Parking Fine Received At Hotel

LDast

OP, the important bit that you and your friend must take into account and get through your heads and understand is that what was sent to Hertz was simply a speculative invoice from an unregulated private parking company. What Hertz have falsely stated in their letter shows an intellectual malnourishment on their part.

No "authority" of any flavour informed them of anything. Only the police or a council with statutory powers is an "authority". ParkingEye is an unregulated private parking company. Hertz has lied.

No "parking offence" was committed. An alleged breach of contract from an unregulated private parking company is in no way, shape or form an "offence". This is a civil law contractual matter. Nothing whatsoever to do with criminal law so no "offence" could have been committed. Hertz have lied.

Unless your friend contacts their credit card company to dispute the charge and get the £102 wrongly debited and disputed charged back, then they are a fool and their money. Once the money is refunded, Hertz can take it up with your friend and try and claim it from them.

As Hertz are BVRLA members, your friend should be aware of what it states on page 10 of their ATAs Guidance says:

Paying and recharging

Rental and leasing companies that choose to pay a private parking charge notice and recharge it to their customer should ensure that their rental/leasing agreement allows them to do this. 

A sample clause, which would allow you to pay and recharge, is:

“You will be responsible for paying the following charges:

All charges and legal costs for any congestion charge, road traffic offence parking offence or parking notice, or any other offence involving the rental vehicle, including from the vehicle being clamped, seized or towed away.”

Omission of the "or parking notice" contravenes the advice from the BVRLA's own trade guidance. 

One final note for the regulars, PE have failed to include any instruction to the keeper on what to do if the vehicle is hired out to a third party. I couldn't find anything in PoFA that requires them to include the wording even though PoFA requires the keeper to transfer liability to the hirer if the vehicle is hired out.

stephb888

Hi all,

Just coming back to provide an update should anyone else find themselves in a similar situation and reading the thread. 

After much back and forth with the hotel and not getting anywhere, I submitted an appeal with Parking Eye on 20th July where the auto response quoted up to a month response time. Lo and behold I had to chase for an update a month later and finally got a response on 4th September saying the PCN had been cancelled. A small win!

Of course have been quoted 40 days for a £60 cheque 🙃 but the Hertz £42 admin fee has already been refunded. 

I believe this all occurred because the hotel entered the hire car reg as 0E rather than OE so it’s one of these errors that parking companies need to uphold 

Coupon-mad

stephb888 said:

Hi all,

Just coming back to provide an update should anyone else find themselves in a similar situation and reading the thread. 

After much back and forth with the hotel and not getting anywhere, I submitted an appeal with Parking Eye on 20th July where the auto response quoted up to a month response time. Lo and behold I had to chase for an update a month later and finally got a response on 4th September saying the PCN had been cancelled. A small win!

Of course have been quoted 40 days for a £60 cheque 🙃 but the Hertz £42 admin fee has already been refunded. 

I believe this all occurred because the hotel entered the hire car reg as 0E rather than OE so it’s one of these errors that parking companies need to uphold 

Very good and yes you are right.  There should never have been a PCN.  Bunch of chancers!