Refuse reimburse car sharing company of a fine?

On 22nd November I am notified via email that a car I rented on the 8th September has received a fine date 9th September, due to "Motorvoertuig parkeren bij blauwe streep terwijl toegestane parkeertijd is verstreken". The company says in the email that they already paid the fine, and ask me to pay them the cost of the fine plus administration costs. Normally it is possible to object such a fine, but only within certain time. For this fine, the last day possible to object was the 21st November. At this point, I have no possibility to object the fine (I was notified just one day after the fine was made). I am not even sure I am responsible for the fine. And ultimately the fine was for having parked in a street where I know (according to the company's app) the car has a parking permit. The company debited via automatic debit the fine, and I rejected the payment. I have tried since the 23rd of November to contact them (via email, the only option) multiple times and got no answer! What should I do next?

Rechtswinkel Info

Student

Eindhoven

547

35 uur

17 december 2023

Based on Dutch law, your potential next steps could include:

1. Review the terms of the rental agreement. Look specifically for clauses related to fines and responsibilities for such matters. Many car rental companies have a clause in their contract stating that the renter is responsible for any traffic violations related to the rented vehicle. It is important to check if the costs of the fine have been calculated in a reasonable way.

2. Gather evidence showing that you did not commit the violation. This could be evidence of where you were at the time of the violation (such as GPS location from your phone), witness statements or photos showing that you were not by the car.

3. Keep all correspondences with the car rental company. These can be useful as evidence if your issue escalates to a legal battle.

4. File a formal complaint with the car company. Include in this letter details about the event, including the date, time, and location of the alleged violation. Also state that you do not agree with the fine and why you believe you were not responsible.

If these actions do not yield results, you may need professional legal assistance. It might be worth getting in touch with a lawyer or legal advisor to help you with this situation. Keep in mind that this is preliminary advice and it would be wise to contact a lawyer or legal advisor.

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