Gary Rycroft Ask a Lawyer

vehicle is “to drive it under a barrier lower than the overhead clearance of the vehicle”. You obviously did that and so breached a “strict term” of the rental agreement.

In addition, the rental agreement makes clear that if there is a breach of a strict term, the so- called “damage waiver” is invalidated. A damage waiver is an insurance intended to protect a vehicle hirer in the event of damage or theft, and lowers their liability. In short, it protects you financially if something goes wrong. In your case the damage waiver was the insurance you took out to cover the hire.

But the breach means the protection is invalidated. However, from this exposed starting point, I think we can build up some arguments which will give you scope for negotiation. Once you have been through the arguments I suggest, your first move is to take these points directly to the van hire business.

But if you are unable to sort the situation directly, you can refer the dispute to the British Vehicle Rental and Leasing Association (BVRLA) which is a government-approved alternative dispute resolution service.

Let’s look at the arguments you should raise before it reaches that point.

First you should raise the issue that you were unaware of the height restriction on the van and that you have received a “fake” image purporting to show a notice in the van that you say was absolutely not there.

You will need evidence to back up this claim and your witnesses will help. However, make sure they are trustworthy and credible characters before putting them forward.

It is also worth noting that alternative dispute resolution processes put a higher value on reasonableness as an argument than a court of law which will focus on strict legal liability. So any party submitting fake evidence to a res