So, now that you've pointed out what you consider to be an error or mistake, what do YOU propose that the OP should do?
Well, this is a bit damning for Hertz:
FINES, TOLLS AND OTHER CHARGES
You are responsible for all fines, road tolls, congestion charges and other similar charges (including parking fines or charges) incurred in relation to the vehicle during your rental. Some of these will be sent to us for payment, which we will pay and recover from you by way of reimbursement. Alternatively, we may be required to provide your details to the relevant authority or other third party, who will contact you directly.
Section 16:
By signing this rental agreement 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, 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.
The mention of both "parking charge notices" and the Protection of Freedoms Act (PoFA) in Section 16 of the agreement makes a significant difference. Here’s how it affects the situation:
PoFA Requirements:
Since Section 16 refers to both parking charge notices and PoFA, it acknowledges that Hertz must handle such notices in compliance with the Protection of Freedoms Act 2012. Under PoFA paragraph 13, if a parking charge notice is issued by a private parking company, Hertz has the option to transfer liability to the hirer (you), allowing you to take responsibility for the notice and, crucially, to appeal if necessary.
Failure to Follow PoFA:
Despite this reference to PoFA, Hertz did not follow the correct legal process outlined in PoFA paragraph 13. Instead of transferring liability to you as the hirer, which would have been the appropriate course of action, they directly paid the charge. This payment means that liability was admitted, effectively removing your ability to contest the charge or appeal it through proper channels.
Contractual Obligations Under PoFA:
By failing to comply with PoFA, Hertz has breached its own rental agreement. The agreement refers to PoFA, which outlines a clear legal mechanism for transferring liability in cases involving private parking charge notices. Hertz should have relied on this mechanism to transfer liability to you, rather than pay the charge themselves and then pass the cost on to you without giving you the chance to contest the charge.
No Obligation to Pay Immediately:
PoFA does not require Hertz to pay a private PCN immediately upon receiving it. Instead, they should have passed the notice to you, allowing you to respond or appeal within the 28-day period specified under PoFA. By paying the PCN directly, Hertz has deprived you of your legal rights under this Act.
Key Argument:
Since Hertz acknowledged PoFA in the agreement but failed to follow its procedures, they have breached both their contractual obligations and your legal rights under PoFA. Their payment of the PCN without transferring liability is a direct violation of the Act, and this action should never have taken place.
Here is a slightly amended version of the response you should be sending to Nisola:
Dear Nisola,
Your recent response regarding the payment of a private parking charge notice (PCN) demonstrates a severe misunderstanding of both the nature of the charge and Hertz’s contractual obligations under the hire agreement. I am truly astounded by Hertz’s total failure to comprehend the basic legal framework surrounding PCNs issued by private parking companies.
Let me clarify: a PCN issued by a private parking company is not a "fine" or "penalty" in any legal sense. It is an invoice for an alleged breach of contract. There is no "offence" involved, no "law" has been broken, and no statutory authority is involved. By paying this speculative invoice on my behalf, Hertz has accepted liability for a matter in which no liability existed on my part, and in doing so, has forfeited my right to appeal.
All Hertz had to do was transfer liability to me, the hirer, as required under PoFA paragraph 13. This simple action would have been the end of the matter as far as Hertz was concerned. Instead of following this straightforward process, you chose to pay the charge directly, removing my ability to appeal. This is a clear failure on Hertz’s part to comply with both PoFA and your own rental agreement.
Section 16 of your agreement explicitly mentions both "parking charge notices" and the Protection of Freedoms Act (PoFA). This clearly indicates that Hertz is aware of the requirements under PoFA, including the obligation to transfer liability to the hirer in the event of a private parking charge. By failing to transfer liability, Hertz has breached both the agreement and PoFA itself.
The nonsensical paragraph in your response is particularly infuriating: "Furthermore, to be a fair vendor, we send the fines across to you as soon as we get them so that you can appeal. You will be refunded for each appeal you win. So, anytime we send a fine you do not agree with, let us know and we will send you the appeal document. Unfortunately, we have to go through the process of sending the fines to you and you request for an appeal because we can't appeal on your behalf as you are the driver. We wouldn’t know what you were doing in the location where the driving law was broken."
This statement shows an utter lack of understanding. No "driving law" has been broken, no "fine" was issued, and Hertz had no obligation to pay a private parking invoice on my behalf. All you had to do was transfer the liability, which is both the legal requirement and the appropriate action under PoFA.
Furthermore, the British Vehicle Rental and Leasing Association (BVRLA) guidelines clearly distinguish between private parking charges and statutory penalties or fines. Your decision to pay this charge without transferring liability to me as the hirer is in direct contravention of these guidelines, further highlighting Hertz’s negligence in this matter.
Additionally, this action breaches the Consumer Rights Act (CRA) 2015. As mentioned previously, Section 62 prohibits terms that put consumers at an unfair disadvantage, and Section 57 prevents me from bearing costs I am not liable for under the agreement. You have extended the scope of the agreement beyond what was contractually agreed, and I am now holding Hertz liable for the money you have wrongfully charged me.
If you are still unable to comprehend the seriousness of this issue, I suggest you escalate this matter to your superiors or, if necessary, directly to Hertz's legal advisors. I will not hesitate to initiate litigation to recover the funds you have unlawfully taken from me, as well as any additional costs incurred.
This is my final request for a full refund of the amount Hertz wrongly paid on my behalf. I also demand that Hertz conduct an internal review to ensure this incompetence does not continue to affect other customers.
I expect a prompt and appropriate response.
Yours sincerely,
Thank you so much. I will send your reply to Hertz and report back if and when I get a reply.
Here is a suggested response, subject to us seeing the applicable section of the Hire Agreement as mentioned above:
Dear Nisola,
Your recent response regarding the payment of a private parking charge notice (PCN) highlights a severe misunderstanding of the nature of the charge, and I am astonished by Hertz’s complete failure to grasp the fundamental differences between a PCN and a statutory fine or penalty issued for an offence by a local authority.
Let me be unequivocally clear: a PCN issued by a private parking company is not a "fine" or "penalty" in any legal sense. It is an invoice for an alleged breach of contract. There is no "offence" involved, no "law" has been broken, and no statutory authority is involved. By paying this speculative invoice on my behalf, Hertz has effectively accepted liability for a matter in which no liability existed on my part, and in doing so, has forfeited my right to appeal.
All Hertz had to do was transfer liability to me, the hirer, as required under PoFA paragraph 13(2). This simple action would have been the end of the matter as far as Hertz was concerned. Yet, instead of following this straightforward process, you have chosen to pay the charge directly, thereby making Hertz liable and eliminating any chance of appeal. This is a clear failure on Hertz’s part to comply with well-established legal procedures for handling private parking charges.
The utter nonsense in your response, particularly the following paragraph, is both infuriating and demonstrates a complete lack of understanding:
"Furthermore, to be a fair vendor, we send the fines across to you as soon as we get them so that you can appeal. You will be refunded for each appeal you win. So, anytime we send a fine you do not agree with, let us know and we will send you the appeal document. Unfortunately, we have to go through the process of sending the fines to you and you request for an appeal because we can't appeal on your behalf as you are the driver. W.e wouldn't know what you were doing in the location where the driving law was broken."
This statement is not only completely irrelevant but also demonstrates a shocking level of ignorance about the nature of a PCN. There is no "driving law" involved, no "offence" was committed, and a PCN is not a statutory fine. The process described is utterly unnecessary and has caused needless confusion. All you had to do was transfer liability under PoFA, and this nonsense could have been avoided.
I would also like to remind you that the British Vehicle Rental and Leasing Association (BVRLA) guidelines clearly distinguish between private parking charges and statutory penalties or fines. These guidelines state that parking charges are private matters, not enforceable by statutory authorities, and therefore should not be treated in the same way as fines or penalties. Your decision to pay this charge without transferring liability to me as the hirer is in direct contravention of these guidelines, further highlighting Hertz’s negligence in this matter.
Additionally, this action breaches the Consumer Rights Act (CRA) 2015. As mentioned previously, Section 62 prohibits terms that put consumers at an unfair disadvantage, and Section 57 prevents me from bearing costs I am not liable for under the agreement. You have extended the scope of the agreement beyond what was contractually agreed, and I am now holding Hertz liable for the money you have wrongfully charged me.
If you are still unable to comprehend the seriousness of this issue, I suggest you escalate this matter to your superiors or, if necessary, directly to Hertz's legal advisors. I will not hesitate to initiate litigation to recover the funds you have unlawfully taken from me, as well as any additional costs incurred.
This is my final request for a full refund of the amount Hertz wrongly paid on my behalf. I also demand that Hertz conduct an internal review to ensure this incompetence does not continue to affect other customers.
I expect a prompt and appropriate response.
Yours sincerely,
Thank you so much once again for this really amazing reply to Hertz. It was really appreciated and really well put together.
I have got a reply form Hertz but I have questions:
Dear xxxx,
Thank you for contacting Hertz TNC.
We understand how you feel, and we are working very hard to transfer the fines' liability to the driver.
Your opinion and satisfaction mean a lot to us, and we are working to fulfill them.
I have processed your refund. Please, let me know if/when you have gotten it.
Please, let us know if you need further assistance.
Kind regards,
NisolaWhen they say they are processing the refund, I am assuming that is the whole 8 fines totally £800? Should I reply asking them to clarify what refund they are giving back?
The wording suggests it should hit your bank imminently, so perhaps wait a few days to see what you receive.
You've got to love "...gotten it." 
Thank you everyone. I will keep you updated and will let you know when I "gotten" whole of my refund
You've got to love "...gotten it."
Rental Agreement:
https://beige-gelya-23.tiiny.site/This is the email I wrote to Hertz and attached PDFs:
Dear Hertz,
I hope this message finds you well. I am writing to inform you that I have compiled a complete and detailed list of all fines accumulated during my recent rental period. Please find the list attached for your review and a complete breakdown below:
7 Fines from APCOA:
APCOA
1ST September 2024
HF 1169 3881
AOCOA
4TH September 2024
HF11641298
APCOA
10TH September 2024
HF11693881
AOCOA
18 August 2024
HF 1153 277A
AOCOA
17th August 2024
HF 1152 998A
APCOA
26th August 2024
HF11529984
AOCOA
26 August 2024
HF 1164 1298
===============================================================
1 Fine from Hammersmith And Fulham Council
Hammersmith And Fulham Council
28 August 2024
HZ8435138A
===============================================================
8 Fines from MET Services Parking
MET Services Parking
Date of Convention: 11th August 2024
AB30120109
MET Services Parking
Date of Convention: 13th August 2024
AB30131882
MET Services Parking
Date of Convention: 14th August 2024
AB30140958
MET Services Parking
Date of Convention: 16th August 2024
AB30153134
MET Services Parking
Date of Convention: 17th August 2024
AB30161905
MET Services Parking
Date of Convention: 18th August 2024
AB30169205
MET Services Parking
Date of Convention: 19th August 2024
AB30179196
MET Services Parking
Date of Convention: 24th August 2024
AB30314058
===============================================================
I have accumulated 16 Fines only received the sum of £545. That is well below what I legally should have received. You have charged me an admin fee to every fine which I never had to chance to appeal. Hertz has charged me £95 for every single fine.
That is 16 fines at £95 each the total refund of £1520 has not been met.
10 Sep
£150
27 Sep
£95
£75
03 October
£75
£75
£75
If you are still unable to comprehend the seriousness of this issue, I suggest you escalate this matter to your superiors or, if necessary, directly to Hertz's legal advisors. I will not hesitate to initiate litigation to recover the funds you have unlawfully taken from me, as well as any additional costs incurred.
This is my final request for a full refund of the amount Hertz wrongly paid on my behalf. I also demand that Hertz conduct an internal review to ensure this incompetence does not continue to affect other customers.
I expect a prompt and appropriate response.
Yours sincerely,
xxxx xxxxI got a reply from Hertz from Laura Morgan, Operations Accountant Manager:
Dear Mr xxxx,
Thank you for your email, this has been passed to myself to review.
Please find attached the rental agreement for your PCO vehicle with us. We would like to highlight the relevant terms with regards to the traffic offences process.
Please refer to point 16
“By signing this rental agreement 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, 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”
Page 8
“FINES, TOLLS, AND OTHER CHARGES You are responsible for all fines, road tolls, congestion charges and other similar charges (including parking fines or charges) incurred in relation to the vehicle during your rental. Some of these will be sent to us for payment, which we will pay and recover from you by way of reimbursement. Alternatively, we may be required to provide your details to the relevant authority or other third party, who will contact you directly. Where we pass your details to a third party this will be in accordance with our Privacy Policy.”
As we are a hire firm, we have the choice to either pay the offence or transfer the liability as per the statement in page 8 we pay our fines. This does not prevent you from appealing the ticket once it has been paid, as we supply you with a letter of authority from us to which you can then discuss the offence with the authority who send us the original ticket.
The rental agreement also allows us to remove funds accordingly as the first paragraph states
“By signing the Rental Agreement, you expressly accept all of the terms and conditions contained in this document and the Rental Terms. You expressly authorise us to securely store your payment card details and use them for charges incurred in connection with this rental, including any requested extension, without further authorisation from you.”
Please note our process is automated and our car control team pay all fines, and this is system driven therefore at this moment in time this process is unable to change. However, this process will be reviewed in due course.
I have reviewed the refunds, and I can see that we have billed and refunded the following:
9 fines @ £95.00 = £855.00 (Please note some of these fines were refunded yesterday therefore is within the banking process)
4 fines @ £75.00 = £300.00 (Please note some of these fines were refunded yesterday therefore is within the banking process)
1 fine @ £39.37 = £39.37
Total refund = £1194.37
There is only one fine which is left as not refunded on our system with is from Fulham council – please can you advise the outcome of this appeal.
We hope this resolves your query.
Many Thanks
Laura Morgan
Operations Accountant Manager
Tel 01895 553520
Web: www.hertz.com
Email: laura.morgan@hertz.comI honestly think she completely doesn't understand the whole point of these chain of emails.
There is only one fine which is left as not refunded on our system with is from Fulham council – please can you advise the outcome of this appeal. How can I tell her the outcome of an appeal if the process is taken away from me? Your really eloquent email reply made sense and made a very compelling case.
I have accumulated 16 Fines only received the sum of £545. Hertz has charged me £95 for every single fine.
That is 16 fines - £60 for the Fine and £29.17 for Admin Fee + £5.83 VAT = £95
The total refund of £1520.
Could you please advise what I can say to her?
So, you have 1 "penalty" for an "offence" from a council and 15 invoices from unregulated private companies. I really don't know why you are still referring to the as "fines" as it only serves to solidify Hertz's own lack of understanding.
How could you accumulate so many parking charges over such a short period of time?
This bit is crucial in the response you received:
Some of these will be sent to us for payment, which we will pay and recover from you by way of reimbursement. Alternatively, we may be required to provide your details to the relevant authority or other third party, who will contact you directly. Where we pass your details to a third party this will be in accordance with our Privacy Policy.
All the parking charges (PCNs) should have had liability transferred to you by Hertz according to PoFA section 13. Once that had been done, there would be no more liability to Hertz and it would have been up to the PPC to issue you with an NtH and you could have dealt with it.
If Hertz paid any of the NtKs (PCNs) they received from APCOA or MET, then they have breached the CRA. There was simply no reason for them to do so and if they did, they removed any possibility of you appealing the PCN.
As for the Admin charges, that is between you and Hertz.
I note in the most recent email you have shared from Hertz, they say that some payments may still be on the way to you. With this in mind, it may be sensible to wait a few days, then work out exactly how much you have received back, then compare this with how much Hertz say they have refunded you, and how much you believe you are due.
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