the "fine" for you if you can show us that word anywhere in the paperwork you've received.

What has Hertz done besides charge you an £42 admin fee? Have you received a Notice to Hirer (NtH) in your name from PE or have they simply forwarded the Notice to Keeper (NtK) that received from PE to you?

Besides the £42 admin fee, have Hertz also gone and paid the PCN? What exactly does your hire agreement with Hertz say about invoices (speculative) from unregulated private parking companies? No private company can issue a "fine" or "penalty". Only an authority or the police can do that.

Please answer these questions first.

stephb888

Hertz have paid the discounted PCN rate of £60 and have subsequently charged my friend the £60 plus £42 admin fee as the PCN was issued to Hertz. 

I’ll need to get a copy of the hire agreement off him but I’m just looking for helpful advice for my communications with the companies involved, not to get drawn into discussions over semantics. 

I’ll be sure to let Hertz know that ‘fine’ is incorrect though 👍

DE_612183

It's not a fine and it hasn't been issues by any authority - go back to Hertz and tell them they should not have paid a spurious invoice from a rogue parking company - they have been duped and it's not your friends problem to pay for their mis-management.

Full refund please - or take them to small claims court.

Or can you get the CC company to reverse the charge.

stephb888

DE_612183 said:

It's not a fine and it hasn't been issues by any authority - go back to Hertz and tell them they should not have paid a spurious invoice from a rogue parking company - they have been duped and it's not your friends problem to pay for their mis-management.

Full refund please - or take them to small claims court.

Or can you get the CC company to reverse the charge.

I believe it is policy for Hertz to automatically pay the charge based on what I have read on a few forums but I haven’t seen the wording of his policy. 

I am thinking that if the hotel confirms an error on their part leading to the penalty, he would be in a position to request a reverse charge. 

Thank you

Gr1pr

The hire agreement is unlikely to specify paying invoices from private companies ( its not a fine or a penalty, so those legal words do not apply. )

I believe that Hertz are members of the BVRLA, so should be following the BVRLA memorandum of understanding issued about 7 years ago, but haven't done. A complaint to Hertz and the BVRKA may spur them on , especially if the hirer can use the BVRLA tribunal or ADR option. ?

DE_612183

stephb888 said:

DE_612183 said:

It's not a fine and it hasn't been issues by any authority - go back to Hertz and tell them they should not have paid a spurious invoice from a rogue parking company - they have been duped and it's not your friends problem to pay for their mis-management.

Full refund please - or take them to small claims court.

Or can you get the CC company to reverse the charge.

I believe it is policy for Hertz to automatically pay the charge based on what I have read on a few forums but I haven’t seen the wording of his policy. 

I am thinking that if the hotel confirms an error on their part leading to the penalty, he would be in a position to request a reverse charge. 

Thank you

So if I see a car with a Hertz rental sticker on the windscreen and send Hertz an invoice for £100 - they would automatically pay it and the hirer could do nothing about it?

Half_way

DE_612183 said:

stephb888 said:

DE_612183 said:

It's not a fine and it hasn't been issues by any authority - go back to Hertz and tell them they should not have paid a spurious invoice from a rogue parking company - they have been duped and it's not your friends problem to pay for their mis-management.

Full refund please - or take them to small claims court.

Or can you get the CC company to reverse the charge.

I believe it is policy for Hertz to automatically pay the charge based on what I have read on a few forums but I haven’t seen the wording of his policy. 

I am thinking that if the hotel confirms an error on their part leading to the penalty, he would be in a position to request a reverse charge. 

Thank you

So if I see a car with a Hertz rental sticker on the windscreen and send Hertz an invoice for £100 - they would automatically pay it and the hirer could do nothing about it?

you could be on to a winner there.




as for the parking charge, when dealing with lease/hire companies it is vitality important not to call them fines or penalties, and the company that issued the parking charge notice most be referred to as un regulated.
 
the best important thing is what exactly do the terms say from Hertz?

DE_612183

`Well this is what I found - it call out Fines and Penalties - neither of which is this one - it's an invoice.

It doesn't even mention the work Fine or Penalty - so why would Hertz pay it?

Coupon-mad

If that back page is from the PCN (not from a Reminder) please show us the whole back page because it looks 'non-POFA worded' to me. In which case it wasn't trying to hold Hertz liable by law and wasn't their business to pay.

It was DRIVER liability only, driver's PCN. Driver was denied the right to appeal by Hertz.  It would be like the Postman paying a PCN for them just because he was required to handle it!

But the quickest way to kill this is a complaint to the Hotel; the guest tells them that their error has directly caused £102 loss and their choices are:

- tell ParkingEye to cancel and refund the PCN

or

- pay the guest £102 and apologise.