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

hardleyouth

My response:

I disagree.  The terms do not permit you to charge me, on behalf of the car owner or otherwise, for private invoices.

Your terms specifically cite 'driving/parking tickets' for 'offences' or 'traffic violations' committed during the rental period.  Legally, offences are breaches in law, as would be the case with a penalty charge notice or fixed penalty notice issued by the police or other authority - an invoice from a private firm cannot and does not relate to an offence or traffic violation in law.  Additionally, the provision of the invoice from 'ParkingEye', a private company, does not in any way constitute 'proof of liability' on my part and therefore does not qualify you to deduct funds from my account as per your terms of service.   

Similarly, the rental agreement states:

 I agree that whilst this rental agreement is in force, I will be liable as the hirer for this vehicle for any fixed penalty notice, congestion charge, or parking fines acquired for this vehicle under S66 Road Traffic Offenders Act 1988 and Schedule 6 Road Traffic Act 1991.

Fixed penalty notices and parking fines under S66 Road Traffic Offenders Act 1988 and Schedule 6 Road Traffic Act 1991 may only be issued by the police or local authorities, and only London authorities in the latter case.  I refer you to Part I Section 4 Road Traffic Offenders Act 1988 and Schedule 6 of the Road Traffic Act 1991 as cited in the rental agreement above, where this is clearly stated.  The charge you have illegitimately made to me to pay does not qualify under this legislation as it relates to an invoice from a private company and not from an authorised government body. 

Your suggestion that should the company in question reverse the charge you would refund me is null and void.  Firstly, you do not have approval to charge me £95 in this instance.  Secondly, by making payment all routes of appeal are closed and there is no recourse for refund from said company.  The course of action taken has denied the right to challenge the invoice. 

As you insist on immediately and unreasonably closing this case without discussion or consideration of any counterpoints, refusing to escalate or consider it further, you leave me with no choice but to initiate a chargeback through my credit card provider.  

I intend to file the chargeback with Sainsbury's Bank in a few days.  Does anyone know whether it's likely that GetAround will fight against the chargeback?  How often or easy is it for companies to do that?

Coupon-mad

They will of course be offered the chance to object, otherwise everyone could reverse very transaction.  Just make sure you show the credit card provider your reasoning and this email trail, plus the contract that only allows them to deduct real Council penalties and doesn't even mention invoices from chancers.

nosferatu1001

Yep, they have a chance, but the bank isnt on their side - they want to keep you as a customer, if its reasonable to do so. 

Le_Kirk

I intend to file the chargeback with Sainsbury's Bank in a few days.  Does anyone know whether it's likely that GetAround will fight against the chargeback?  How often or easy is it for companies to do that?

Why are you "waiting a few days"?  What do you hope to gain?

hardleyouth

Le_Kirk said:

I intend to file the chargeback with Sainsbury's Bank in a few days.  Does anyone know whether it's likely that GetAround will fight against the chargeback?  How often or easy is it for companies to do that?

Why are you "waiting a few days"?  What do you hope to gain?

I just figured it's worth battling with GetAround over a few e-mails first before applying the chargeback, exhausting the initial avenue available to me before pursuing that?  However, GetAround have responded again and they are pretty adamant on the issue so I will likely just go to chargeback now:

Dear X, 

During the course of your rental l you have parked on private land without paying the required fee. The owner has received a parking charge because of this. They have paid the requested amount immediately to discharge their liability as they are the owner of the car and not the person using the car at the time it was parked. They have discharged their liability as following a POPLA or civil court proceeding does not guarantee the parking charge will be overturned,

They have asked for reimbursement and compensation as they are entitled to under the terms you have agreed with your rental contract.

You can contact the issuer to dispute this notice and provide confirmation if they accept your dispute and refund the owner.

However I regret that this charge has been processed correctly and I am unable to reverse it.

Kind regards.
Raymond - Getaround

Le_Kirk

Given their apparent stance on this - total reluctance to listen to the rules and the law - I would say there is no need to wait any further!

hardleyouth

Also, isn't this just plain wrong?

They (the owner) have paid the requested amount immediately to discharge their liability as they are the owner of the car and not the person using the car at the time it was parked

Paying the invoice does not discharge liability, it accepts it.  To effectively discharge liability she should have forwarded it on to me?

Regardless, what they are saying is irrelevant as the crux of the matter here is that the terms do not permit them to charge me in this instance.  The terms only permit  a charge where an offence occurred, i.e. under law. 

Redx

Get your money back and let a future judge rule on the contract law and wordings , it's a complicated subject that I doubt getaround understand

What getaround say is irrelevant , what a lawyer or a judge says is what matters , so let them argue their case with a judge if they want a legal lesson in the subject

Umkomaas

hardleyouth said:

Also, isn't this just plain wrong?

They (the owner) have paid the requested amount immediately to discharge their liability as they are the owner of the car and not the person using the car at the time it was parked

Paying the invoice does not discharge liability, it accepts it.  To effectively discharge liability she should have forwarded it on to me?

Absolutely spot on.  However, maybe the owner already knew this, but by paying, he might also know that he's in for a £30 bonus - at your expense!

Ditzy_Mitzy

Umkomaas said:

hardleyouth said:

Also, isn't this just plain wrong?

They (the owner) have paid the requested amount immediately to discharge their liability as they are the owner of the car and not the person using the car at the time it was parked

Paying the invoice does not discharge liability, it accepts it.  To effectively discharge liability she should have forwarded it on to me?

Absolutely spot on.  However, maybe the owner already knew this, but by paying, he might also know that he's in for a £30 bonus - at your expense!

That does have the ring of an unfair contract term, doesn't it.  Essentially Getaround incentivises the car owners to pay parking tickets, rather than letting hirers dispute them.