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Messages - Silent9173

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  Thank you for that it was very clear and I'm glad I came here now, I will wait and see if I receive any legal claim letter from Hertz and after reading your reply I feel more confident in having a go and fighting it in court.

Thank you again and I will keep this topic updated accordingly of any letters or emails I receive from either Hertz or EOS Debt recovery.

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Which part? The system in Scotland is different to England & Wales, as is Northern Ireland.
.


England.

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Also if it is relevant I'd like to add the correspondence of what I have said to the other parties.



This is MY appeal to Group Nexus which ended up getting the amount owed down to £0.00:

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This is an appeal by the Hirer - No driver details will be given. Please do NOT try the usual Group Nexus trick of asking for driver details in order to get around the fact your NtH does not comply with PoFA. As there is no Hirer liability, therefore, liability cannot flow from the driver to the Hirer and so, is an automatic win at POPLA. Please cancel the notice or issue a POPLA code at which point you will auto withdraw.



Here is my FIRST appeal/argument to Hertz UK regarding the administration fee:

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Hello, I am being contacted by a debt collection agency on behalf of Hertz UK Ltd regarding an administration fee for an invalid and cancelled parking charge notice.  This parking charge has since been cancelled by the issuing company, I have attached a screenshot of the payment page showing the cancelled parking charge.  As per your terms and conditions of rental the hirer will only be liable for parking fines and charges that they actually incur, as no charge was incurred  in this instance and no violation committed by the hirer there should be no liability for any administration costs on the hirers behalf in this instance

Simply transferring liability (filling in a slip or sending a template reply to parking firms) does not cost Hertz anywhere near £42.00. The amount is a disproportionate unexpected financial burden - whether the PCN was later cancelled or not, the term also fails the test of 'prominence' which is mandatory in the Consumer Rights Act 2015.

As such, the £42.00 charge term was not agreed and is unfair on at least two counts. Unfair terms are unrecoverable. Further, professional debt recovery firms will know from the FCA CONC rule 7 'Disputed Debt' (required to be followed by CSA members) states that:

"A firm must suspend any steps it takes or its agent takes in the recovery of a debt from a customer where the customer disputes the debt on valid grounds or what may be valid grounds."



Here is my SECOND appeal/argument to Hertz UK regarding the administration fee:

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I have not heard anything regarding this case, I was incorrectly issued a parking invoice which triggered an administration fee from Hertz, as the parking invoice was cancelled by the issuer so should the administration fee have been as I, the hirer (**********) did not incur any charge and further chasing of any administration fee in relation to said charge would be a breach of my terms and conditions with Hertz.  I have since been contacted by a debt collection agency so it appears that although no charge was incurred by myself, Hertz have decided to escalate this by means of debt recovery.  Please do enlighten me if I as a hirer were to have a bogus parking charge invoice issued during my rental on what grounds does Hertz have to collect an administration fee if no traffic infringement ever occurred and no genuine parking charge ever issued.

I have supplied with this email a screenshot which clearly shows that the parking charge invoice has been cancelled by the issuing company due to it being issued in error.

4
We will need to see the terms of your rental agreement to advise on your legal position regarding it.

Which country are you resident in?

Hello I'm in the UK, I believe these are my rental terms and conditions:

https://images.hertz.com/pdfs/RT_FULL_GB_EN.pdf

Thanks..

5

Hello everyone I was looking for a bit of advice as to whether I should simply cough up and pay this charge I'm about to explain or whether I should keep fighting on.


So in August 2024 I hired a vehicle from Hertz rental, a few weeks later I received notification in email form that I had committed a 'traffic violation' during my period of rental and that I would soon receive a parking charge notice from 'the relevant authority', the exact words are as follows:



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Rental Agreement Number: ---------
Vehicle Registration: -------
Reference: -------------
Date/Time: --/--/---- --:--
Authority Name: GroupNexus Appeals Dept
Document Type: Parking Charge Notice

We are writing to you because during your rental in the UK, we were informed by the authorities that a traffic violation or parking offence was committed while you were using our rental vehicle.

In accordance with our rental conditions and applicable legislation, you are responsible for all such charges incurred in relation to the vehicle during your rental.

We have provided your contact details to the relevant authority, to transfer liability to you for this fine. The authority will contact your directly to recover payment for this fine. In addition we have applied our standard administration fee of £ 42.00 for the processing of this violation.

A copy of the fine is attached for your information (unless it is a speeding fine, which legally must be provided directly to you by the relevant police authority).

The authority will contact you directly in due course.

Sincerely ,
On behalf of
---- (UK) Limited


-  NTK 'reminder' issued: 30/09/2024
-  Date of alleged contravention:  Late August
[/i]


I then waited for the Notice to Keeper (NTK) which arrived after about a week or so, when the NTK arrived I decided to appeal my case (as hirer from the drop-down menu on the online appeals page), after another week I received the following response from the parking company (Group Nexus Ltd):

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Received on Mon 2nd Dec 2024.
Dear Sir/Madam, Thank you for your correspondence relating to your Parking Charge.0000 The representations stated in your correspondence have been noted and considered. Please forward to us the full name and address of the driver at the time this charge was incurred so that we can update our records accordingly. Also, in light of your claims, we are prepared to reconsider your appeal should we receive evidence of your custom at the site on the date in question. However, until such time as this evidence is received this Charge will continue to remain outstanding. We are placing this Charge on hold for 14 days from the date of this letter to allow time for the documentation requested to be received. Yours faithfully, CP Plus Ltd



I decided to leave it alone and a couple of months passed where I didn't hear anything, I then checked the PCN on their website by typing in the PCN number to which it stated that the amount owing was £0:00.


So it seems the PCN from the parking company had been cancelled.  Great!  That was now off my back.


However, just under a month after this I started to receive debt collector letters regarding an outstanding balance of £42.00 which I apparently owe to Hertz UK which amounts to the 'administration costs' of processing the PCN, I have been back and forth with Hertz and had no reply whatsoever from them, I sent a screen shot of the cancelled zero amount owing to the debt collection agency and to Hertz however it seems they are still after their money and are now threatening legal proceedings if I do not pay up.


I'm wondering whether (1) I should just pay this amount and get this whole saga done and dusted or (2) fight this even though I may risk being taken to court as they have told me I would then be liable for their legal costs which is quite frightening, my real gripe is if the PCN was bogus and subsequently cancelled why should I have to pay the £42.00 administration charge to the rental company?


So I'm really at a loose end as to what to do here, I'm thinking on the one hand it's not a massive sum £42.00 but then I also feel a sense of injustice like I'm paying for someone elses mistake.


I would appreciate any help, thank you.

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