How to dispute a car hire damage charge in the UK

The car went back, the keys were handed in, and a week later an email arrives with a photo of a scratch and a bill. The UK International Consumer Centre says arguments about scratches, dents and other damage are very common, and that you can challenge a charge if the evidence is weak or the repair cost seems unusually high (UKICC).

Here is the order that usually works.

1. Don't pay yet, and read what you signed

A damage bill is a claim. Before you pay, read:

• the rental agreement and the pre-rental inspection report you signed at pick-up;
• the terms about excess, damage waivers and how charges are taken;
• any return receipt or check-in record from drop-off.

Note the dates: when you returned the car, when the damage was supposedly found, and when you were told.

2. Ask for their evidence, in writing

Email the hire company and ask for everything the charge relies on. The BVRLA Rental Code of Conduct says that, to justify a damage charge, a member company will provide all supporting documents, including the pre- and post-rental reports, photographic evidence of the damage and a repair estimate or quote. It also says charges must be assessed in a transparent and proportionate manner (BVRLA Rental Code).

Ask for:

The same code says that if you were not present at the return inspection, the member should tell you about any charges within 10 days, and you must be told before the money is taken from your agreed payment method (BVRLA Rental Code). The code applies to BVRLA members only.

3. Send your own evidence

Compare their photos with yours. If the mark is visible in your pick-up photos, attach those. If the panel is clean in your drop-off photos, attach those too. Add the rental agreement, any return receipt, and screenshots of the booking terms you relied on.

4. Check your excess and any excess cover

The excess is the most you agreed to pay towards damage under the rental agreement. Some people buy the hire company's own excess waiver at the desk. Others buy separate excess insurance before travelling.

The UKICC warns that comparison sites sometimes show waivers as included when they are not, and that the contract with the hire company is the one that counts (UKICC). If you have separate excess insurance, read its claim process and deadline now. Disputing a charge with the hire company and claiming on a policy are different routes, and you may need to keep both open.

5. Unfair terms

The Consumer Rights Act 2015, Part 2, says an unfair term of a consumer contract is not binding on the consumer. A term is unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations to the consumer's detriment (section 62). If a charge relies on a term that seems one-sided, for example a large fixed fee for a minor mark, you can say so in your complaint. Citizens Advice can help you decide whether a term is worth challenging.

6. Make a formal complaint

Use the company's complaints process and ask for a final written response. Keep every email. Most next steps need that final response, so don't let the complaint drift.

7. The BVRLA ADR service

The British Vehicle Rental and Leasing Association runs a free alternative dispute resolution service. According to the BVRLA (ADR FAQs):

• the complaint must relate to a BVRLA member, and the transaction must have taken place in the UK;
• you must have fully exhausted the member's own complaints procedure and received its final written decision;
• you need to contact the BVRLA within 12 months of that final response;
• it aims to resolve complaints within 30 working days;
• members must comply with its rulings, but you don't have to accept the outcome and can still go to court;
• it can order refunds of unjustified charges, but it does not award compensation and is not qualified to judge the repair method or the cost of a repair.

For damage disputes, the BVRLA asks for photos or videos, where possible with the original time and date metadata, and photos taken at pick-up and at drop-off (BVRLA).

8. If the charge is already on your card

Credit card: Section 75. Under section 75 of the Consumer Credit Act 1974, the card provider can be jointly liable with the supplier for a breach of contract or misrepresentation. It applies to a single item with a cash price over £100 and up to £30,000. Citizens Advice says you can't usually use Section 75 if you didn't buy directly from the trader, which can matter if you booked through a broker (Citizens Advice).

Debit card: chargeback. A chargeback is not a legal right. Banks offer it under Visa, Mastercard or similar card scheme rules, and the deadlines are set by the card schemes (UKICC). Ask your bank as soon as the charge appears.

If the card provider says no. Complain to the card provider first. If you are not happy with its final response, you can take the complaint to the Financial Ombudsman Service, which is free. You generally have 6 months from the date of the final response (Financial Ombudsman Service).

9. If you hired abroad

The BVRLA ADR service does not cover hires outside the UK. It says cross-border rentals in Europe may be referred to the European Car Rental Conciliation Service (BVRLA). The UK International Consumer Centre, run by the Chartered Trading Standards Institute, gives free advice to UK consumers with a problem with a trader based abroad (UKICC).

Make the photos count

A hire company and the BVRLA both look at evidence from each side. Phone photos have a date, but one you can change. What helps is a time set by someone other than you, proof the photo has not been edited since, and pick-up and drop-off photos in one place.

That is what Handback adds. You take the photos in the app at pick-up and at drop-off. Each one is fingerprinted with SHA-256 and the fingerprint is timestamped by our server. You send one link, and the hire company, the BVRLA or your card provider can check it without an account. Our rental car inspection checklist lists the shots that cover a car.

Sources

• BVRLA, "ADR (Alternative Dispute Resolution) FAQs". bvrla.co.uk
• BVRLA, "Guidance for Raising a Case". bvrla.co.uk
• BVRLA, "Rental Code of Conduct" (updated January 2020). bvrla.co.uk
• legislation.gov.uk, Consumer Rights Act 2015, section 62. legislation.gov.uk
• legislation.gov.uk, Consumer Credit Act 1974, section 75. legislation.gov.uk
• Citizens Advice, "Getting your money back if you paid by card or PayPal". citizensadvice.org.uk
• Financial Ombudsman Service, "How to complain". financial-ombudsman.org.uk
• UK International Consumer Centre, "Car rental". ukicc.info
• UK International Consumer Centre, "Section 75 and chargebacks". ukicc.info
• UK International Consumer Centre, home page. ukicc.info