Getaround (P2P) paid for Parking Charge Notice from private parking company

Ralph-y

"as far as the bank goes I would try again hire up the chain .... make sure that you have a T&C's from the app company "

Ralph

downwithpcn

Ralph-y,
I agree. I will get back to the bank again. I just checked MasterCard guidelines, I think this issue comes under this section:

Addendum Charges:
Second Presentment Condition. The acquirer can substantiate that the addendum transaction is the cardholder’s responsibility.

IPM Second Presentment Message Reason Code 2700 (See Corresponding Documentation/ Chargeback Remedied) for Dual Message System transactions. 

Supporting Documents. 

Documentation substantiating the cardholder has participated in the original transaction and documentation to establish the cardholder is responsible for the addendum transaction. For example, the original rental agreement or hotel folio. 

When the disputed amount presents charges for loss, theft, or damage: Documentation substantiating the transaction was completed as described in the Transaction Processing Rules, section 3.12 Charges for Loss, Theft, or Damage—Mastercard POS Transactions Only. 

DE 72 (Data Record). None 

Notes. 

For example, after the cardholder initially is billed for a vehicle rental, the cardholder is billed for a separate additional amount that represents unpaid parking tickets. The cardholder claims that he or she did not authorize the transaction for the parking tickets. The merchant should include, with the second presentment, information about the violations showing that they were issued during the period that the vehicle was rented by the cardholder, as well as the rental agreement with proof the cardholder participated in the original transaction. 

Coupon-mad

The chargeback has nothing to do with why the PCN was issued.  

The Chargeback is because this was an unauthorised deduction, because the Getaround agreement doesn't allow them to pay anything except fines and penalties (presumably?) and this is neither.  Equally damningly, a Smart Parking invoice does not use the POFA 2012 (the only law about keeper liability) and due to this, Getaround were never liable. 

To be blunt, this speculative invoice addressed to them in the first instance was one to pass to the hirer, and was never theirs to pay.  It was a civil charge that was only the business of the driver alone and there was no lawful or contractual justification for them to pay it.  Hence, you want the chargeback.   

Explain that again to the Bank/credit card firm. The reasons for parking there and any potential appeal you would have had, are completely irrelevant to the Bank!  And no, you can't appeal to Smart now.  Getaround took that easy win away from you.

downwithpcn

Hi guys, just wanted to give a quick update on this. The card company didn't agree with the chargeback in the end. I've sent LBA to the car hire company. They repeated their terms and condition: "The Renter alone is liable for any infractions or violations of Traffic Laws that may be committed with the Vehicle during the Rental." On Monday I'm filling in a claim form. Any advice or suggestion on what to write in the claim?

nosferatu1001

You need to draft particulars
The obvious one is that an alleged breach of a civil contract is NOT an infraction of a Traffic Law, and so the defendant had no authority to charge you X Y Z
So you are claiming
all the money they took plus court fees.

downwithpcn

Thanks nosferatu, can I also include the loss of earning as well as compensation for the emotional distress they cause over the past two months? The loss of earning is because the money they took from my account was for another job I had to do that week which I needed the money to hire the car for, in this case I couldn't make it for the job, it's all recorded with the car hire company too.

Le_Kirk

You could look at the civil procedure rules to find out about how/what to claim but it is basically loss of earnings (up to £95) with proof such as a wage slip for normal costs.  You can try a claim for other costs including loss of the job opportunity and emotional distress but it is a high bar to reach and you have to prove unreasonable behaviour by the PPC/solicitor.

nosferatu1001

Le_Kirk - thjis is for a CLAIM the OP can make. 
Yep you can of course claim for loss of earnings  as well, need proof of that as well but your particulars can just state the bare facts  of what it cost you
Emotional distress - prove it. If you cant, dont even try. This isnt a fishing exercise, or the US

Castle

downwithpcn said:

Hi guys, just wanted to give a quick update on this. The card company didn't agree with the chargeback in the end. I've sent LBA to the car hire company. They repeated their terms and condition: "The Renter alone is liable for any infractions or violations of Traffic Laws that may be committed with the Vehicle during the Rental." On Monday I'm filling in a claim form. Any advice or suggestion on what to write in the claim?

You can also file a complaint with the Financial Ombudsman against your credit card company.

Half_way

One thing you can probably do is charge for your time and expenses
Draw up a time sheet and log what you have done: time from/to and any additional costs such postage/travel etc. I believe the costs can be upto £19 per hour, however that is an upto figure, so keep it reasonable.