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Hire Car - Hirer has gone way over mileage allowance

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  • #16
    I've lost track of this! Why is it being made so complicated? There are only a couple of questions I can see:

    1. Is this a commercial agreement or consumer? I think commercial.

    2. Is the 50p/mile charge enforceable? The OP would be wise to produce evidence that it's industry standard and more or less reasonable before going to court.

    It seems much too high to me, allowing for "servicing, tyres, MOT", but it may still be enforceable. An extra 12000 miles of servicing, tyres, MOT may cost £500-1000 max, and the extra depreciation won't be much on an old car with 140k miles on it. (That's the mileage without the extra 12000 miles.) Trying to convince a judge that £6k is fair is going to be a really uphill task. It may be enforceable, though, even if unfair.

    3. This is the big one: If the OP wins his case, as seems likely to me, does he have any real chance of actually collecting the money?

    Comment


    • #17
      Thank you 2222. Ultimately, and goes without saying, the contract was put in place to protect me from having my property mistreated. I know it sounds like I am stating the obvious but he has at the end if the day exceeded the mileage and has signed to say he accepts the consequences...

      On a side note many many months ago he had a small bump at a set of traffic lights at approximately 2/2.30am in the morning. A small car behind him, the drivers foot slipped off the brake pedal and he tapped the hirer. The hirer sent me pictures of the damage which consisted of several small hairline cracks in the surface of the paint purely where the rear bumper had absorbed the impact. Hirer was ok and vehicle perfectly drivable. Every month or so have been checking in with hirer to see how progress is with insurance company and claiming on third parties insurance. He has told me “oh they have said investigating and will come back to me in 21 days etc etc”

      For a while nothing has happened and it became a bit of a stalemate situation. The third party are disputing because simply put at that time of the morning there were no witnesses about.

      Anyway, fast forward to November of this year and the Prius had its annual relicensing where condition of vehicle is checked. Called hirer afterwards for him to tell me that car failed. I was hugely surprised as the damage to the vehicle in the picture he has sent me previously virtually showed no damage whatsoever. Anyway, he then sent me a picture of the bumper now and there were two huge chunks missing from the rear bumper!! I said to him why on earth did you not notify me of this earlier!! I would have told you that there would have been no way this car would have gone through like that.... he just tried to say that oh its when passengers lug their bags and suitcases out of the boot...!?!!

      So with the car off the road, I made enquiries into having the car repaired to a standard that would get him through the relicensing. His words to me were that he was happy to pay just to get back on the road with a view to a more thorough job being done at a later date by the insurance. I also said to him that I am reasonable and would never wish someone be off the road and unable to work. I arranged the have the car repaired and I paid the bill (£100) on his behalf as he had just been off the road for several days and to give him breathing space. He was well aware that he would have to repay me. I let two week pass before discussing with him to give him an appotunitiy to get some money behind him again. He committed to paying on a date but this was late by several days.

      I have told him that if the work was not up to standard then I would need the bumper repairing again before returning the car) shouldn’t matter anyway as it should be his insurance paying for this anyway - ball park figure £250). Ultimately the initial repair above (£100) was to get him back out on the road asap.

      So as well as the mileage penalty he also owes for the bumper to be repaired which I shall have to sort with a bodyshop local to me when he returns the car. They have quoted £250 and are a reputable company. I also gave him the vehicle with a full tank of fuel as well.

      £500 deposit looking even more like a drop in the ocean isn’t it....

      Tempted to give him two options but would like to hear my stance first from R0b.

      1) He pays the full whack when it comes to exceeding mileage at 50p per mile above agreed mileage

      2) He pays the equivalent in duration. For example he is 10k miles over so would pay 10 weeks rent to cover and bring both time and mileage up to par. This works out to be about a third of the penalty in option 1.

      However, I will stipulate that if option 2 is not paid by say for example (close of play deadline date) and if my phone calls are ignored etc then I will seek to recover full amount in option 1 via a small claims court.

      Be keen to hear your thoughts,

      Thanks,

      Comment


      • #18
        I know it sounds like I am stating the obvious but he has at the end if the day exceeded the mileage and has signed to say he accepts the consequences...
        Whilst we would all like to think that, contract terms have to be fair and reasonable otherwise they are unenforceable. I don't really have anything further to add to be honest, we've covered enough ground on what could happen so now it's up to you to decide whether you want to accept something lower, or take the guy to court and pursue the charges for excess mileage - it's as simple as that.

        I don't see anything wrong with the options you have suggested, it's what works for you but just make it clear that the offer under option 2 two is time limited and only available until a certain date, after that the offer is automatically revoked and you will pursue the full amount.
        LEGAL DISCLAIMER
        Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer relationship between you and me. Some of the content I post may include example wording, letters or other similar responses or templates but they are intended for informational and educational purposes only. Using some or all of my content may fail to meet your needs that is specific to your situation and I cannot be held responsible or liable in any way so you accept that you are using it at your own risk. It is recommended that you seek independent legal advice and you can do this through the Law Society's Find a Solicitor database. Alternatively, you can contact your local Citizen's Advice Bureau for basic legal advice as well as various legal advice centres such as LawWorks. You may also be able to seek legal advice from your local university who may run a legal advice clinic to members of the public.

        Comment


        • #19
          Afternoon one and all,

          I think it would be rude of me not to 1) say thank you to all to whom have responded and 2) let you know the outcome.

          So lets start with a quick thank you as above, to all those who have taken the time to respond. Much appreciated

          Now, the outcome.....well, after some procrastinating and in the interest of trying to save a friendship (not just between myself and the hirer) but I am extremely good friends with the hirers brother and his brothers friend I thought it reasonable to offer the mileage to time ratio option as explained above....do you remember the one where I said about him paying 10 weeks rent if he is 10k miles over for instance (as the mileage allowance per week was 1,000 miles). He was in the end 12,994 miles over when he handed the car back a couple of days ago so the payment of 13 weeks rent to cover the mileage was discussed and agreed to. He then consequently paid this 2.5 hours later. It goes back to what someone above mentioned about getting something from him rather than taking him to court for the £6,497 that it should have been and coming away with nothing.

          There was some damage to the vehicle too which needs repairing. I have had this priced up (£560) and he has transferred the money for this also as well as a few other sundries that need replacing.

          Ultimately, we both left amicably, no relationships have been scuppered, he can get on with his life and I can get on and get the car repaired and sold.

          All too often, we read threads on forums like this (any for that matter) but never learn the outcome. Well.....there you go!

          Thank you again,



          Comment


          • #20
            Thank you for the update, always nice to know the end result.
            LEGAL DISCLAIMER
            Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer relationship between you and me. Some of the content I post may include example wording, letters or other similar responses or templates but they are intended for informational and educational purposes only. Using some or all of my content may fail to meet your needs that is specific to your situation and I cannot be held responsible or liable in any way so you accept that you are using it at your own risk. It is recommended that you seek independent legal advice and you can do this through the Law Society's Find a Solicitor database. Alternatively, you can contact your local Citizen's Advice Bureau for basic legal advice as well as various legal advice centres such as LawWorks. You may also be able to seek legal advice from your local university who may run a legal advice clinic to members of the public.

            Comment

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