Double whammy - Paid parking fine to the wrong company!

Grizebeck

no its no issue and it isnt a fine!!!
just do the charge back,

Castle

fisherjim said:

As already stated you can put any VRN and reference number in and it will take the money.

In their terms and conditions they even have a £100 admin fee for a chargeback.

The company Motiva Group Ltd is listed with companies house as "dissolved" in 2023

https://find-and-update.company-information.service.gov.uk/company/13812073/filing-history

You have been had, but surely as a dissolved company the bank should return the funds?

Companies House spells it as "Movita Group Limited" whilst the terms and conditions refer to it as "Motivate Group" which suggests that Movita have no involvement in the scam.

fisherjim

Castle said:

fisherjim said:

As already stated you can put any VRN and reference number in and it will take the money.

In their terms and conditions they even have a £100 admin fee for a chargeback.

The company Motiva Group Ltd is listed with companies house as "dissolved" in 2023

https://find-and-update.company-information.service.gov.uk/company/13812073/filing-history

You have been had, but surely as a dissolved company the bank should return the funds?

Companies House spells it as "Movita Group Limited" whilst the terms and conditions refer to it as "Motivate Group" which suggests that Movita have no involvement in the scam.

Well it's the same registration number and address, all looks dodgy to me:

Trigger79

Hi everyone, thank you all so much for your advice. I will definitely go for the chargeback. 

Going back to the original invoice from CP Plus which I am now clear I havent't paid, I've had a chance to go through the newbies thread. 

 @grizeback and @Coupon-mad you have both (I think) suggested ignoring CP Plus's letters and doing nothing -  others have said "follow the advice on the newbies thread". 

Did you mean - ignore CP Plus but continue to go through the complaints / appeals process? Or are you saying literally do nothing at all at this stage?

Just as a reminder - I have a "parking charge letter" for end of July (so three months ago) and no other types of letters at this stage. 

Gr1pr

If its a 3 months old PCN then its far too late to appeal it 

The ONLY complaint I can think of would be plan A, to the Landowner or managing agent, if there are grounds for making a complaint 

Otherwise its ignore anything that is NOT a Letter of Claim or a Court claim 

Half_way

Trigger79 said:

Hi everyone, thank you all so much for your advice. I will definitely go for the chargeback. 

Going back to the original invoice from CP Plus which I am now clear I havent't paid, I've had a chance to go through the newbies thread. 

 @grizeback and @Coupon-mad you have both (I think) suggested ignoring CP Plus's letters and doing nothing -  others have said "follow the advice on the newbies thread". 

Did you mean - ignore CP Plus but continue to go through the complaints / appeals process? Or are you saying literally do nothing at all at this stage?

Just as a reminder - I have a "parking charge letter" for end of July (so three months ago) and no other types of letters at this stage. 

My take would be to ignore CP plus ( for now) but apply maximum pressure on the  landowner.

 Unless ive missed it, what was the original reason for the issuing of a parking charge notice?, and in whos car park was it issued? - do not attempt to id the driver at this stage

Trigger79

Thank you both. 

@Half_way it was for a service station and it was for staying past the free parking period and not paying for it - about an hour over the 2 hour stated free period.
 
When you say

> "The ONLY complaint I can think of would be plan A, to the Landowner or managing agent, if there are grounds for making a complaint " 

How would I know if there are grounds? To my untrained eye the signage makes it clear so I'm guessing any grounds would be more technical / legal things. I geniunely tried to find this information in the Newbies section but there's just so much to read there I couldn't find anything. 

> And could you explain what "apply maximum pressure on the landowner" means?

Are you saying the same thing as Half way here? I.e. try to complain or do you mean something different? 

Thanks again!

Trigger79

Oh in case helpful, it was a MOTO station

D_P_Dance

A £100 charge is very likely to be an unfair term in a consumer contract, read these

Unfair contract terms explained

https://www.gov.uk/government/publications/unfair-contract-terms-cma37

Br9ng this to the attention of the landowner and Trading Standards, and invite them to address the matter

In the meantime, pay nothing more to anyone, IT IS NOT A FINE,  IT IS A SCAM

Trigger79

This is super helpful, I certainly won't pay. 

How does this letter to the service station look? I wasn't sure if I should focus specifically on the disproportionality of the amount, as that seems to be the strongest aspect

Also by landowner, I am assuming you mean the service station operating company and so I will send this to Moto Motorway head office?

--

Subject: Appeal of Parking Fine – [Parking Fine Reference Number]

Dear Sir / Madam,

I am writing to formally appeal the parking fine issued to me on [date of fine] at [location of the parking fine]. I believe the fine was issued under terms that are unfair and potentially in violation of the Consumer Rights Act 2015. Therefore, I respectfully request the cancellation of this parking charge.

The UK Government's "Unfair Terms Explained" guidance for consumers highlights the importance of fairness in contracts. Specifically, any term in a consumer contract, including parking terms, must be fair, transparent, and not create an imbalance between the service provider and the consumer. Based on my review, I believe that the terms under which this fine was issued do not meet these requirements for the following reasons:

1. Lack of Transparency: The terms relating to parking charges and conditions were inadequately displayed and it was not clear that parking was limited to 2 hours. For a term to be fair, it must be clear and understandable to all consumers. Hidden or insufficient signage can prevent consumers from making informed choices, thereby creating an unfair disadvantage.
2. Disproportionate Penalty: The amount of the fine appears to be disproportionate to any potential loss or damage incurred by the service station. According to guidance, penalties that exceed a reasonable estimation of actual loss can be considered unfair, as they are more punitive than compensatory. In my case, I believe this fine exceeds a fair assessment of the value of the parking or any inconvenience I may have caused.
3. Imbalance of Power: The terms of this parking agreement seem to disproportionately favour the service station without a reciprocal benefit for consumers. For example, if terms are applied in a rigid or automated manner without consideration of individual circumstances, this can be considered unfair, as it leaves consumers without reasonable recourse.
4. Failure to Meet Consumer Rights Act Standards: Under the Consumer Rights Act, terms that impose excessive obligations or penalties on consumers, without justifiable cause, are often deemed unfair. I believe this fine fails to comply with the standards set out in Section 62 of the Act, which requires that consumer contract terms must be fair, transparent, and not create significant imbalance.

In light of these points, I urge you to reconsider and cancel this parking fine, as the terms under which it was issued are unfair and in potential breach of consumer protection law.

Thank you for your attention to this matter. Please confirm the cancellation of this fine, or otherwise respond to this letter within 14 days of receipt.

I will also be making a complaint to Trading Standards

Yours sincerely,

Name / Contact information