• Welcome to the LegalBeagles Consumer and Legal Forum. Please register to get the most out of the forum. Registration is free and only needs a username and email address.
  • LegalBeagles® is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

    Please do not post your full name, reference numbers or any identifiable details on the forum.

Hire car company paid the parking charge & 'admin fee' (£136) before letting me know

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Hire car company paid the parking charge & 'admin fee' (£136) before letting me know

    Hi,

    I'd be most grateful if I could get some advice regarding a parking charge which occurred on 08-12-2018 in a private car park controlled by 'Parking control management (Uk) Ltd'.

    I was in a hire car at the time and did not receive any letter from Parking control management Ltd regarding the alleged parking contravention. Instead, I received an email on 15-01-2019 from the car hire company (Sixt) with a letter (see attached) informing me that they had paid the invoice and taken the money from my card plus an admin fee (£136 in total) as per their terms.

    In the past when I have had a parking ticket given in a hire car, the hire car company has given the Parking control company my address and details which meant I could defend the parking notice directly. This is a different car hire company than I usually use and it seems they have a different policy.

    They said if I wish to contest it I need to appeal to Parking control management for 'compensation'.

    In the past I have cited a failure to include a copy of the hire agreement or NTK with the PCN issuer's correspondence, and the charges have been waived as a result. In this case the PCN issuer has never sent me any correspondence so I guess I can't use that this time?

    Any advice on the best way to play this would be much appreciated.

    Thanks in advance.

    R



    Attached Files
    Tags: None

  • #2
    What does the hire contract say about parking invoices? It probably mentions fines and penalties.

    You could always ask your bank to reverse the unauthorised transaction

    Comment


    • #3
      Hi Ostell,

      I've copied their terms below. It seems they state that they can both send my details onto the parking company, and/or pay the charge and charge my card.

      I am considering asking my CC company to reverse the transaction, they normally ask why and if I have exhausted all routes with the supplier so I just wanted to try and respond to Sixt first with a case.

      It doesn't seem right that they can just pay the fine and take the money without giving me the opportunity to defend the claim first. Now they've paid it I imagine it is going to be more difficult to retrieve the money?

      15 Speeding, parking and traffic fines and charges

      15.1 You are responsible for all fines and charges issued as a result of you or any driver
      using the Vehicle. Fines and charges could include: all parking fines or charges; toll
      charges; towing charges; clamping costs; traffic fines or charges; speeding fines;
      and any other charges or fines.

      15.2 If a fine or charge is sent to us because you haven’t paid a charge or complied with
      the law, we will take payment for:
      (a) our administration fee which is notified to you at the time of booking and can
      be found on our website at https://www.sixt.co.uk/rental-servic...alinformation/ to cover our costs of dealing with the fine or charge; and
      (b) the fine or charge itself (if we have to pay it).

      15.3 By signing the Rental Agreement, you give us permission to these payments. We
      will charge them to your payment card.

      15.4 By signing the Rental Agreement, you agree to us giving your details, as well as a
      copy of the Rental Agreement to the authority or private company that has issued
      the fine or charge if we consider they have a right to the information and the law
      allows us to do so. We will charge you a processing fee for doing this.
      SIXT Terms and Conditions for Rental of a Vehicle 11.18

      15.5 If we are not able to lawfully pass on your information in accordance with clause

      15.4, we will pay the fine or charge on your behalf and then invoice you for the fine
      or charge, as our administration fee.

      15.6 If you want to appeal, contest or dispute a fine or charge, we will give you the details
      of the fine or charge and, the organisations who issued the fine or charge. You must
      deal directly with the issuing organisations to get a refund and/or compensation.

      Comment


      • #4
        15.2.b is the relevant bit. "(If we have to pay it)". The response to that is that they did not have to pay it. Indeed there will be instructions on the PCN on what to do to avoid payment. There is no chance of getting the money back once it is paid and every chance of not paying the charge. They should have followed the correct procedures, a procedure that their own trade association is well aware of.

        It could also be held that you would not be liable for the administration charge as you would probably not be liable for the parking charge

        You could also take them to task about calling PCM an authority when it is nothing of the sort, being a mere private company, the violation a mere alleged breach of contract and the PCN no more than an invoice.

        Was there a windscreen ticket on the car?

        The bank should be told that this was an unapproved transaction that Sixt made contrary to their term & conditions
        Last edited by ostell; 22nd January 2019, 19:20:PM.

        Comment


        • #5
          That's great, thanks.

          No there was no ticket attached when I arrived at the car.

          I will inform my CC company and hopefully they will reverse the charges.

          Comment


          • #6
            With no windscreen ticket then they have to deliver the PCN within 14 days. I can't really read the dates on the PCN but it could be that the date of event to the date given is more than 14 days and therefore there could be no keeper libility, ie Sixt had no liability in this matter and therefore an even stronger reason to not charge you.

            Comment


            • #7
              Good point - It looks like they only sent the letter to Sixt on 09-01-19 and the alleged contravention took place on 08-12-2018 so almost a month later.

              Although the letter does state that they did affix the ticket to the windscreen and take a photo of it.

              Comment

              View our Terms and Conditions

              LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

              If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


              If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

              Announcement

              Collapse
              No announcement yet.

              Court Claim ?

              Guides and Letters
              Loading...

              upgrade to vip

              Want exclusive access to forums, more privacy and a live chat box? Upgrade to become a bigger part of our community.

              only £15/yr

              Offers available. No subscription traps.

              sign up now



              Search and Compare fixed fee legal services and find a solicitor near you.

              Find a Law Firm


              Working...
              X