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Arval paying parking charges. 15 parking charges due to error.

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  • Thorndorise
    Thorndorise Posts: 351 Forumite
    100 Posts First Anniversary Photogenic Name Dropper
    edited 27 February at 10:31AM
    Mikeh2001 said:
    Exodi said
    12 LIABILITY AND INDEMNITY

    12.1 In respect of any responsibility, claims, liabilities, losses, damages, or expenses (including legal fees) resulting from fines, penalties and/or charges for parking, driving or similar offences or contraventions in connection with Vehicles (the "Liability"): (a) ARVAL has no responsibility for the Liability; (b) the Hirer accepts all responsibility for the Liability including taking all appropriate action; and (c) the Hirer indemnifies ARVAL and holds ARVAL harmless against the Liability. ARVAL will be entitled to charge the Hirer a reasonable administration fee for any work carried out or documentation processed relating to the Liability.

    That's an unfair contract term, if I ever saw one.
    Maybe I'm misreading this, so please do correct me if I am wrong (and I appreciate that it is different to the OPs one) - but this wording seems to state that Arval are not liable, therefore should not be paying any such charges, fines etc on the hirer's behalf (who is liable). They cannot act on the hirer's behalf and pay something they state they don't have liability for - yes, they 'may' be able to charge the admin fee (not my area of expertise), but not the charge/fine etc itself.

    Further to this the above contract wording is in quite stark contrast to the one the OP has (which as stated earlier seems like an unfair contract term itself) - where they state they will have to pay fines and NiPs (not charges though :smile:
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