Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • Sillychuckie
    • By Sillychuckie 15th May 18, 1:59 PM
    • 1,132Posts
    • 272Thanks
    Sillychuckie
    Consumer Rights - cancel airport parking
    • #1
    • 15th May 18, 1:59 PM
    Consumer Rights - cancel airport parking 15th May 18 at 1:59 PM
    Help please.
    'Looking4Parking' offer airport parking services and let you book two types of booking:
    - Flexible [amendable, refundable]
    - Non Flexible [cant be cancelled or changed]
    So far... so simple.

    The 'Flexible' sort of booking, whilst allowing cancellation, still charges a standard cancellation fee of 9.50.
    However, when you book a 'Flexible' booking, you are given the option of paying an additional 1.95 (a 'cancellation waiver'), to avoid this 9.50 charge.
    This option of a cancellation waiver is not available on 'Non Flexible' bookings, as it makes no sense obviously, to let a customer pay for a reduced cancellation fee on a product which doesn't support cancellation.

    In November last year, I purchased what I thought was a 'Flexible' booking.
    The website presented it to me as a 'Flexible' booking, and my order confirmation email makes no mention of it being 'Non Flexible'. Even more telling and supportive of my claim, is the fact that I elected to pay the additional 1.95 cancellation waiver - a product ONLY available on Flexible bookings!

    Yesterday I went to cancel my booking, as we have had to cancel our trip due to health concerns. The website, to my surprise, wouldn't let me do it and incorrectly said our booking was 'Non Flexible'.

    I emailed Looking4Parking, and they have written back saying (I'll summarise):

    1. Your booking was non flexible, so you cant cancel it and we wont refund it.
    2. We accept there must have been a technical issue on our website, because it should not have been possible for you to book the 'Cancellation Waiver' product.
    3. As a gesture of good will, we will offer to refund you the 1.95 cancellation waiver you paid unnecessarily, and give you 15% off your next booking.

    This is instead of the full 47 odd refund I am due.
    They made no comment on my Order Confirmation not showing 'Non Flex'.
    They accept that there must have been a technical issue, as my booking (a non flexible, with cancellation waiver) is technically 'impossible'.

    They refuse to consider the scope of the technical issue being wider.
    i.e.
    My stance: "It showed me a 'flexible' product, hence I was able to book the waiver. The whole checkout process was impacted by the technical issue".
    Their stance: "It must have showed you a 'non-flexible' product. The technical bug was solely the miss-selling of the 1.95 waiver".

    I argued that there was surely sufficient cause for doubt, even if they were right - but that all the documentation and evidence was in my favour.

    They are digging their heels in.
    Is there any other option other than small claims court? Can this even be done cost effectively for such a small amount?

    Thanks.
    SC

    Frankly, given their acceptance of the technical issue and their inability to explain why I was able to buy a cancellation waiver, I'm in total disbelief about the way they are treating me.
Page 1
    • agrinnall
    • By agrinnall 15th May 18, 2:10 PM
    • 20,494 Posts
    • 16,283 Thanks
    agrinnall
    • #2
    • 15th May 18, 2:10 PM
    • #2
    • 15th May 18, 2:10 PM
    Is there a price difference between flexible and non-flexible bookings? If there is, which price relates to the price that you actually paid? That will tell you whether you had a flexible booking in the first place, so can pursue getting your money back for cancelling, or whether it was a non-flexible booking accompanied by a technical error, in which case the 1.95 may be all you're entitled to.
    • Sillychuckie
    • By Sillychuckie 15th May 18, 3:04 PM
    • 1,132 Posts
    • 272 Thanks
    Sillychuckie
    • #3
    • 15th May 18, 3:04 PM
    • #3
    • 15th May 18, 3:04 PM
    Hi agrinnall.
    This is fairly difficult to determine, because they always have so many offers and discounts. Indeed, my deal was part of a 'Black Friday' offer, so its a misnomer to think that it is as simple as 'Price A' vs 'Price B'.

    I'd go further though, and argue that it shouldn't matter.
    Even if it is determined that I paid a rate for what would normally be a 'non flex' booking, as a new customer, I had no knowledge of the two different price bands. By going via a comparison site, I didn't see a breakdown of the alternatives.
    What I go by when I book something, is the price shown to me on the screen (as well as the terms and conditions and details which are shown to me at the time).

    It said it could be cancelled for 9.50. It gave me an option to pay 1.95 to waive the cancellation fee. The page presented itself to me as a cancellable product (hence the waiver option).

    Surely consumers should be protected when a technical glitch causes them a disadvantage? This seems so grossly unfair otherwise. How could I have known it wasn't a flexible product if everything on the page at the time, lead me to believe that it was?

    What would prevent them from continuing to keep this bug in their system, intentionally?

    SC.
    • unholyangel
    • By unholyangel 15th May 18, 3:56 PM
    • 12,537 Posts
    • 9,823 Thanks
    unholyangel
    • #4
    • 15th May 18, 3:56 PM
    • #4
    • 15th May 18, 3:56 PM
    Part of the information they need to provide you before you are bound by the contract (and also they need to confirm it in durable medium if they didn't provide it in a durable medium prior to the contract conclusion) is:

    (o)where under regulation 28, 36 or 37 there is no right to cancel or the right to cancel may be lost, the information that the consumer will not benefit from a right to cancel, or the circumstances under which the consumer loses the right to cancel;
    So they actually needed to specifically tell you that you wouldn't have the right to cancel (amongst other things).

    Plus:
    17.!!!8212;(1) In case of dispute about the trader!!!8217;s compliance with any provision of regulations 10 to 16, it is for the trader to show that the provision was complied with.
    So its for them to prove they provided this information rather than you to prove they didn't. Both those quotes are from the Consumer Contract (Information, Cancellation & Additional Charges) Regulations.
    Money doesn't solve poverty.....it creates it.
    • Sillychuckie
    • By Sillychuckie 15th May 18, 4:38 PM
    • 1,132 Posts
    • 272 Thanks
    Sillychuckie
    • #5
    • 15th May 18, 4:38 PM
    • #5
    • 15th May 18, 4:38 PM
    OK, thanks.
    I'm sure they are aware of this, but are being difficult.

    I think its a claim in the small claims court (or at least, a serving of the paperwork). I doubt it will go further.

    Do you have any other advice for a next step when a company simply says no?

    Regards,
    SC
    Last edited by Sillychuckie; 15-05-2018 at 4:44 PM.
    • baza52
    • By baza52 15th May 18, 9:44 PM
    • 2,155 Posts
    • 2,244 Thanks
    baza52
    • #6
    • 15th May 18, 9:44 PM
    • #6
    • 15th May 18, 9:44 PM
    what does the email confirmation say? does it mention if you can or cant cancel
    • Sillychuckie
    • By Sillychuckie 15th May 18, 10:09 PM
    • 1,132 Posts
    • 272 Thanks
    Sillychuckie
    • #7
    • 15th May 18, 10:09 PM
    • #7
    • 15th May 18, 10:09 PM
    The email confirmation mentions nothing specific about a cancellation policy.

    It does show:
    1. That I have paid 1.49 additional charge for my 'cancellation waiver'
    2. A link which states:
    Click Here to Change Your Booking
    You can change your booking up to 48 hours prior to the date of departure through our Looking4Parking.com Members Area

    3. Detailed directions, and a link to their Terms and Conditions.
    I thought that this email represented a Flexible booking, as that is what the website lead me to believe.

    Here is a screenshot of the relevant part - the rest is just bumpf:
    https://ibb.co/htO5Jy


    Whether they are in breach of my rights or not, they seem not to care.
    The *only* evidence that my booking is a non-flexible one, is "because they say so". Every tiny bit of paperwork I have on it, suggests it was a flexible booking. I even paid for services available ONLY with flexible bookings, and they happily took the money.
    Last edited by Sillychuckie; 15-05-2018 at 10:20 PM.
    • nyermen
    • By nyermen 16th May 18, 7:35 AM
    • 181 Posts
    • 135 Thanks
    nyermen
    • #8
    • 16th May 18, 7:35 AM
    • #8
    • 16th May 18, 7:35 AM
    Sorry to be obvious - but surely if there was a "technical issue" that allowed you to pay for the waiver, it's feasible that there could have been a bigger "technical issue" meaning you did choose the flexible option despite what they say was actually booked?
    Peter

    Debt free - finally finished paying off 20k + Interest.
    • Sillychuckie
    • By Sillychuckie 16th May 18, 9:34 AM
    • 1,132 Posts
    • 272 Thanks
    Sillychuckie
    • #9
    • 16th May 18, 9:34 AM
    • #9
    • 16th May 18, 9:34 AM
    Hi Nyerman - yes, I suspect you are right.
    The technical issue could be wholly explained, for example, by their system simply capturing the booking as the wrong type.

    Their website clearly states:
    "Non Flexible bookings can not be amended or cancelled".

    Yet, my email confirmation shows:
    "You can change your booking up to 48 hours prior to the date of departure".

    Is your comment meant in support of my case, or theirs?
    Are they allowed to hide behind a 'technical glitch', or would such a glitch do more to support my case?

    Thanks.
    SC
    • unholyangel
    • By unholyangel 16th May 18, 8:15 PM
    • 12,537 Posts
    • 9,823 Thanks
    unholyangel
    OK, thanks.
    I'm sure they are aware of this, but are being difficult.

    I think its a claim in the small claims court (or at least, a serving of the paperwork). I doubt it will go further.

    Do you have any other advice for a next step when a company simply says no?

    Regards,
    SC
    Originally posted by Sillychuckie
    Send a letter before action giving them 14 days to refund or you'll claim against them for a full refund plus any reasonable costs incurred as a result of their breach.
    Money doesn't solve poverty.....it creates it.
    • Sillychuckie
    • By Sillychuckie 30th Jun 18, 6:22 PM
    • 1,132 Posts
    • 272 Thanks
    Sillychuckie
    Following a notice before action letter, L4P refunded me in full.
    Thanks for the help.

    Regards, SC
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

131Posts Today

1,751Users online

Martin's Twitter