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

nosferatu1001

"the alleged 'penalty notice'"
No no no no no
This is a "parking charge notice"
NEVER suggest this is a penalty. THats the entire point - it is not, because a Penalty notice cannot be issued by a private firm.

hardleyouth

A speedy and dissappointing response:

Dear X, Thank you for reaching out to Getaround in relation to an infraction applied to your previous rental 550****. The Owner was obliged to cover a cost you were responsible for, should the relevant parking companies reverse these charges and reimburse the Owner, we will be happy to refund the costs back to you.  I would like to refer you to the Getaround Terms of Service, particularly the clause highlighted below; “Different types of compensation and fees can be charged against the Renter in case of various behaviors or events. Getaround acts as an intermediary for the payment of compensation fees. Payment of compensation to the Car Owner is subject to the Renter’s prior payment thereof. The Renter is informed that if the Car Owner provides proof of the former’s liability, the Excess, compensations and penalties will be charged directly to any payment method used on Getaround by the Renter. By accepting the Terms, the Renter authorises the payment of such compensation and penalties.” (12.5 Compensations and associated Getaround fees) Furthermore, we have not taken any money from your bank account without prior authorisation, you’ve agreed to the Terms of Service and the Rental Contract when you rent a car through Getaround, these state that you are responsible for any PCNs and infractions incurred during your rental. As the parking charge notice was incurred on 04/07/2020, which is during the time of your rental, you are responsible for the vehicle and therefore responsible for the parking costs. While I appreciate that you may feel this is not the answer you want to hear, there is nothing further we can assist you with, nor are we able to escalate this matter further than it already has been. Unless you have any new information to provide that hasn't been covered previously or confirmation from the parking companies that the charges have been reversed, we have no other option but to close this case and we will not be able to provide you further support on this topic. Kind regards, Eve - Getaround

I was considering that perhaps there is an argument here around unfair contract terms, as 'various behaviors or events' is not specific enough and therefore is not clearly understandable. 

I suppose also I should challenge this point:

"The Owner was obliged to cover a cost you were responsible for, should the relevant parking companies reverse these charges and reimburse the Owner, we will be happy to refund the costs back to you. "

As they were not obliged to do so and in doing so they have removed my right of appeal?  In this situation what legislation requires that I am given the right to appeal as a hirer? POFA? 

nosferatu1001

Just inform them they have 14 days to reverse the charge, as none of the terms signed allowed fo rthem to charge you for an invoice settled by the owner, or you will reverse the charge as unauthorised
You will not enter into further discussions. The terms are clear that only in the case where there is a penalty or fine payable will you be liable, and as this is not a fine nor a penalty, you are not responsible.
If you are unsure on the difference between a penalty and a mere invoice, I sugegst you seek legal advice, as my bank certainly knows the difference. 

hardleyouth

nosferatu1001 said:

"the alleged 'penalty notice'"
No no no no no
This is a "parking charge notice"
NEVER suggest this is a penalty. THats the entire point - it is not, because a Penalty notice cannot be issued by a private firm.

Hi, I was addressing the terms that GetAround used in their communication to me, but placed it in inverted commas and prefaced it with 'alleged' so as to not show agreement with the terminology.  What is the best alternative term?  Invoice?  Charge? 

nosferatu1001

Parking Charge Notice, because thats what it is called. 

hardleyouth

Payment of compensation to the Car Owner is subject to the Renter’s prior payment thereof. The Renter is informed that if the Car Owner provides proof of the former’s liability, the Excess, compensations and penalties will be charged directly to any payment method used on Getaround by the Renter. 

I suppose here I can also argue that an invoice from a private firm is not 'proof of renter's liability' and therefore their terms of service do not permit them to charge me.  This is not in the terms but GetAround should advise owners to 'transfer liability' to the renter and thereby they wash their hands of it, and would allow me to appeal directly. 

Coupon-mad

Don't overcomplicate this.  We've told you the issues.  Do a chargeback.

Ditzy_Mitzy

hardleyouth said:

A speedy and dissappointing response:

Dear X, Thank you for reaching out to Getaround in relation to an infraction applied to your previous rental 550****. The Owner was obliged to cover a cost you were responsible for, should the relevant parking companies reverse these charges and reimburse the Owner, we will be happy to refund the costs back to you.  I would like to refer you to the Getaround Terms of Service, particularly the clause highlighted below; “Different types of compensation and fees can be charged against the Renter in case of various behaviors or events. Getaround acts as an intermediary for the payment of compensation fees. Payment of compensation to the Car Owner is subject to the Renter’s prior payment thereof. The Renter is informed that if the Car Owner provides proof of the former’s liability, the Excess, compensations and penalties will be charged directly to any payment method used on Getaround by the Renter. By accepting the Terms, the Renter authorises the payment of such compensation and penalties.” (12.5 Compensations and associated Getaround fees) Furthermore, we have not taken any money from your bank account without prior authorisation, you’ve agreed to the Terms of Service and the Rental Contract when you rent a car through Getaround, these state that you are responsible for any PCNs and infractions incurred during your rental. As the parking charge notice was incurred on 04/07/2020, which is during the time of your rental, you are responsible for the vehicle and therefore responsible for the parking costs. While I appreciate that you may feel this is not the answer you want to hear, there is nothing further we can assist you with, nor are we able to escalate this matter further than it already has been. Unless you have any new information to provide that hasn't been covered previously or confirmation from the parking companies that the charges have been reversed, we have no other option but to close this case and we will not be able to provide you further support on this topic. Kind regards, Eve - Getaround

I was considering that perhaps there is an argument here around unfair contract terms, as 'various behaviors or events' is not specific enough and therefore is not clearly understandable. 

I suppose also I should challenge this point:

"The Owner was obliged to cover a cost you were responsible for, should the relevant parking companies reverse these charges and reimburse the Owner, we will be happy to refund the costs back to you. "

As they were not obliged to do so and in doing so they have removed my right of appeal?  In this situation what legislation requires that I am given the right to appeal as a hirer? POFA? 

That's the trouble with unregulated organisations.  They can, as Getaround has here, tell you to get knotted.  POFA etc. is no longer relevant as the ticket has been paid.  Next step is, if you want, to apply for a chargeback.  Getaround, I understand, can appeal for the chargeback to be reversed.  

Coupon-mad

But they will need to evidence what they are saying to appeal a chargeback, so you need to show your card provider that the t&cs only cover penalty charges and fines under x and y Act (i.e. Local Authority PCNs) and not invoices from chancer private firms which are a contract law matter where liability can and should have been transferred (something that the recipient keeper of the car never has to pay).

Make sure your evidence to your card provider quotes the right things.

Ralph-y

leaving feed back on social media may focus their minds .... facebook, Trustpilot ..... 

Ralph