Author Topic: Parking offence whilst using Rental car  (Read 1038 times)

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Parking offence whilst using Rental car
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Hi all.
I have been contacted by Tempest Rental cars via their Fleetworks system to tell me that they have been contacted by APCOA to alert them to a parking offence whilst I was renting their car.
They are wanting me to pay a £50 admin fee with £10 VAT for this inconvenience.

I have found the APCOA offence and it is for overstaying in a TESCO car park - I want to challenge the parking offence as the ticket validation for the TESCO car park run by APCOA was not in service on that day.

What is my first approach here? Obviously I don't want to have to ay a £60 admin fee for a parking ticket that I don't agree with?

I have looked on the form here and on moneysavingexpert - it seems that I need to get the rental company to give my details to APCOA - but I need to challenge the Admin fees as well. Any advice?


Here is the wording of the email from Tempest / Fleetworks.

The charge applied for these offences and/or fines is:


Parking Fine (Assignable, T5) - Admin 50.00
Parking Fine (Assignable, T5) - Fine 0.00
VAT 10.00
Total Charge 60.00
You may still be required to pay any fine.

Where applicable VAT will be charged at 20%. Any fines paid on your behalf will be exempt of VAT. An invoice is available on request. These fees will be documented in the terms and conditions of the hire.

Your signature on the rental agreement will normally provide the rental operator with authorisation to process charges for administration fees for violations incurred during your rental. These charges will normally be applied to your credit/debit card.

What happens next?

Heathrow will attempt to seek payment for the charges from the card used as a security deposit at the start of hire
if the offence is re-assignable then Heathrow will write to the relevant issuer telling them you were the driver and the issuer will normally re-issue the notice directly to you
if the offence is not re-assignable then Heathrow will pay the fine and re-charge you. The fine amount will be shown above.
Please note that we cannot enter into a dialogue about the validity of the ticket. If you feel the ticket was issued incorrectly then please refer to the issuer, not us. If you do have any other questions please refer to the FAQ’s below.





Here is the fine print of the rental agreement that I signed:


I agree that while the rental agreement is in force I will be liable as owner/hirer of the vehicle, or any replacement vehicle, for any fixed penalty offence, penalty charge notice to owner, parking charge notice for that vehicle under s66 Road Traffic offenders Act 1988 Schedule 6 Road Traffic  ACT 1991 Traffic Management Act 2004, Protection of Freedoms Act 2012 and any other relevant legislation.
I also acknowledge that this liability shall extend to any other vehicle let to me under the same hiring agreement and to any period by which the original period of hiring may be extended. I hereby agree to hire the above vehicle on the Terms & Conditions set out herein & overleaf and confirm that if payment hereunder is to be made by credit or charge card my signature below shall constitute authority to debit my nominated credit or charge card company with the total due amount plus any administration charges, extensions or additional charges resulting from this rental.  The hirer and, if I am not the hirer, I consent to my personal information (including name, address, photo and drivers licence details) and information concerning the hirer and the hire of the vehicle under this rental agreement (including details as to payment record, credit worthiness, accidents or claims or theft or damage to the vehicle. delays in vehicle return, threatening or abusive behaviour and any other relevant information) being shared with other vehicle rental companies, suppliers to such companies and the police and other regulatory authorities, insurers and credit reference agencies, for the purposes of crime detection, risk management and assessing whether or not others may wish to hire a vehicle to me.
« Last Edit: September 01, 2025, 10:31:58 am by punkypete77 »

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Re: Parking offence whilst using Rental car
« Reply #1 on: »
I have found the APCOA offence and it is for overstaying in a TESCO car park - I want to challenge the parking offence as the ticket validation for the TESCO car park run by APCOA was not in service on that day.
What do you mean by 'not in service that day'?

What is my first approach here?
You do nothing until a notice addressed to you arrives.  There are very specific requirements for a Notice to Hirer - there's a chance they won't fully comply.

Obviously I don't want to have to ay a £60 admin fee for a parking ticket that I don't agree with?
Unfortunately, the admin fee applies whether you agree with the charge or not.  (Unusually the terms explicitly mention PoFA/parking charges)

Re: Parking offence whilst using Rental car
« Reply #2 on: »
Obviously I don't want to have to ay a £60 admin fee for a parking ticket that I don't agree with?
Unfortunately, the admin fee applies whether you agree with the charge or not.  (Unusually the terms explicitly mention PoFA/parking charges)
The T&Cs we've seen above don't seem to specify how much the admin fee will be. OP, was this specified anywhere at the point of rental? If not, I'd say there's an argument that £60 is disproportionate - an admin fee ought to at least vaguely reflect the actual costs incurred by the hire firm in dealing with the parking charge.

Re: Parking offence whilst using Rental car
« Reply #3 on: »
there was no mention of the amount that an admin fee might be. I also agree that it is disproportionate.

Especially as there are sites out there claiming that by using fleetworks it reduces the amount of time to process a fine to 20 seconds!
https://www.ivech.co.uk/blog/read/Introducing-Fleetworks

Re: Parking offence whilst using Rental car
« Reply #4 on: »

[/quote]
What do you mean by 'not in service that day'?
[/quote]

The actual machine for validating the till slip proving that you have spent over a certain amount at the TESco's - thus giving you free parking - was out of service with a big piece of paper over the front of the machine.



Re: Parking offence whilst using Rental car
« Reply #5 on: »
Obviously I don't want to have to ay a £60 admin fee for a parking ticket that I don't agree with?
Unfortunately, the admin fee applies whether you agree with the charge or not.  (Unusually the terms explicitly mention PoFA/parking charges)
The T&Cs we've seen above don't seem to specify how much the admin fee will be. OP, was this specified anywhere at the point of rental? If not, I'd say there's an argument that £60 is disproportionate - an admin fee ought to at least vaguely reflect the actual costs incurred by the hire firm in dealing with the parking charge.
Agreed - if it wasn't explicitly specified there's a good argument.  I would also agree it's disproportionate.

Quote from: punkypete77
The actual machine for validating the till slip proving that you have spent over a certain amount at the TESco's - thus giving you free parking - was out of service with a big piece of paper over the front of the machine.
Where is this machine?  Is it in the store or at car park exit?  (You can't necessarily assume 'free parking')

(p.s. I'm not advocating paying any of these charges)
« Last Edit: September 01, 2025, 12:01:32 pm by JustLoveCars »

Re: Parking offence whilst using Rental car
« Reply #6 on: »
I think we may be getting too far ahead of ourselves by considering the specifics of the alleged contravention before we've properly established the relevant procedure.

There are essentially two matters at play here:
  • The actual parking charge issued by APCOA
  • The dispute between punkypete77 and the rental company, over their administration fee

Your rental company's email suggests they will tell APCOA that you were the driver. They should not do this - you want them to nominate you as the hirer of the vehicle (which is the correct thing to do, as they don't know if you were driving unless they were in the car at the time... You should contact them and check that this is what they are doing. At this point, APCOA should issue a notice directly to you, which we can advise you on appealing. At the moment, APCOA are pursuing your rental company, so there is nothing for you to do with APCOA at this stage.

Re: Parking offence whilst using Rental car
« Reply #7 on: »
Offer the rental company morons £100 for every occurrence of the words “fine” or “offence”. If they are unable to accept this free offer, then simply cancel the card you used or get your bank to charge back the amount they have debited, as you dispute it.

The hire company cannot say you were the driver because they simply do not know. All they do know is that you are the Hirer and all they have to do is transfer liability to you as the Hirer as specified in PoFA 2012 and they are the off the hook. Once they have done that, you must wait for a Notice to Hirer (NtH) to arrive in your name.

As soon as that arrives come back and we will give you the winning appeal. APCOA are benign and do not do court anyway.

You can write to Tempest with the following:

Quote
Subject: APCOA private parking charge – request to transfer liability & dispute of admin fee

Rental agreement: [Agreement No.] | Vehicle reg: [ABC123] | APCOA ref: [if known] | Hire dates: [dd/mm/yyyy – dd/mm/yyyy]

Dear Tempest Rentals,

I write regarding your message about an APCOA private parking charge issued in respect of the above rental. This is not a criminal “offence” or a statutory “fine”; it is a contractual Parking Charge Notice issued by a private company.

1) Transfer liability under PoFA 2012

Please discharge your duty under Schedule 4 of the Protection of Freedoms Act 2012, paragraphs 13–14, by providing APCOA with the hirer’s details (mine) together with the required hire documents. I do not authorise you to pay this private charge on my behalf. Kindly confirm once liability has been transferred and no further action will be taken by you.

2) Dispute of £60 “admin fee”

Your email describes a “Parking Fine (Assignable, T5)” with a £50 admin fee plus £10 VAT. As this is not a statutory fine, I dispute that the fee is payable under the wording of the rental agreement I signed, which refers to fixed penalties/penalty charge notices and offences.

Accordingly, please:

• Cancel the £60 admin fee, or at minimum place it on hold pending the outcome of APCOA’s process; and

• Provide (a) the precise contractual clause you rely upon for charging an admin fee in respect of private parking invoices, and (b) an itemised VAT invoice (if you maintain the fee is due).

For the avoidance of doubt, any attempt to debit my card for this disputed fee will be challenged.

Please respond in writing within 7 days confirming (i) that liability has been transferred in full compliance with PoFA 2012 and (ii) that no payment will be taken for the disputed “admin fee” unless and until the matter is resolved.

Yours faithfully,

[Full name]
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
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Re: Parking offence whilst using Rental car
« Reply #8 on: »
As noted above, APCOA are generally a benign bunch.

What you want to get ahead of is your hire company doing something daft and trying to make you carry the can for it.

Quote
dispute that the fee is payable under the wording of the rental agreement I signed, which refers to fixed penalties/penalty charge notices and offences.
The wording the OP has shared from his rental agreement does refer to parking charges.

I agree that while the rental agreement is in force I will be liable as owner/hirer of the vehicle, or any replacement vehicle, for any fixed penalty offence, penalty charge notice to owner, parking charge notice for that vehicle under s66 Road Traffic offenders Act 1988 Schedule 6 Road Traffic  ACT 1991 Traffic Management Act 2004, Protection of Freedoms Act 2012 and any other relevant legislation.

What it is seemingly silent on (unless it is specified elsewhere), is how much the 'administration charges' also referred to are. In any event £60 would seem to be entirely disproportionate.
« Last Edit: September 02, 2025, 03:33:50 pm by DWMB2 »