How do I sue car rental company for deducting monies from my Card for ALLEGED damage?

FrankFalcon

Hi all

I want to take a major car hire to court because they have deducted over £250 from my credit card for the items below, which I dispute.

Basically, I was involved in a RTA that wasn't my fault.  The other drivers insurance repaired my car and gave me a curtesy car (provided by a huge, well known Car Hire firm).  I had the curtesy car for 2 weeks and the hire period went well.  Then, 2 weeks after the car was returned I noticed that the hire firm had deducted £60 from my Credit Card.  I contacted them and they said it was for a parking ticket, which I disputed at the time and wrote to them.  Then, today, 4 weeks after the car was returned I received a letter from them telling me that on return of the car there was a nail in the tyre and they have deducted me £200.  However, this is the first I have heard of it.  Obviously, I dispute this alleged damage, but even if there was a nail in the tyre surely I should have been notified sooner? Surely I should have been given some form of evidence?  It's as simple as... We say you had a nail in your tyre so we are taking £200 off you.  No notice, no evidence, no chance to defend myself.  Naturally, I have disputed this but the firm have simply ignored me.  Therefore, I want to take them to court to recover the money.  Where do I start please?

Keep_pedalling

Was the parking charge a council or private one? If the former then the RK is responsible for paying it and no doubt your contract had a clause saying they could recover those costs from you. 

As for the tyre damage you need to send them a letter before action telling them that unless they provide you with proof that the damage occurred in you hire period then you will be taking court action to recover your costs.

If you don’t get a satisfactory response then you file a MCoL.

https://www.gov.uk/government/publications/money-claim-online-user-guide

DE_612183

any chance of doing a chargeback?

FrankFalcon

Keep_pedalling said:

Was the parking charge a council or private one? If the former then the RK is responsible for paying it and no doubt your contract had a clause saying they could recover those costs from you. 

As for the tyre damage you need to send them a letter before action telling them that unless they provide you with proof that the damage occurred in you hire period then you will be taking court action to recover your costs.

If you don’t get a satisfactory response then you file a MCoL.

https://www.gov.uk/government/publications/money-claim-online-user-guide

Thank you so much for your advice.  With regard to the parking Ticket, we parked in a council Car Park and the machine was broken.  We took a video of the broken machine in case a ticket was issued in the future.  Indeed, the ticket was issued to the Car Hire Firm and they told me they were going to deduct the £60 from me.  I wrote back telling them not to do it because I was disputing it.  A few days later they sent me a poorly put together screen shot of the Ticket from NCP.  I could just about make out the ticket details and I disputed it with NCP showing evidence.  Either way, the car hire firm deducted the £60.

With regard to the tyre, the facts are as I have said.

Thanks again.

FrankFalcon

DE_612183 said:

any chance of doing a chargeback?

Have tried, but no resolution yet.

born_again

FrankFalcon said:

DE_612183 said:

any chance of doing a chargeback?

Have tried, but no resolution yet.

Expect them not to contest & then start legal process to reclaim the funds.

As far as parking (Invoice) goes they have this covered in T/C. That they pay & then charge hirer. Right or wrong see arguments in parking section.

Mr.Generous

I wouldn't want a picture of a tyre with a nail in unless you could see the vehicle concerned and some evidence of the date - not digital data that can be manipulated. We all know that if you set up a camera and imput the wrong date and time at set up then all images are time and date stamped incorrectly. Easy as that to backdate a picture. 

Ergates

Mr.Generous said:

I wouldn't want a picture of a tyre with a nail in unless you could see the vehicle concerned and some evidence of the date - not digital data that can be manipulated. We all know that if you set up a camera and imput the wrong date and time at set up then all images are time and date stamped incorrectly. Easy as that to backdate a picture. 

No need for a conspiracy theory - it isn't really feasible that a large rental chain would fake a picture of a tire with a screw in it.

The question would be:  Has the car been driven/rented out since the OP returned it.  If it has sat, unused, on lot since it was returned, then it is reasonable to assume the screw was picked up whilst the OP was driving it.

If it did come to court, then civil cases are decided on balance of probability, not "beyond all reasonable doubt".  "Enterprise* are faking evidence to steal money from me" would fail that test without a *lot* of evidence to back it up.

* or whoever it is.

Ergates

FrankFalcon said:

surely I should have been notified sooner?

Not necessarily - it's entirely feasible that they didn't notice to start with.   When rentals are returned, they're given a visual inspection, to make sure you've not driven into any lamp posts or kerbed the alloys, but they won't do a full inspection of the tires.  A nail in a tire doesn't (usually) cause an instant flat tire so it could take days (or even weeks) for it to be noticeable.

It's also entirely feasible that the car hasn't been rented our, or left the rental companies premises since you returned it, which means it will have sat in a parking bay somewhere largely ignored.

the_lunatic_is_in_my_head

Years ago car rental company tried to charge me for damage (scratch) on a returned car, photos showed the car had been moved, once pointed out they dropped it. 

4 weeks is a long time to notify on something like this IMHO. 

@born_again OP mentions credit card, does Section 75 cover the extra charge as a separate thing or does it need to be linked to the payment for the car hire? 

Would OP get far with a chargeback? 

Sure the rental place could sue after a chargeback but then burden of proof would be upon rental company which makes OP’s life easier.

born_again

the_lunatic_is_in_my_head said:

Years ago car rental company tried to charge me for damage (scratch) on a returned car, photos showed the car had been moved, once pointed out they dropped it. 

4 weeks is a long time to notify on something like this IMHO. 

@born_again OP mentions credit card, does Section 75 cover the extra charge as a separate thing or does it need to be linked to the payment for the car hire? 

Would OP get far with a chargeback? 

Sure the rental place could sue after a chargeback but then burden of proof would be upon rental company which makes OP’s life easier.

These days car hire co's do not seem to contest chargebacks. In my experience, but plenty customers call back asking what do we do we have got a debt co chasing for the money.
They just take the legal route to claim money back.

S75 is all down to the T/C & car hire co's have the likes of "Charges for parking covered" as I said above. 
Same with damage etc.
So no breach of contract &/or misrepresentation 🤷‍♀️