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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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We have just received a letter from avis regarding a speeding

Resolved Question:

Hi, we have just received a letter from avis regarding a speeding fine my partner allegedly incurred whilst hiring one of their cars in France. The alleged offence happened back in November 2015 - 7 months ago. The french authorities are now demanding 375 Euros and the documentation provided by Avis shows that the fine as been significantly augmented due to non payment. We had no idea until today that a speeding fine had been issued, therefore had no option to pay whatever the original fee was. Do you have any advice?
Submitted: 8 months ago.
Category: Law
Customer: replied 8 months ago.
We don't actually know what the original fine was. Avis have also charged 50 CHF as an admin fee. They must surely have a duty of care to pass on fines in a timely way?
Expert:  Ash replied 8 months ago.
Hello my name is ***** ***** I will help youDo the terms of hire say anything about their response times? Do you know why Avis delayed?
Customer: replied 8 months ago.
I don't believe so. I have seen many posts on the internet about similar issues and also a law suit in the US against Avis for doing similar.
Customer: replied 8 months ago.
We are horrified that Avis can sit on a fine for 7 months, racking up a bill of 375 euros when it could have been just 45 euros from the French Authorities
Customer: replied 8 months ago.
we also have no idea of the original fine or the speed infringement
Expert:  Ash replied 8 months ago.
Sure. What I would do is pay the bill and then seek to get a refund of the extra amount from Avis.So pay it and then write to Avis and set out your position.You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n001-eng.pdf and take it to your local County Court.The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.Can I clarify anything for you about this today please?Alex
Expert:  Ash replied 8 months ago.
Is that ok? Alex
Customer: replied 8 months ago.
Thanks for your reply. Our problem is also that we have no idea what the original traffic violation was...apart from the fact that my partner was speeding. We don't know by how much, or what the original fine would have been. We also don't know how to pay it. Should we wait until we get some documentation from the French Authorities, we just have a photocopy from Avis, which does not name my partner as the driver and is not addressed to him.
Expert:  Ash replied 8 months ago.
It wont name your partner, because Avis own the car. I would pay it and then claim it back to prevent it from getting more expensive.Does that clarify? Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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