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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am hoping you can help me. I am currently leasing

Resolved Question:

Hello,
I am hoping you can help me.
I am currently leasing a vehicle from 'Royal Luxury Cars' - this is a private personal lease.
On Friday (5th June) I received a text message from a partner of the company with a demand of £4264.73 by tomorrow June 10th - this amount is apparently from 17 toll charges. Clearly this is a huge amount for a €3 toll charge in Rep. of Ireland. Previously, I had hired a car from another company and when I passed through this toll I would receive a letter to my address to pay the €3. However, this company has failed to register me as the registered keeper and they received all the correspondence in regards ***** ***** toll charges and let them build up to the maximum penalty amount of €150 per toll and the rest is amounting to their own "admin fees". I tried to dispute this with the partner of the company who said the companies did contact me but I have spoke to the toll agency who have said they didn't have my details on file to be able to contact me. I feel this is really unfair, they have given me 4 days notice to pay this amount of money, given they failed to notify me of any letters they received and allowed them to build up. Can you please advise me of my rights? Were they meant to register me as the registered owner or at least notifiy me when they received the first letter from this toll company?
I look forward to hearing from you soon as I am very worried about this.
Kind regards,
Debbie Lawlor
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Have they provided you with a breakdown please?
Customer: replied 2 years ago.

Not a financial one - just a breakdown of penalty notice numbers. I have contacted EFlow the toll company who has informed me the maximum penalty for each toll is 150Euro. Even at 150 Euro it is only a fraction of the costs demanded

Expert:  Ash replied 2 years ago.
Does the agreement say they can charge admin fees for tolls etc?
Customer: replied 2 years ago.

Yes, it says £50. But should they not have contacted me when they first received the notice of 6euro rather than let it build up to 150euro for each toll?

Expert:  Ash replied 2 years ago.
And of course you are saying they could have done, to mitigate a loss?
Customer: replied 2 years ago.

I've only become aware of the late fees, toll charges etc on saturday when I received the text message - nothing through post, email or otherwise

Expert:  Ash replied 2 years ago.
Ok. You can only pay what you feel is owed. They have not told you of the fees and therefore failed to mitigate. If you refuse to pay then they can take you to a small claims Court.
You can defend it on the basis whilst you accept the breach they have failed to mitigate their loss, ie minimise it.
On that basis you would succeed. Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

They are threatening to have the car uplifted if I don't pay the full amount tomorrow, do I have any rights in regards ***** *****?

Expert:  Ash replied 2 years ago.
They need a Court order - they cant just come and take it.
Alex
Ash and 3 other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex