£2.50 Card processing fee- Illegal - Claim refund contact Trading Standards

BlowinMyTop

Dear All,

I am currently in the process of appealing a PCN in respect of poor signage and which has been appealed and rejected by the PCC and now with POPLA and don't hold my hopes up here either.

I wanted to bring to the attention of anyone who may also have recently paid their "fine" or letter claiming payment where it is indicated that there is a Card Processing Fee in excess of 0.3%, this is illegal as card processors can only apply this fee and the company processing the card, cannot make a profit on this which £2.50 on £100 is clearly 2.5%?

While my appeal is in the process and the parking company are fully aware as they have submitted their response, today I have received a 'final reminder' (sorry, begging letter) to pay other otherwise with no explanation or suggesting in any other documentation the fee will increase to £160.

However.. At the top of the form, there is a box clearly stating that it can be paid now by card with a Card Processing Fee of £2.50. Now then, after speaking to Consumer Direct yesterday, they are ready to pass onto Trading Standards in order to have them busted for illegal card processing fees as this has not been allowed since 9th December 2015.

The PCC has also used my first appeal letter clearly marked "without prejudice" and sent a copy of this letter with their own comments added. If a letter marked without prejudice cannot be used in a court of law, then what makes them believe POPLA is over and above this.

I am waiting for POPLA to fail prior to Ombudsman then I want them to take it to court.

At this stage I am not giving details of the company, but will do later and may also need some guidance on court defence.

The reason for writing today, if you have received a PCN claiming any kind of fee for card processing in excess of 0.2% or 0.3% since Dec 9th 2015, then the paper it is printed on is illegal and they have acted illegally in charging it.

Coupon-mad

Good for you - this has been raised before but it is great if Consumer Direct are actually doing something! First time I've heard of this being pursued re a PPC.

While my appeal is in the process and the parking company are fully aware as they have submitted their response, today I have received a 'final reminder' (sorry, begging letter) to pay other otherwise with no explanation or suggesting in any other documentation the fee will increase to £160.

That letter is not allowed. Whilst a case is at POPLA, the BPA says members MUST stop work on the case and certainly cannot send a reminder worrying people about £160 being a possibility (not that you will be paying them even if you lose at POPLA, of course!).

Send a complaint to the BPA:

aos@britishparking.co.uk

like this person, same thing, only they are being bothered by a debt collection letter:

https://forums.moneysavingexpert.com/discussion/comment/72116685#Comment_72116685

Make that complaint - you MUST attach a scan of the letter bothering you and a copy of the Notice to Keeper from the company, and proof you have appealed to POPLA (such as a copy of the POPLA email but remove the POPLA Portal password, don't let the BPA have your POPLA 'checking status' portal password).

BlowinMyTop

Hi

Sorry for the delay in getting back to you..

Thank-you for the suggestions and I will be making complaints to the BPA..

Thanks again...

pappa_golf

I would suggest that the "begging letter" was sent by a debt collector (£160) , as above once you have made an appeal they should stop further action , and NOT pass it to debt collectors

The_Deep

Good for you - this has been raised before but it is great if Consumer Direct are actually doing something! First time I've heard of this being pursued re a PPC.


Consumer Direct? Have nothing to do with them, they are as fit for purpose as a chocolate figure. Always complain to Trading Standards in writing.


Three years ago I was illegally surcharged by a large Blackpool hotel chain, (don't ask). I complained to Trading Standards, they contacted Blackpool TS, and the surcharge was refunded and they undertook to remain with the law in future..

safarmuk

TSA don't seem to be doing much to be honest, loads of PPCs charge a processing fee (e.g. £1.50 on £60) and the TSA don't do anything about it even if you report it. It's like a black hole and you hear nothing back ...

The_Deep

This could well be because the Labour controlled councils seem to prefer to hire Diversity Co-ordinators to TSOs.

pappa_golf

I have a patented foolproof way not to pay a credit card surcharge on a PPC invoice

cost you to find out tho ,,,,,,,,,,,,,,,,

DoaM

You can't have patented it, because prior art exists as many others have followed the same method before your patent attempt.

Umkomaas

The_Deep wrote: »

Three years ago I was illegally surcharged by a large Blackpool hotel chain, (don't ask). I complained to Trading Standards, they contacted Blackpool TS, and the surcharge was refunded and they undertook to remain with the law in future..

Oh no, it wasn't that incident with the duvet, TD? Didn't realise they surcharged you. A bit OTT, in my view!