Avis T&Cs now mention "parking charges"

ZedMoney · 9 November 2018 at 12:03PM

Hi,

just received a notice from Avis for a car I hired back in April this year. Avis have paid the "Parking Charge Notice" from ParkingEye and are now informing me that they will be processing a charge on the card I used to hire the car for the £60 PCN + £30 admin fee. I assume Avis paid this immediately in April to avoid the escalation of the charge, there's no mention in their letter to me when this was actually paid.

I found in some older threads that Avis T&Cs of hire used to refer to "fines/penalties" but now the wording says:

8) Fines and Charges. You must pay for any parking charges or traffic fines incurred during the rental period related to your use of the vehicle. You must pay our processing fee to cover our time in dealing with these fines or charges, unless you are able to show that no loss or damage has occurred or if incurred, is significantly lower than the processing fee.

I'm aware of ParkingEye's reputation and practices and would like to challenge their speculative invoice that Avis have paid on my behalf - but I'm not too sure how I stand as Avis have already paid are there any grounds for me to challenge directly with ParkingEye? Now Avis's T&Cs cover "Fines & Charges" do I have any wriggle room with Avis to contest their charge to my card?

Also the timescales - date of event 13/04/2018 - Avis letter to me dated 29/10/2018 - over 6 months?

Any advice gratefully received.

StaffsSW · 9 November 2018 at 12:33PM

The BVRLA updated the standard T&Cs back in June 2016 to specifically include "parking charges" - it has taken a while for this to filter through to most front line rental companies though.

It may be possible to approach it via the landowner where the ticket was issued to see if it can be cancelled, and then approach Avis.
If that is not an option, then challenge Avis on why they paid it rather transfer liability - to give them due credit, Parking Eye are pretty good at accepting rental agreements and hirer details from my experience, so I'd be surprised if Avis had tried to transfer liability but it was rejected.

In regards to the timescale, if the charge was issued in April, I'd also ask Avis what happened in between.

Umkomaas · 9 November 2018 at 12:37PM

PE will be completely uninterested. They've got their money.

Avis appears to have tightened its lease agreement. But there is a protocol which they should have followed, one negotiated between their trade association, the BVRLA and the trade association of the private parking companies - the BPA. Here is the Memorandum of Understanding:

https://www.dropbox.com/s/9b0iavad3aqeh28/BPA%20BVRLA%20MoU.pdf?dl=0

Read through that and see how it might help.

Beyond that, you're into consumer/contract law, which apart from anecdotal snippets, is not the forte of this sub-forum. There may be better sub-forums on MSE, or other internet forums like Consumer Action Group or Leagal Beagles.

fisherjim · 9 November 2018 at 2:03PM

For what it's worth I used to have an Avis lease car from my employer before they changed to GE Capital, both are completely useless and they take the line of least cost, and trouble for them and pass it all on to the driver.

But of course with an endorsable motoring offence they can't, and that's the only time they put any back office effort in.

The_Slithy_Tove · 9 November 2018 at 2:39PM

It's not a case of what Avis's Ts & Cs say NOW that matter. What did they say on the day that you hired the car? That's over 6 months ago. Things may have changed.

StaffsSW · 9 November 2018 at 2:40PM

fisherjim wrote: »

For what it's worth I used to have an Avis lease car from my employer before they changed to GE Capital, both are completely useless and they take the line of least cost, and trouble for them and pass it all on to the driver.

That would have been back in 1992 when GE took over the leasing side of Avis but it then floated on the London SE in 1995, and GE sold the last of it's fleet assets back in 2015.

I know it has changed substantially each time.

ZedMoney · 9 November 2018 at 3:28PM

The_Slithy_Tove wrote: »

It's not a case of what Avis's Ts & Cs say NOW that matter. What did they say on the day that you hired the car?

That's a good point and looking back all I have is an email for the rental which says "refer to avis.co.uk for full T&Cs" the internet archive/waybackmachine only has a copy of the top-level/front page

[edit] just checked the Avis T&Cs PDF and it's dated 02/2018 :-(

Avis T&Cs now mention "parking charges"

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