Parking Charge Notices to hire company, already paid

bigsundial

Hi all,

I know that my dispute is presumably now entirely with the hire company, but there are maybe some parking-specific bits, so I’m asking here.

About a month ago we hired a car on two consecutive days.  On each day, the driver parked at a private facility, in the open car park.  The landowner states via their website simply that you may park here if using the facilities, which the driver/passenger were doing.  

On the website there is no mention of having to get pre-approval, register the vehicle, etc. and the facilities don’t require passing through reception to use them, so driver was unaware of such a requirement.

As such I think appealing/fighting the PCNs would have worked out fine, for these if not other reasons, but unfortunately the hire company took it upon themselves to just pay them and charge us the PCN amounts + their own admin fee.

I’ve tried contacting support for the hire company but they’ve stopped replying.  They already have the money, so no leverage there unfortunately.  It’s a debit card so I don’t think (?) we can do a very effective dispute with the bank either.

——

Questions:

1. Their terms say that (basically) it’s up to them if they want to pay it and charge us, if they can’t be bothered naming the hirer.  My thinking is that this is an inherently unfair term (say per the CRA) since it deprives us of the right to appeal.  Do you think that’s a reasonable basis to make a claim against them for the amount?
2. I’m the one who booked the car rental through the app.  But I’m a named member on my partner’s account and they charged her card rather than mine.  Should I be making a claim against them as myself (since I’m the hirer)?  On behalf of my partner (since she was charged)?  On behalf of us both?
3. Any chance of a claim against the landowner for the bad info on their website?  My vague recollection of estoppel is that it goes something like this, my actual legal knowledge is non-existent so this may be totally wrong.
   

I think the next step is to write a letter before claim, so just sorting out the details.  But any other ideas/avenues would be very helpful too.

Thanks!

Le_Kirk

Landowner - Plan A - is always a good place to start; see the NEWBIE sticky. Is the hire company a member of BVRLA? What does your hire agreement say about parking charges (PCN)? Note there is a difference between fines and PCNs.

bigsundial

Thanks for replying.

> Landowner - Plan A - is always a good place to start; see the NEWBIE sticky.

I did talk to them at reception but they just stated the policy was that you had to come each time and give the registration, even though it doesn't say as much on the website when booking.  Plus, they say now that it's paid there's nothing they can do etc.  Suppose I can try and go higher up the chain of management though, I'll do that as well.

> Is the hire company a member of BVRLA?

Seemingly, yes.  I don't mind naming them; it's Zipcar.

> What does your hire agreement say about parking charges (PCN)? Note there is a difference between fines and PCNs.

It does use the term 'parking charge' and essentially says naming/shifting liability is in their discretion, to quote:

> 11.1 You are responsible for any traffic violations incurred during your reservation or as a result of your use of a Zipcar vehicle. These include, but are not limited to parking, speeding, red light, photo enforcement, and toll violations. You are liable for all penalties/fees from any such violation, including fines for late payment and any processing penalties/fees added by the issuing municipality. You are liable for payment of all tolls and any fines for toll evasion.

> [...]

> 11.4 Where a violation, incurred during the Member's reservation period or after it as a result of failure to adhere to parking regulations, is sent directly to Zipcar, Zipcar will either pay the penalty/fee on behalf of the Member and then add the penalty/fee to the Member's account or Zipcar may, if permitted by the authority issuing the violation, transfer liability for the penalty/fee notice to the Member and the Member will then be wholly responsible for all correspondence with the appropriate authority and any penalties/fees due. Zipcar will always inform a Member which one of these two courses of action it has taken. Once paid by Zipcar, it may not be possible for the Member to challenge the penalty/fee. The right to appeal, or transfer liability, on any traffic or parking charge issued by any authority or body belongs to Zipcar and will be at Zipcar's absolute discretion.

zipcar.com/en-gb/membership-contract/rules-of-vehicle-use

Coupon-mad

The right to appeal, or transfer liability, on any traffic or parking charge issued by any authority or body belongs to Zipcar and will be at Zipcar's absolute discretion.

I agree this is IMHO (and IANAL) an unfair term under the CRA 2015.  But you'd have to be very very good to plead the case well and argue that point of law successfully in front of a Judge!

However, the good thing about filing a claim is that Mediation is compulsory and they'll probably think they have to offer you money at the mediation call.

You can make that work well for you, if they are unprepared or if they fail to attend the phone call. Costs sanctions can then apply.

Have you read today's Arval thread? (I'm not linking threads that are easy to find. I never do).