Car hire charge for after hire period ended

I'm a member of DriveNow, which if you don't know it is like Zipcar Flex - you pick up cars and drop them anywhere in a specified zone.
Recently, I was charged £290 by them because a car I had hired, that was parked legally in the zone, was towed later that day, as a parking restriction later came into force.
DriveNow informed me that their terms and conditions say that I am responsible for the vehicle for 48 hours after I have finished the rental.

I feel this is an unfair term, as it seems designed to protect DriveNow from the local council, rather than serve the customer. I can't see how I can fairly guarantee the vehicle after the rental has ended. I also have never seen this term before, as it is buried in the small print.
Can anyone help? Needless to say, £290 is a heavy blow - if I have a leg to stand on here legally (I feel like I do morally!) I'd be keen to pursue it!


Many thanks.
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Comments

  • I'm a member of DriveNow, which if you don't know it is like Zipcar Flex - you pick up cars and drop them anywhere in a specified zone.
    Recently, I was charged £290 by them because a car I had hired, that was parked legally in the zone, was towed later that day, as a parking restriction later came into force.
    DriveNow informed me that their terms and conditions say that I am responsible for the vehicle for 48 hours after I have finished the rental.

    I feel this is an unfair term, as it seems designed to protect DriveNow from the local council, rather than serve the customer. I can't see how I can fairly guarantee the vehicle after the rental has ended. I also have never seen this term before, as it is buried in the small print.
    Can anyone help? Needless to say, £290 is a heavy blow - if I have a leg to stand on here legally (I feel like I do morally!) I'd be keen to pursue it!


    Many thanks.
    Am I understanding this correctly? You parked it somewhere where parking was free at that time, but in a place where parking restrictions/charges would apply a while later? I assume their contention is that that left them open to a parking penalty? I'm not sure about the 48 hours bit but how long after you left the car was it contravening the parking regulations?

    I'd need to see the exact terms and conditions you mention. When you say "buried in the small print", is it really buried or just honestly a term alongside all the others and you didn't read them before you signed? Honesty is important here because if you are to take action, you need to be sure that the term is hidden or unfair.
  • davidmcn
    davidmcn Posts: 23,596
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    a car I had hired, that was parked legally in the zone, was towed later that day, as a parking restriction later came into force.
    What exactly do you mean by this?
  • Not really buried in their small print. If you use the service you need to understand the restrictions.

    From the parking section of their website
    As a general rule: You can park in any public on-street legal parking space where there are no restrictions due to come into effect within 48 hours.

    https://www.drive-now.com/gb/en/now/parking-guidelines-london
  • pinkshoes
    pinkshoes Posts: 20,036
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    davidmcn wrote: »
    What exactly do you mean by this?

    I assuming it means one of those enforcements that is only during certain times.

    e.g. I drive though a town and the main through road has no parking down one side from 8am until 5pm. This means the main road is clear during the day when the traffic is high so it flows freely. Outside of these hours it is fine to park as traffic is much lower.

    So the OP parked at say 7pm when it was OK to park, but come 8am the car was then "illegally" parked and got towed away.

    This sounds like a possibly contradictory and non enforceable term IF the T&Cs also list this area as a "drop off" zone where you can leave the car.
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • I agree with doverswot, the term in question isn't buried at all, it's quite prominently displayed under the heading Important.

    You don't have a leg to stand on.
  • pinkshoes wrote: »
    I assuming it means one of those enforcements that is only during certain times.

    e.g. I drive though a town and the main through road has no parking down one side from 8am until 5pm. This means the main road is clear during the day when the traffic is high so it flows freely. Outside of these hours it is fine to park as traffic is much lower.

    So the OP parked at say 7pm when it was OK to park, but come 8am the car was then "illegally" parked and got towed away.

    This sounds like a possibly contradictory and non enforceable term IF the T&Cs also list this area as a "drop off" zone where you can leave the car.


    That's what I'm getting at, exactly. My objection is less about small print, more about this being an unfair term. Had the car been rented again in that time (about six hours, cars seem to usually disappear within an hour where I live) it would not have been towed. I can't tell if it would be rented or not, and I can hardly wait by the vehicle for 48 hours. I feel like this term exists to absolve the rental company of checking restrictions themselves for the parked, non-hired vehicles. Had I had it towed if I was currently renting, I'd obviously get that it's completely my fault, but 48 hours later seems in 'bad faith'. After all, what if the car was not rented for 6 weeks and it got towed then? The company would accept responsibility.

    Thanks all for the advice so far!
  • Takmon
    Takmon Posts: 1,738
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    That's what I'm getting at, exactly. My objection is less about small print, more about this being an unfair term. Had the car been rented again in that time (about six hours, cars seem to usually disappear within an hour where I live) it would not have been towed. I can't tell if it would be rented or not, and I can hardly wait by the vehicle for 48 hours. I feel like this term exists to absolve the rental company of checking restrictions themselves for the parked, non-hired vehicles. Had I had it towed if I was currently renting, I'd obviously get that it's completely my fault, but 48 hours later seems in 'bad faith'. After all, what if the car was not rented for 6 weeks and it got towed then? The company would accept responsibility.

    Thanks all for the advice so far!

    I think you seem to be missing the point; why would you have to wait by the car for 48 hours?

    You simply park the car on a road that has no parking restrictions for the next 48 hours and leave it there. So if there is a sign saying for example you can't park from 8am to 5pm then you need to park it somewhere else.

    48 hours sounds like a perfectly reasonable time frame to me.
  • i'm not convinced it is unfair.. although at a basic level i understand also why some would see it this way.

    but look at it from there point of view.

    You can park anywhere, what is to stop people leaving the car somewhere an hour before parking restrictions apply, lets say 10 cars a day nationally, 7 days a week, £200 fee for towing.

    Thats £56,000 in fees a month for the company because people have left cars anywhere they like.
    48 hour grace seems fair in this respect allowing the car to be re-hired.

    it would only be fair if it was categorized and marked as a specific company drop zone rather than an allowable street parking space.
  • born_again
    born_again Posts: 14,002
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    Round here there are special bays for car club cars. Park there and it's OK. Park anywhere else and in effect until someone else hire's the car it is still your problem if it gets a ticket.
    They do it to ensure that cars are parked in the bays and not dumped anywhere.
    Life in the slow lane
  • marcarm
    marcarm Posts: 1,205
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    Takmon wrote: »
    I think you seem to be missing the point; why would you have to wait by the car for 48 hours?

    You simply park the car on a road that has no parking restrictions for the next 48 hours and leave it there. So if there is a sign saying for example you can't park from 8am to 5pm then you need to park it somewhere else.

    48 hours sounds like a perfectly reasonable time frame to me.

    Think the OP means they can't be certain it hasnt been rented again say 6 hours after they dropped it off, so making them responsible for 48 hours after their hire has ended could potentially be unfair as any penalties could be down to the next renter
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