Parking Eye and overseas victims

gyncy

I contacted the hire company and they confirmed they will indeed pay the invoice and charge my cc. Unless I call their department that deals with this and inform, them that the charge is under dispute. So I will do that on Monday. I'm also considering cancelling the credit card as a firewall against them billing against it in any case.

gyncy

The credit card company cannot reject a payment "in advance" unless you blacklist a company with them - but then you won't be able to hire from that company again. I could dispute the charge when it comes though but I will call them and tell them not to charge it as it would be in dispute.

Half_way

what hire company is this?
do you have a copy of their terms and conditions?

Coupon-mad

gyncy wrote: »

I contacted the hire company and they confirmed they will indeed pay the invoice and charge my cc. Unless I call their department that deals with this and inform, them that the charge is under dispute. So I will do that on Monday.

Oh no they won't. Because you won't allow it and their t&cs don't allow it either - this is not a PCN 'penalty charge' from an Authority. This is not their baby any more.

gyncy wrote: »

I'm also considering cancelling the credit card as a firewall against them billing against it in any case.

Nope, don't waste your time as this doesn't stop a payment. Cancelling a card cancels that piece of plastic only. Doesn't stop authorised payments which you could still be liable for on the account. Hence why you need to tell the Hire firm that they no longer have your CC authority.

gyncy wrote: »

The credit card company cannot reject a payment "in advance" unless you blacklist a company with them - but then you won't be able to hire from that company again. I could dispute the charge when it comes though but I will call them and tell them not to charge it as it would be in dispute.

So you email the Hire firm and say something along the lines I summarised here (as long as the car park was in England/Wales):

https://forums.moneysavingexpert.com/discussion/comment/65606027#Comment_65606027

... telling them that once they have discharged their liability under POFA 2012 it is no longer their business to pay in law. They can't then pay it and hold you liable if they've passed on your name and address. Refer them to the BVRLA advice and copy some of the things I put in that link. They can no more pay YOUR PCN than they could pay your paper bill. Once they've passed on your name and address they are 'out of the loop' under POFA 2012 and cannot cite their mere t&cs to pretend otherwise.

And finish your email by saying you hereby revoke any authority or implied consent for them to debit your card and will immediately get the payment reversed if they should try. Tell them if they are about to reply mentioning their hire t&cs then they need to stop and read the POFA 2012 section on hire/lease firms discharging liability or ask the BVRLA. Because t&cs cannot trump the law! Also the BVRLA came to a 'Memorandum of Understanding' with the BPA only this year that makes it easy for the lease/hire industry to discharge liability with one template letter which it seems your hire firm has already sent. By law, this isn't their business/liability after that.

gyncy

I will contact them on Monday and then let you know what they say. If I get any push back I'll pass on a version of the language at your link. I'm sure this isn't the first time they have gone though this. Thanks for the help!

Coupon-mad

It may be the first time because most people don't know the facts about the POFA 2012 and their rights and the fact about liability being discharged and transferred to a driver. So probably no-one has raised it before like you will, in those terms.

Many hire firms just think all 'fines' are the same and people don't know any different when they suddenly find their credit card debited for a stupid amount even though in fact the hire t&cs almost certainly ONLY cover fines and penalties from Authorities (this isn't one). Many hire/lease firms which crop up on these threads have no clue about the 'MoU' between the BPA and the BVRLA about them passing on a letter to discharge liability. They ignore such stuff because maybe they've always 'just paid' all PCNs and think their t&cs cover 'any fine' and don't care as it's easier for them to pay - charge an admin fee - and just debit people's card.

Well sorry to break it to your hire company - but this ain't one of those 'fines/penalties from an Authority' and under POFA 2012 once they have discharged liability, even if they get another letter from the scammers they cannot 'grab liability back again', pay and force you to reimburse them for their stupidity!

bazster

In the past I have had a couple of CCM's where the payee ignored my requests to cease the service and continued taking payments. I stopped them in their tracks by reporting the card as lost and being issued a new card with a different number.

C-M is correct in that the bank will pay against an invalidated card where there is authorisation, but nevertheless the payee's next attempt to collect will most likely fail and they would need to take it up with the bank, which would take some serious chutzpah in the face of your evidence that there is no authorisation!

Guys_Dad

You may wish to copy the relevant section of the BPA AOS and POFA 2012 para 13 and send it with your email/letter to the hire company to remind them of their requirements under the act.

http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

http://www.britishparking.co.uk/write/Documents/AOS/AOS_Code_of_Practice_-_V4,_Feb_2014.pdf

As they have given your name and address, the following applies particularly

13 (2)The creditor may not exercise the right under paragraph 4 to recover from the keeper any unpaid parking charges specified in the notice to keeper if, within the period of 28 days beginning with the day after that on which that notice was given, the creditor is given—

(a)a statement signed by or on behalf of the vehicle-hire firm to the effect that at the material time the vehicle was hired to a named person under a hire agreement;

(b)a copy of the hire agreement; and

(c)a copy of a statement of liability signed by the hirer under that hire agreement.

esmerobbo

Guys_Dad wrote: »

You may wish to copy the relevant section of the BPA AOS and POFA 2012 para 13 and send it with your email/letter to the hire company to remind them of their requirements under the act.

http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

http://www.britishparking.co.uk/write/Documents/AOS/AOS_Code_of_Practice_-_V4,_Feb_2014.pdf

As they have given your name and address, the following applies particularly

13 (2)The creditor may not exercise the right under paragraph 4 to recover from the keeper any unpaid parking charges specified in the notice to keeper if, within the period of 28 days beginning with the day after that on which that notice was given, the creditor is given—

(a)a statement signed by or on behalf of the vehicle-hire firm to the effect that at the material time the vehicle was hired to a named person under a hire agreement;

(b)a copy of the hire agreement; and

(c)a copy of a statement of liability signed by the hirer under that hire agreement.

I recently had a car on hire through a dealer when my new car was late, I noticed a term in their conditions were they stated they will make a admin charge for dealing with a private parking charge.

This was only a local small company, but I wonder how many others have it in their T&C's.

Stroma

Hardy any, I haven't seen any T&Cs that have it from the big companies