Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Default Congestion Charge via hire company

    This is my first post and i'll start by apologising as it's a bit of a long one!

    I put my car in to service at VW and hired a car from them for 3 days. One month later I recieved a call from VW to say that whilst I had the hire car, they had recieved a Congestion Charge notice. I said that I had paid the charge, but if they could contact Congestion Charging and have the case put in my name I would then be able to contest it. This was agreed and I heard no more until a couple of months later. VW called me again and asked me why I had not paid the fine! I explained that CC would not deal with me as I am not the registered owner and that they had to contact them and say it was me who was driving. The charge would of then been frozen at £60 and I could of paid it or contested it.

    Obviously worried about this, I called congestion charging to explain what had happened. They informed me that VW had not followed the correct procedure as they should of sent a copy of the hire agreement to them, so as they could then contact me. I got back on to VW and explained this, they simply laughed at me and told me to get in the real world, and that I should of paid the charge in the first place!

    Furious at this I went to VW asked to speak to the manager, who was just as helpful as his staff (not very) i asked if i could have a copy of the hire agreement so as I could deal with it myself. Whilst I was doing this, I had a call from my bank to say that I was owerdrawn.

    VW had taken £185 out of my bank!!!!! Yes, I had orignally signed an agreement to say they could take monies if something like this was to happen, but surely, t is negligence on there behalf that the charge had reached £185. They should of either paid it at £60 or had it handed over to me correctly.

    To add even more to insult, as I had managed to get the correct details to congestion charging, they then sent me a bill also for £185 as VW hadn't even paid them!

    I wrote to congestion charging, however, they was not interested as it had past the 28 days. VW eventually paid CC the £185 they had taken from me. But now I am left £185 out of pocket, because VW didnt do their job properly.

    I contacted VW customer service and was simply told that they had spoken to the people involved and that they said they had done all they could to help. They also said they could help me no further as it was not a manufacturing problem.

    Sorry for the long thread, but i am desperate for help.,

    Many thanks


  2. #2
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    Default Re: Congestion Charge via hire company

    I Believe If A Hire Company Receive A parking ticketicon/ Or Any Chareg,
    They Just Take It Out Of Your Card Details When They Get It.
    It Is Down To You Then To Contest It After It Has Been Paid.
    So Why Did They Not Pay The 60 Quid Straight Away, Appeal Or No Appeal
    For Vw To Hang On And Then Be Landed With A Bill For 185 Quid Is A Bit Much

    I Would Be Asking Why They Did Not Pay This When They First Got The Invoice

    On The T&c Of Most Hire Agreements, It Does State The Hirer Will Be Liable For Any Charges, And The Hire Agents Just Pay Them With The Bank Card On File On Receipt Of The Notification

    Ask Vw Some Straight Questions On This And What There Policy Is On Paying Charges


  3. #3
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    Default Re: Congestion Charge via hire company

    They have prevented you from exercising your legal rights. I would say that through their incompetent and incorrect method of dealing you have a case to be re-imbursed. Had VW followed the correct procedure - On the Notice to Owner there is an option to indicate the vehicle was on hire and pass on your details - then you could have provided proof that the CC was paid or paid at the original rate.

    The fact that you contacted them indicates you were doing your best to fulfill your obligations under the contract.

    Given they are renting cars out they should know the correct way to handle this sort of thing and I would suggest it is negligent of them not to do so.

    If you want to reclaim everything then you will need to provide proof that the CC was paid. If you just want to be re-imbursed for amount above the fine then you don't need proof.

    What you need to do is write to them detailing your position and put it to them why you beleive they owe you money. You should include details of any phone callsicon or conversations.

    If you have proof of the CC charge payment - disclose it and say that had they dealt with the NTO correctly you could have provided this information to TfL and that the matter would have been closed.

    If you don't have the proof of the CC charge payment then then say that had they dealt with the NTO correctly you could and would have paid at the original amount.

    Point out that it is a result of their unreasonable/negligent behavior that these charge were incurred in the first place.

    State that you expect a full/partial refund.

    Give them 14 days to pay. If they don't then send them a letter before actionicon - you will be threatening them with court action. Give them a further 14 days to respond.

    If they then fail to respond then you will need to sue them in the county courticon. (You can do this on-line https://www.moneyclaim.gov.uk/csmco2/index.jsp)

    -------------------------------------------------------------------------------------------------------------------------------------
    This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm.
    --------------------------------------------------------------------------------------------------------------------------------------


  4. #4
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    Default Re: Congestion Charge via hire company

    I agree with this.



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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE