Free Traffic Legal Advice

Hi everyone,

I'm hoping someone with experience of this type of PCN can offer some advice.

I've received a PCN for contravention code 3Lj – Entering and stopping in a box junction when prohibited**, at **Box Junction, Shepherds Bush Road adjacent to 210.



I've never received a box junction PCN before, so I'm a bit confused about the circumstances. As I remember the incident, the traffic was moving and I was moving with it the whole time. I don't recall being stationary for any significant period, so I'm struggling to understand whether even stopping for a second or two would be enough for the council to issue a PCN.

The other complication is that the vehicle was a rental car. Under the rental company's terms and conditions, they have already paid the PCN and charged it back to me, which means I don't appear to have any formal way accessing the video evidence through the normal process.

Does anyone have experience with this specific box junction location or this type of contravention? Also, is there any way for me to view the CCTV footage after the rental company has already paid the PCN? If anyone knows of a link or process that might allow me to check the video evidence, I'd be very grateful.

Thanks in advance for any help or advice.

Thank you for your reply and totally agree with the comment. It's just been very hard renting a pco car with flexibility.

The reply I received when I got this PCN was:

Dear xxxx,
 
Following your reservation, we have been contacted by the local authority regarding a fine that was picked up during your rental.
 
Please find the relevant fine attached.
 
One of the conditions of rental is that if Hertz TNC is required to pay and/or process road tolls, fines, charges, or associated costs, we will charge you with the amount we are required to pay plus an administration charge for doing so. By accepting our terms and conditions have given us permission to deduct and such charges from your supplied method of payment.
 
Additional charges that you will be responsible for,
 
d. If we are required to process any accident claims, road fines, parking fines or any other fines relating to the time the vehicle was in your possession or left parked after your rental, prior to the vehicle being rented out again, you will be charged an administration charge for dealing with it. You will also be responsible for paying any fines.
 
e. By agreeing to these terms and conditions, you authorise us to deduct all charges from your credit or Visa debit card."
Please find attached copy of the fine, if payment is successful then you will see the invoice marked as paid, if not then payment needs to be made. Please contact us to make payment.
 
If you do not agree to this fine, please reply to this email FinesTNC@hertz.com and we will be happy to assist or advise on next steps. Please DO NOT go via the chat app to discuss this fine as it’s a separate team dealing with the traffic violations.
 
Yours sincerely,
 
Hertz TNC Member Care Centre

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I did reply and said:

Dear Hertz Team,

Thank you for your email.

I would like to inform you that I am currently challenging the Penalty Charge Notice (PCN) with the issuing authority. Once I have received the outcome of the appeal and, if successful, confirmation that the PCN has been overturned, I will provide you with the relevant documentation and update you accordingly.

In the meantime, I would appreciate it if you could note that the PCN is under formal appeal.

Thank you for your understanding. I will be in touch as soon as I receive the appeal decision.

Kind regards,
xxx xxxx

Thank you for your reply. I just don't understand why they haven't transferred the liability to the driver. I have had fines before and they had given me the opportunity to appeal and refund me the fine minus the admin fee.

I am planning to send this to Hertz:

Dear Customer Relations Team,

I am writing to make a formal complaint regarding the Penalty Charge Notice issued by the London Borough of Hammersmith & Fulham in relation to my recent vehicle rental.
I understand and accept that, under the terms of the rental agreement, I am responsible for any valid traffic penalties incurred during my rental period. However, I am concerned by the manner in which this PCN was handled.

The PCN was issued to Hertz as the registered keeper of the vehicle. As I understand it, hire companies have the option of making representations to the issuing authority that the vehicle was on hire at the relevant time and providing the required hire documentation. This would allow liability to be transferred to the hirer, who would then have the opportunity to review the evidence and, where appropriate, exercise their statutory right to challenge the PCN.

Instead, Hertz chose to pay the PCN directly and subsequently recharge me. As a result, I was denied any opportunity to review the CCTV evidence, assess whether the alleged contravention had occurred, or exercise any appeal rights that would otherwise have been available had liability been transferred to me.

While I appreciate that Hertz may rely on its terms and conditions to recover the cost of penalties, I believe it is unfair that a decision was made to settle the matter without first giving me the opportunity to respond to the allegation or challenge the PCN through the normal statutory process.
I would therefore be grateful if Hertz could:
1.   Explain why liability was not transferred to me as the hirer.
2.   Provide a copy of the full CCTV evidence and any correspondence exchanged with the council regarding this PCN.
3.   Review this matter and consider reimbursing the charge, or alternatively provide a goodwill gesture in recognition of the fact that I was deprived of any opportunity to contest the allegation.

I look forward to receiving your response and a full explanation of Hertz's handling of this matter.

Yours faithfully,
XXx xxxx