Hire Car / Rental Vehicle Toll Liability
Where a vehicle is rented from a car hire company, the registered keeper is the rental company - not the driver. Hire companies typically pass tolls to the renter via an admin charge. However, an Unpaid Toll Notice initially issued to the rental company should not appear on the renter's record unless the rental company nominates the renter. Where TII pursues the renter directly without nomination, the procedure is irregular. Equally, hire-company admin fees on top of the toll are sometimes unenforceable as unfair contract terms under Part 6 of the Consumer Rights Act 2022: a term requiring a consumer who fails to fulfil an obligation to pay a disproportionately high sum in compensation is presumed unfair (Schedule 5 Part 1 paragraph 5), and an unfair term is not binding on the consumer (s.129(1)).
Legal basis
M50 Toll Bye-Laws; Consumer Rights Act 2022 (No. 37 of 2022) Part 6, ss.129-130 and Schedule 5 (unfair terms in consumer contracts; in force 29 November 2022). The European Communities (Unfair Terms in Consumer Contracts) Regulations 1995 (S.I. 27/1995) are NOT relied on: they were revoked in whole by CRA 2022 s.8 and Schedule 1 Part 2, and under s.9(4) continue to govern only contracts concluded before 29 November 2022.
How to identify this in your case
Hire agreement showing renter; rental period covering the journey date; admin fee on top of toll.
Sample appeal wording
Sample wording to adapt and send yourself — it may not fit your notice or the stage you are at. Replace the bracketed prompts with your own details; leave any case citation as it is.
To: eFlow / TII / [Rental Company] Re: Unpaid Toll Notice [NUMBER] Vehicle: [REG] Journey: [DATE] The vehicle was rented from [RENTAL COMPANY] under agreement [REF] from [START DATE] to [END DATE]. 1. The registered keeper is [RENTAL COMPANY], not me. Any toll notice should be served on them. 2. Liability for the toll, if any, depends on the terms of the rental contract. Any admin fee charged on top of the toll is challenged as an unfair contract term under Part 6 of the Consumer Rights Act 2022, unless it is reasonably justified by genuine cost. A term requiring a consumer who fails to fulfil his or her obligations under the contract to pay a disproportionately high sum in compensation is presumed unfair (Schedule 5 Part 1 paragraph 5), and an unfair term is not binding on the consumer (s.129(1)). 3. I require: (a) Confirmation any direct demand on me is withdrawn; (b) Itemised breakdown of toll vs admin fee; (c) Justification of any admin fee. Yours faithfully, [NAME]
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