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

Thorndorise

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

Insurance_gal2004

Hi everyone, just wanted to give everyone an update! For last 18months, Arval debt collectors have been chasing me for the money but no one actually responded to my email added on this thread. I then escalated to the complaint team and have received the below;

QUOTE
In response to your email dated 6th February 2025 at 08:10.

 

I have discussed this with our legal representative as the information that you have provided in your response appears to relate to legislation, please note the issue that we are discussing is a contractual and practical one. 

 

To confirm our contractual position now and in the future:

 

1. Arval will always try and transfer the fine to you as the driver of the vehicle so that you can pay/dispute it directly with the issuer, for those fines where we can’t transfer liability, we pay these to avoid the charges from increasing and pass the charge on to you. Our process is pursuant to the Contract and not Legislation;
2. If Arval can appeal the fine, Arval will attempt to do so, but you would still be responsible for the administrative fee; unless the fine is was issued in error – if an appeal is required supporting evidence will be needed
3. Arval will not amend the agreement nor will Arval change its process based on one case, this ensures that we are treating all customers fairly in line with our contractual agreement. 

 

As this concludes your complaint I will close your record and issue you with a final response which will include your escalation rights.

UNQUOTE

Unsure where this leaves me really?! Are they saying I still need to pay or not?

Thanks everyone for their help super appreciated.

Coupon-mad

Just means they are saying the complaint route is over. They will still chase the supposed debt! Nothing has changed.