This matter appeared before His Honour District Judge Wells at Laganside on 23rd September 2011. The claim had arisen as the result of a road traffic accident. Liability had been accepted by the Defendant and the matter was contested only in relation to credit hire charges.
The Plaintiff had been provided with a prestige hire car from Accident Exchange for a period of 32 days whilst their own equivalent vehicle was being repaired. Accident Exchange calculated the hire at £7,776.66 being comprised of 32 days at the daily hire rate of £141.00 together with additional daily charges of £7.17 in respect of a “non-standard driver charge”, £20.00 in respect of “basic excess waiver”, £30.00 in respect of “residual excess waiver” and £10.00 in respect of “windscreen, tyres and under body waiver” together with a single delivery and collection charge of £100.00 and vat at 15%.
Prior to the commencement of proceedings the Defendant’s insurers had forwarded payment in respect of 31 days at £141.00 together with an administration fee and vat totalling £5040.00 and therefore the Plaintiff’s claim was in respect of the balance.
It had been the Defendant’s position throughout proceedings that Accident Exchange had failed to adequately vouch the additional charges or provide any explanation as to the level and reason for the charges. On the date of the hearing Accident Exchange agreed the hire duration at 31 days and the case proceeded before His Honour District Judge Wells on the issue of the additional charges applied.
At hearing Counsel for the Plaintiff stated that the “non standard driver charge” applied where the client had been involved in previous accidents within the last 3 years however there was no explanation or documentation provided on behalf of the Plaintiff in relation to the remaining charges.
District Judge Wells awarded a decree in the sum of £357.64 stating that he was going to allow the non standard driver charge of £229.44 together with delivery and collection and vat. There was no award made in respect of the waivers and District Judge Wells clearly found them to be unfounded and excessive.