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  • FIRST POST
    • guestjim
    • By guestjim 15th May 19, 12:52 PM
    • 25Posts
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    guestjim
    Extortionate Charges by Car Hire for Dealing with PCN
    • #1
    • 15th May 19, 12:52 PM
    Extortionate Charges by Car Hire for Dealing with PCN 15th May 19 at 12:52 PM
    I wonder if anyone knows about the legality of Car Hire Companies charging for passing on the hirer's details when they receive a notice that a car parking or other offence occurs.

    I have been charged £55 for this when it only involves an automated system and a postal cost. It seems very unreasonable when you are about to pick up the car from the company.

    Any advice gratefully received.

    By the way no infringement occurred - it is based on number plate recognition and is two separate events.
    Last edited by guestjim; 15-05-2019 at 12:55 PM. Reason: typo
Page 1
    • BoGoF
    • By BoGoF 15th May 19, 1:05 PM
    • 4,390 Posts
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    BoGoF
    • #2
    • 15th May 19, 1:05 PM
    • #2
    • 15th May 19, 1:05 PM
    I imagine the terms and conditions that you signed and agreed to mentioned this fee?

    Or you didn't read them?
    • guestjim
    • By guestjim 15th May 19, 1:17 PM
    • 25 Posts
    • 15 Thanks
    guestjim
    • #3
    • 15th May 19, 1:17 PM
    • #3
    • 15th May 19, 1:17 PM
    They were not clear and you get the written contract and an email after you have collected the car.

    I am concerned that the charge should reflect the costs and not allow them to be making a profit.

    Even if I had been aware I would have had no option but to have the car.
    • BoGoF
    • By BoGoF 15th May 19, 1:24 PM
    • 4,390 Posts
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    BoGoF
    • #4
    • 15th May 19, 1:24 PM
    • #4
    • 15th May 19, 1:24 PM
    They were not clear and you get the written contract and an email after you have collected the car.

    I am concerned that the charge should reflect the costs and not allow them to be making a profit.

    Even if I had been aware I would have had no option but to have the car.
    Originally posted by guestjim
    So you still had time to read them before taking the car out?

    You have no idea how much it costs them to process the notice....regardless you probably agreed to it.

    Your choice

    Who is the hire company so we can look at their t and c's
    • guestjim
    • By guestjim 15th May 19, 1:33 PM
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    guestjim
    • #5
    • 15th May 19, 1:33 PM
    • #5
    • 15th May 19, 1:33 PM
    It was Easirent - the Heathrow branch
    • guestjim
    • By guestjim 15th May 19, 1:34 PM
    • 25 Posts
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    guestjim
    • #6
    • 15th May 19, 1:34 PM
    • #6
    • 15th May 19, 1:34 PM
    and I had already paid before being given the contract - through an agency and deposits for the car etc.
    • Aylesbury Duck
    • By Aylesbury Duck 15th May 19, 1:43 PM
    • 3,693 Posts
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    Aylesbury Duck
    • #7
    • 15th May 19, 1:43 PM
    • #7
    • 15th May 19, 1:43 PM
    What terms and conditions did you agree to when you booked the car through the agency?

    You can see where this is going, can't you. Ultimately, it's their business how they operate, what charges they levy, what their costs of operation are and what margin they want to achieve, as long as they operate lawfully. It's your choice whether to give them your custom under those conditions. I'm fairly confident they aren't the only car hire operator at Heathrow.
    • Hasbeen
    • By Hasbeen 15th May 19, 1:45 PM
    • 1,478 Posts
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    Hasbeen
    • #8
    • 15th May 19, 1:45 PM
    • #8
    • 15th May 19, 1:45 PM
    They were not clear and you get the written contract and an email after you have collected the car.

    I am concerned that the charge should reflect the costs and not allow them to be making a profit.

    Even if I had been aware I would have had no option but to have the car.
    Originally posted by guestjim
    Very clear from their T&C?

    receives a fine during the rental period, you will be responsible for full payment of the fine as well as a £55 traffic fine management fee per fine. This includes, but is not restricted to, parking offences, speeding fines, congestion charges, bus lane offences, traffic signal offences, toll road offences, etc…
    • DoaM
    • By DoaM 15th May 19, 2:34 PM
    • 6,875 Posts
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    DoaM
    • #9
    • 15th May 19, 2:34 PM
    • #9
    • 15th May 19, 2:34 PM
    If it was a real fine then the admin charge is contractually enforceable; if it was a parking Charge Notice from a private company (which is not a fine at all, merely an invoice) then the T&Cs probably don't cover this eventuality, thus the admin charge would not be contractually enforceable.

    Hire companies are expected to follow the BVRLA Memorandum of Understanding (link is to a PDF file) where private parking invoices are concerned.

    Ask a board guide to move this to the Parking forum.
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • Car 54
    • By Car 54 15th May 19, 2:41 PM
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    • 2,515 Thanks
    Car 54
    "If the vehicle receives a fine during the rental period, you will be responsible for full payment of the fine as well as a £55 traffic fine management fee per fine."


    Those Ts and Cs are very sloppy.



    Leaving aside the fact that vehicles don't receive fines (people do), most parking infringements these days don't result in a fine but a PCN. The OP hasn't told us what the infringement was, but if the "fine" is actually a PCN then the Ts and Cs don't allow for the £55 charge.



    Also
    • guestjim
    • By guestjim 15th May 19, 7:16 PM
    • 25 Posts
    • 15 Thanks
    guestjim
    Good points. Thanks for the advice.

    Yes it was a parking infringement.

    I am trying to get my head around the various unfair contract terms legislation, eg. Unfair Terms in Consumer Contracts Regulations that were included in Consumer Rights Act 2015.*

    This is not a fee for a service provided, just an after the event charge that makes them a handsome profit.

    *Thanks to a Which! page for that.
    • DoaM
    • By DoaM 15th May 19, 8:43 PM
    • 6,875 Posts
    • 6,794 Thanks
    DoaM
    most parking infringements these days don't result in a fine but a PCN
    Originally posted by Car 54
    That's why it's important to understand exactly what is meant by PCN:

    Parking Charge Notice = invoice
    Penalty Charge Notice = fine

    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • Jumblebumble
    • By Jumblebumble 17th May 19, 12:07 PM
    • 170 Posts
    • 67 Thanks
    Jumblebumble
    So you still had time to read them before taking the car out?

    You have no idea how much it costs them to process the notice....regardless you probably agreed to it.

    Your choice

    Who is the hire company so we can look at their t and c's
    Originally posted by BoGoF
    Especially as my understanding is that they will in turn to pay the registered keeper their admin fees who are their leasing company so you are paying admin fees to two different companies
    £55 for two is not so unreasonable IMHO
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