Automotive

Photo radar ticket with rental car - Budget paid it off without letting us know

  • Last Updated:
  • Sep 11th, 2011 4:46 pm
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Deal Addict
Oct 9, 2003
2788 posts
390 upvotes
Vancouver

Photo radar ticket with rental car - Budget paid it off without letting us know

So we rented a van on a ski trip back in April and got dinged with a photo radar ticket in Montreal. We didn't get notification of this infraction until the rental car company (Budget) contacted us to let us know we owe $1XX.XX amount. They never showed us the actual ticket until we requested it.

We decided we wanted to dispute the ticket in court and let Budget know. But they told us we can't because they've already paid for the ticket and we have to pay them back now. Is this within the rental contract or their rights? I know any speeding tickets are our responsibility, but I thought we had the option to decide what we want to do (whether to dispute or pay it off).

Wondering if anyone had previous experiences with a situation like that.
9 replies
Deal Expert
Aug 2, 2001
15932 posts
6118 upvotes
When I have signed rental agreements the agents have verbally told me that I am responsible for all photo radar tickets (we have a lot of photo radar in Alberta, as well as unmanned radar at the lights to catch speeders/red light runners). There is something I initial to indicate I accept that, and that I am being charged an administrative fee for each ticket.

I've never read through it closely, however I'm sure it mentions that you pay the ticket + administrative fee and there is no option to fight it.
Deal Fanatic
Apr 11, 2006
6885 posts
2145 upvotes
Mississauga
The only time you can fight a ticket is if you were present when the ticket is issued (as in police officer issuing you a ticket for speeding, etc.) and you choose to deal with it yourself. Otherwise, it's standard with all rental companies, if the charge for any ticket goes back to them, they are going to pay it right away, and the person that rented the vehicle must pay the rental company back that amount.

Makes total sense.
Deal Addict
User avatar
Mar 18, 2004
2772 posts
53 upvotes
The photo radar ticket is not charged to you, it's charged to the plate owner. So how can you fight the ticket? The owner of the car decided to pay, and you are on the hook because of the rental aggreement.
Member
User avatar
Apr 5, 2006
434 posts
23 upvotes
Toronto
I experienced different situation than what everyone else is saying.

Back in 2008 I received a letter from Budget informing me of my options.


Thank you for your recent rental in Winnipeg blah blah blah.

On January 7, 2003, the City of Winnipeg instituted their Red Light/Photo Radar camera system within the city limits. It has been noted that the vehicle you rented received a photo radar ticket; a copy in enclosed. This ticket, was issued by the City of Winnipeg on 21 SEPTEMBER 2008 at 1611. In accordance with the terms and conditions of the signed rental agreement you are responsible for any tickets acquired during your time of rental. This letter is to inform you of the options that are presently available to you:
1. Voluntary payment option....
2. Plead Gulity before a Justice (guilty with explanation). You must appear in person with this letter (If you reside outside Winnipeg or Manitoba you can submit written correspondence regarding the offence, along with the reason noted for your inability to appear before a Justice. The Court will respond by regular mail.)
3. To enter plea of NOT GUILTY, you can appear in person or make a request by mail...

In receiving this letter, we require your immediate attention. Please note that the due date of the ticket has been extended to FEBRUARY 16, 2009 and it is essential that you take action on this matter before this date. Failure to do so will result in the cost of the ticket being charged to the credit card submitted at the time of rental, with a mandator $20 admin fee plus applicable GST.
This letter also grants full consent and authority from WTH Funding Ltd to the person noted regarding the above mentioned ticket.


I ended up sending a letter to the court. The fine was for $190.80. I ended up paying only $50. :D
Member
May 2, 2008
290 posts
59 upvotes
I assume the vehicle was rented outside Quebec, as Quebec-registered vehicles owned by major rental companies have photo-radar infractions sent directly to the renter due to special arrangements with the companies involved. This does not happen for, say, Ontario-registered vehicles.

Budget has a theoretical possibility to transfer responsibility of the ticket from themselves to the driver. It is theoretical, because Budget does not know who was driving the vehicle (only the renter), and they would require the actual driver to physically sign the declaration form and take a copy of the person's driver's license, all within the space of ten days.

So, in reality, the rental company will rely on their rental agreement and charge the renter with the amount of the infraction plus any administrative fees. There is nothing you can do to re-open the ticket, and in any case there is little or no real leeway for contesting such an infraction.
Deal Addict
User avatar
Jul 10, 2007
4386 posts
271 upvotes
Toronto
All tickets issued via cameras including photo radar tickets and red light cameras are charged to the owner of vehicle, not the driver (they can't prove who was driving at the time). In this case Budget is the owner of the vehicle, so no you cannot fight the ticket on their behalf.

The good news for you is that since the ticket is not charged to you, you won't have to worry about demerit points nor increases on your insurance premium.
Sr. Member
Jun 2, 2011
651 posts
63 upvotes
Just make sure you cancel your credit card accounts so the car rental agency cant charge you directly. Then if you're that desparate then file for bankruptcy.
Deal Addict
User avatar
Oct 30, 2008
2117 posts
1046 upvotes
Richmond Hill
VorteC wrote:
Jul 26th, 2011 7:24 pm
All tickets issued via cameras including photo radar tickets and red light cameras are charged to the owner of vehicle, not the driver (they can't prove who was driving at the time). In this case Budget is the owner of the vehicle, so no you cannot fight the ticket on their behalf.

The good news for you is that since the ticket is not charged to you, you won't have to worry about demerit points nor increases on your insurance premium.
I`d pay budget and be happy that you were driving a rental car while the infraction occurred. Look at this as a positive and move on. I know I certainly would.
:D

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