Private parking fine + Car Hire company Admin Fees

[Zoukan]

Hi,

 

A group of us (4 of us) recently hired a car, there where 3 named drivers on the car, although the contract in this case was in my name.

 

We drove to another part of the country and received a parking fine from a Private Parking company, the photos taking show the car entering the premises and exiting, they do not show the drivers face. In this particular case we did not use any of the parking spaces instead we where by the gates of one of the companies which is in the complex whilst we unloaded and loaded some equipment, and we where instructed to park where we did by the business we where unloading and loading too. Further more the actual loading bay was blocked by another vehicle, i wont say what type of vehicle as it would give away too much information, but suffice to say it was one that would not move for prolonged periods of time (days).

 

So with regard to the "invoice" where do i stand given that this was a hire car, which is in my name rather than a normal vehicle. Do the same rules apply as with a normal vehicle.

 

 

The Invoice was issued prior to the 1st of October, however i will change all the dates by the same amountn the next part in an attempt to obfuscate the particulars.

 

 

The contract with the car hire company states that i will pay on demand "A reasonable administration fee for processing any fines or offenses against the Vehicles, you or us during the rental."

 

The phone message for the Violations Department of said company further states that the fee is for "processing the fee in a timely and efficient manner".

 

The fine was issues on say the 8th of September, and the fine issued 5 days later on the 13th. it was then received no later than 5 days later on the 18th of September, i know this as the letter is stamped as such. It was exactly 20 days after they received it that a copy of the original invoice and a cover letter stating i would be charged an admin fee in the region of £35.

I then received the letter the evening prior to the 2nd deadline date for payment (i.e. i had missed the window for the reduced amount). I phoned up the car hire company phoneline in the morning to find out what was going on and found at that despite the fact the invoice was received on the 18th it was sat in an in tray for a further 10 days before being processed, it then took 6 days to process the letter and then sat for a further 4 days before being posted. (why they actually told me this i do not know).

 

Now i have been assured of the following things, The invoice will be issued to me directory (i am waiting on that now), and that the 14 day period for the reduced amount will start from the date they re-issue the invoice.

 

I have also been assured that under the following 2 sets of circumstances i will be refunded the admin fee (yes they have already taken it off my card before i could block the payment)

1) When the fine is re-issued it is re-issued without the reduced rate (they would also refund the difference between the reduced rate and the higher amount).

2) The invoice is revoked by the issuing parking company.

 

This strikes me here as i am basically being presumed "guilty" / liable for the Invoice the parking company has issued me by the car hire company before the issuing parking company has proven anything. It also strikes me as an unreasonable charge of £35 to take a total of 20 days to forward me a letter and also cause me the extra stress of thinking "oh crap i have to pay the fine tomorrow, i wont be able to appeal".

 

So my 2nd question is where do i stand with regard to the admin charge with the car hire company and is it worth fighting that battle or focusing on getting the parking company to drop it and waiting until they do (if they do) to get my £35 back from the car hire company. I would rather (if i have any hope) get my £35 now, even if it means i later have to pay it out of pure principle given the time its taken them to process the invoice and the cheek of presuming i am liable for the parking invoice.

 

 

Thanks for any advice you may be able to give in advance.

[crem]

1 It is not a FINE and never was!

2 The hire company have no right or agreement to process INVOICES on your behalf (which is what it really is)

3 As they should never have paid or processed the INVOICE, it follows they cannot charge an ADMIN fee.

 

4 DEMAND a refund FROM THE CAR HIRE Co of the entire amount paid and charged to your card or proceed with a county court claim using MCOL

[instrumentsofjoy]

Absolutely bang on advice. Do exactly as the poster says.

[Zoukan]

Thank-you for the info you two, Though i would like to clarify at this point all they have done is forward me the invoice + charge me an admin fee, the invoice will be re-issued against me. Does that count as them processing it on my behalf as stated by the original replier? Please forgive the lack knowledge of the exact terminologically, but i'd rather get it correct than say something incorrect and hamper my efforts.

[crem]

Yes, as you had no need, or agreement, for them to take any action on your behalf regarding spureous invoices, then any such action is at their own valition and cost. Demand a refund of the admin.

[vax2002]

Did you use a credit card ? if so report it as a fraudulent transaction, which it is as it falls outside the contractual obligations as it is an invoice, not a fine, only a court can fine