Cardholder not present transaction

tobeloy
tobeloy Posts: 109 Forumite
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in Consumer rights
Hi

I am not sure if this is the right place to post this but I could do with some advice before I contact a company.

I hired a vehicle in August and during the hire period unbeknownst to me I acquired a parking charge notice at a supermarket car park.

I was made aware of this by Parking eye as they were passed my details by the hire company and sent me the PCN.

I contacted the car park owner and they have agreed to cancel the ticket as I was deemed to be working at the site which was correct.

A week after I received the PCN from Parking eye the hire company sent me a letter with a copy of the PCN and a card receipt and they have charged my debit card £24:00 without asking me for an admin fee, I am really fuming as they had my telephone number and could have rang me instead and thus would have not have me incur this charge.

I believe they have been unreasonable in what they have done and can they do this? I have looked through the t & c's and cannot see anything that states they would charge any such admin fee for such event.

I have a bloody good mind to write to them with the notice of cancellation and charge them £24 for my admin fee.

Do I have any rights here, appreciate any advice thanks
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Comments

  • Wanderingpomm
    Wanderingpomm Posts: 524 Forumite
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    They had to pass your details into parking eye. It hairs no difference to them that the ticket was cancelled
  • KeithP
    KeithP Posts: 37,584 Forumite
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    Tobeloy, you would be wise to ask a board guide to move this thread to the parking charges board.
  • BoGoF
    BoGoF Posts: 7,099 Forumite
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    Think it is a pretty standard thing in hire car agreements that any speeding/parking tickets will result in an admin charge. The fact the ticket was cancelled is irrelevant.
  • bris
    bris Posts: 10,548 Forumite
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    Wanderingpomm wrote: »
    They had to pass your details into parking eye. It hairs no difference to them that the ticket was cancelled
    It's not a parking charge issue. It's about whether they can charge an admin fee and take it from the card held by them.


    When you hire a car the card goes into the system and you agree to let them deduct this card for any charges you run up during the hire period. This is one of those charges so yes they can legally take it without further permission from you as you have already gave them it.
  • KeithP
    KeithP Posts: 37,584 Forumite
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    bris wrote: »
    When you hire a car the card goes into the system and you agree to let them deduct this card for any charges you run up during the hire period. This is one of those charges so yes they can legally take it without further permission from you as you have already gave them it.
    Are you sure about that?

    Of course we haven't seen the OP's hire agreement so it's difficult to be certain, but most hirer's T&Cs talk about "road traffic offences" and "parking fines".

    Parking in a supermarket car park, as the OP appears to have done, is neither a traffic offence, nor is it subject to a fine.

    I wouldn't mind betting that the OP's hire agreement mentions nothing about speculative invoices issued by private parking operators.

    I say again, the OP would be wise to seek the help from the knowledgeable people on the Parking Charges board.
  • DoaM
    DoaM Posts: 11,863 Forumite
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    Contact your card provider and flag it as an unauthorised transaction. Keith is right ... very few if any hire companies have T&Cs that allow them to charge an admin fee for parking invoices.
  • powerful_Rogue
    powerful_Rogue Posts: 7,509 Forumite
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    DoaM wrote: »
    Contact your card provider and flag it as an unauthorised transaction. Keith is right ... very few if any hire companies have T&Cs that allow them to charge an admin fee for parking invoices.

    Just had a look at the two big rental companies (Budget & Europcar), and they both mention parking fines or charges
  • bris
    bris Posts: 10,548 Forumite
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    KeithP wrote: »

    I say again, the OP would be wise to seek the help from the knowledgeable people on the Parking Charges board.
    As I said this is not about a parking charge, the charge is not in dispute and settled accordingly.


    This is the OP asking about his rights when a company charge his card after an event. Two totally different things.
  • wealdroam
    wealdroam Posts: 19,181 Forumite
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    OP, which hire company?

    Just one example, Europcar will refund their fee under certain circumstances.

    From their T&Cs:
    9.3.1. The administration fee will only be refunded if you can provide supporting evidence to show that the issuing authority (i) has rescinded the fine or penalty; and (ii) confirms that the original charge did not apply in any event.
  • DoaM
    DoaM Posts: 11,863 Forumite
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    powerful_Rogue wrote: »
    Just had a look at the two big rental companies (Budget & Europcar), and they both mention parking fines or charges

    But when it comes to invoices, the hire company making the payment removes the hirer's legal right of appeal. The hire company has a fairly simple legal process to follow to absolve themselves of any liability for a charge ... it's all covered by the Protection of Freedoms Act 2012 (schedule 4), and the BVRLA Memorandum of Understanding. (Most if not all hire companies are BVRLA members).
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