PCN - ParkingEye - 14 Minute Stop (Didn't leave car!)

Castle

The terms and conditions posted by the OP only apply to "offences" and "penalty notices/fines"

Redx

Castle said:

The terms and conditions posted by the OP only apply to "offences" and "penalty notices/fines"

That was my point in any dispute , most contracts tend to mention offences , penalties and fines , not private parking charge invoices

Therefore that is a standard back argument in all hire and lease cases

nosferatu1001

"A management compensation fee for driving/parking tickets received by the Car Owner for an offence committed during the Rental is applicable, in addition to the amount of the ticket:"
It also states you are only liable for penalties etc committed under Acts, not a private invoice
2 steps:
1) Inform getaround that they are in breach of... as this is a mere invoice. it is not an offence under...
They are in breach of the terms and conditiosn you signed, meaning their charge is unlawful and you require an immeidate refund.
It doesnt matter if they have paid out to the vehicles owner; that is a private matter between getaround and the vehicle owner, and is nothing to do with you
2) if they do not refund yo uwithin 14 days, you will be forced to perform a chargeback with your credit card company, for taking a payment in breach of contract. 

Umkomaas

I haven't owned and driven a car regularly for 8 years, I don't recall ever needing to be so wary about stopping briefly in places like hotel car parks, and indeed I've never received a fine/charge of any sort, but perhaps the market has shifted since then.  I recognise I should have been more observant. 

You and the other 8.4 million motorists ensnared by private parking banditry in the past 12 months. 

https://www.lovemoney.com/news/97494/parking-fines-private-cost-challenge?utm_source=sendgrid&utm_medium=email&utm_term=article1img

hardleyouth

nosferatu1001 said:

"A management compensation fee for driving/parking tickets received by the Car Owner for an offence committed during the Rental is applicable, in addition to the amount of the ticket:"
It also states you are only liable for penalties etc committed under Acts, not a private invoice
2 steps:
1) Inform getaround that they are in breach of... as this is a mere invoice. it is not an offence under...
They are in breach of the terms and conditiosn you signed, meaning their charge is unlawful and you require an immeidate refund.
It doesnt matter if they have paid out to the vehicles owner; that is a private matter between getaround and the vehicle owner, and is nothing to do with you
2) if they do not refund yo uwithin 14 days, you will be forced to perform a chargeback with your credit card company, for taking a payment in breach of contract. 

They use quite a few different terms between the ToS, Rental Agreement, and their 'Help Centre'.  So you think I may have a route out via the technical fact that the 'Penalty Charge Notice' from ParkingEye is infact not a PCN, nor a fine, and is just a commercial invoice, for which GetAround do not have legal basis to charge me?

nosferatu1001

Its not a technical get out!
Its a fact
You posted them yourself - they refer to 
penalties
offences
fines
NONE of those words have ANYTHNIG to do with an invoice from a parking company
And yes, of course I think you have a route. I wouldnt have said otherwise. 

Coupon-mad

Umkomaas said:

I haven't owned and driven a car regularly for 8 years, I don't recall ever needing to be so wary about stopping briefly in places like hotel car parks, and indeed I've never received a fine/charge of any sort, but perhaps the market has shifted since then.  I recognise I should have been more observant. 

You and the other 8.4 million motorists ensnared by private parking banditry in the past 12 months. 

https://www.lovemoney.com/news/97494/parking-fines-private-cost-challenge?utm_source=sendgrid&utm_medium=email&utm_term=article1img

It's higher than that, because I believe the 8.4million is only those cases where DVLA data was obtained.  So, it's likely to be more like over 9million PCNs issued once the windscreen PCNs that are paid (or appealed and no DVLA data is needed) are factored in.

Given that there are some 38.9million registered vehicles in the UK, if you take off all the buses, coaches, caravans, mopeds, motorbikes, farm machinery and tractors, lorries, police cars and other emergency vehicles, the actual total 'cars and vans registered with the DVLA' figure is likely to be lower.

Less than 36million would be my educated guess.  I am checking this figure with the DVLA, as anyone can.

Point being, 9million PCNs issued to some 36million likely vehicles that use private land, means that ONE IN FOUR average drivers is at risk of getting a fake PCN every year.  The figure of issued PCNs has increased 24% in one year!

This is due to the greed of the industry and the data-sharing policy of the DVLA, which pretty much seems to allow everything the Trade Bodies ask for, including non-POFA data release.  Cash cow locations and multi-ticketing of the same vehicle would have been obvious to the DVLA but this has been allowed, seemingly with ANY questions being asked by anyone.   

Someone has to start putting motorists first.

If the £95 is coming out of a credit or debt card, the OP needs to do a chargeback based upon the fact that GetAround are trying to take money to pay for a private charge that is not the 'penalty from an authority' that their limited t&cs allow.  The card company will have to put the £95 in dispute and reverse it.

hardleyouth

nosferatu1001 said:

Its not a technical get out!
Its a fact
You posted them yourself - they refer to 
penalties
offences
fines
NONE of those words have ANYTHNIG to do with an invoice from a parking company
And yes, of course I think you have a route. I wouldnt have said otherwise. 

I am very grateful for your input and (of course) I really hope you are correct.  They do mention 'parking ticket' within the terms, does this not give GetAround an out against me? 

I am sending an e-mail to them anyhow, along the lines of what you said and advising that I will process a chargeback if they do not refund me. 

nosferatu1001

Draft it and shwo it here first. 

hardleyouth

nosferatu1001 said:

Draft it and shwo it here first. 

 I have tried to cover all the terms mentioned across their ToS, Rental Agreement, and FAQs:

Good afternoon,

I have been debited £95 from my credit card in relation to rental 550****.  I dispute this charge on the following grounds:

The charge is in breach of the contract between GetAround and myself.  The 'penalty notice' in question is a private commercial invoice and, despite what the charging company may say, it is not a penalty notice, penalty charge notice, fixed penalty notice, parking ticket, driving ticket, offence, traffic violation, nor (parking) fine.   These items may only be issued by the authorities such as the Police or councils/local authorities and are enabled by legislation.  

The £95 charge is therefore in breach of the terms and conditions between us.  The charge is not permitted under the terms, which permits does not permit the the paying of private commercial invoices on my behalf, and I therefore require an immediate refund.

If I am not provided with a refund within 14 days, I will be forced to perform a chargeback with my credit card company, for taking a payment in breach of contract. 

Regards,