Money taken by parking company

[salsagal]

Hi this is my first post and I apologise if it goes on a bit. However, I would be grateful for any advice anyone can provide.

 

Until recently I had a parking contract with a private company close to my workplace. This car park is in an area that is only used during the week Mon - Friday, at weekends it is empty. I had an allocated parking space.

 

One Sunday my daughter parked her car in the car park on a Sunday and on returning to the car found a parking penalty notice on her windscreen. As many people do, she panicked and immediately contacted the company providing her bank details and paying the sum of #50 which was the sum requested if paid within 14 days.

 

Had I been aware of this before she paid, I would have told her to ignore it.

 

The following week she parked there again, this time using my parking permit. Again, she was issued with a penalty notice.

 

This time I told her to ignore it and if they subsequently contacted her after obtaining her address from the DVLA, then we would deal with it then.

 

She heard nothing.

 

Now some 5 months later, without notice and/or authority, the parking company have debited her bank account the sum of #90, obviously using the details provided when the first notice was issued.

 

Obviously, I will be contacting them to request repayment of the money, which I anticipate they will not do.

 

I would be grateful for any advice on what the next step should be as I am unsure on what grounds I should be disputing their actions. Have they acted unlawfully in making the second unauthorised deduction?

 

Thanks

[lamma]

what does your parking contract say exactly ?

[Conniff]

You can cite this for a start:

 

Under common law, disproportionate and punitive charges have always been illegal. In layman’s terms, if a consumer breaks the contract the other party cannot impose a charge greater than the reasonable estimate of its loss. That common law has been unchanged for 100 years, and numerous cases in the higher courts have confirmed it.

The rights in question are protected by statutory instrument. The Unfair Terms in Consumer Contracts Regulations 1999 made that clear.

 

As the carpark is empty weekends they have lost nothing.

 

So you should threaten that unless the money is refunded within 7 days, you will issue a court summons which will also include court costs.

[adamna]

For both charges I hope.

There is also the issue of them using the card details from a previous transaction for an unauthorised transaction. I had Tiscali do that, card co. didn't want to know so I wouldn't hold out too much hope there, but you could try.

[salsagal]

At the time there was no contract as such in force. It was a case of calling a telephone number and requesting availability which was given and then providing bank details for monthly payments to be made. No other written terms and conditions were given. This did change very shortly after these 2 incidents, when they a letter was sent setting out that the amount I paid was for mon - fri and was valid for authorised/registered vehicles that wer e registered to use the space.

 

Notice of these conditions had been sent a few weeks earlier but stated that they would come into force on a specified date, which was after my daughter had parked there.

 

I do consider the amounts to be wholly disproportionate in any event, especially as the car park is unused at weekends.

 

they also cannot confirm the identity of the driver on the second occasion as there second notice was ignored, so presumably that is an argument that could be used. The only problem I suppose would be if Court action was taken and the matter went to a hearing, my daughter would have to admit that she was the driver if asked?

[crem]

Surely the use of the card details on the second, (unauthorised) occasion is fraud, pure and simple. If a shop re-used your card details from a previous shopping trip I am sure it would be a police matter as fraud and/or theft.

[patdavies]

Surely the use of the card details on the second, (unauthorised) occasion is fraud, pure and simple. If a shop re-used your card details from a previous shopping trip I am sure it would be a police matter as fraud and/or theft.

 

 

Why? I use various on-line stores as well as E-Bay/Paypal. Your card details are stored and automatically debited when you shop.

[crem]

Why? I use various on-line stores as well as E-Bay/Paypal. Your card details are stored and automatically debited when you shop.

 

Yes, but as you say, you have shopped for a second time, and have the opportunity to add/amend/delete a card record as part of that process. Having got to the end of the new transaction you once again authorise them to process your records and take the money. You can abort the new transaction at any time before you reach the "authorise" screen. In the PPCs case, they have simply processed an old record that they believe was used for that same vehicle previously.

 

What if the first payment was made by "the driver" who parked the car on that first occasion, but they weren't driving on the second occasion? The "new driver" is responsible for the new contract parking? What if the car was sold between the first parking and the second?

[Al27]

There's a difference between storing card details and debiting amounts without permission.

 

Your card details are stored and automatically debited when you shop.

The key here is 'when you shop'. Using the card as this parking company is doing is pretty much like Amazon debiting your card for every item you viewed on their site.

 

This situation is fraud and the OP needs to talk to their bank.

[Conniff]

There can be no other explanation than these companies are being run by Nigerians. I see no difference in this and the spam emails they are flooding the world with.

[Steve__M]

Call the bank. Tell them that the debit is unauthorised and fraudulent. Insist that they reverse it. Probably you should cancel the card and ask for a new one to be issued.

 

If they don't act, go to the Police and insist on a crime number.

[Spunkymonkey]

What Steve_M says, but report it to the police anyway, before writing to your bank. The use of the card in this way is illegal, pure and simple.

 

You'll probably get nothing out of them apart from a reference number, but you can then include that in letters to anyone else which gives a pretty clear signal that you're serious.

 

Also, if you can get details, contact their bank and the card processing company that authorised the payment (your bank should be able to give those details). Don't shout at them - simply explain to them that the company has retained and used details given previously to take an unrelated and unauthorised payment.

 

They should take this seriously because they rely on the integrity of businesses for the system (and their business) to work. If that integrity fails then eventually people will stop using cards.

[salsagal]

Thank you all so much for your advice. It certainly seems as if there are 2 issues to be addressed, the unauthorised use of the card for the second fine and the illegality of the charges in the first place.

 

I have told my daughter to contact her bank to report this and obtain their full contact details and I will then write to them demanding repayment of the monies.

 

I am quite happy to issue a Summons in the Small Claims court if correspondence fails.

 

Thank you again

[Al27]

Ignore the PPC. You need to report an instance of fraud to your bank on the telephone and get your card cancelled. This is no different from having your wallet nicked and someone guessing your PIN number.

[sameagle]

If your Bank do not reverse the payment, thus demonstrating that they are aiding and abetting these crooks, then perhaps you might care to publish the name of the Bank on here?

 

Note that I have refrained from referring to the Bank as "crooks", because we all know that they are all honest, decent companies, aren't they?

 

Ensure that your Bankers, know that you are going to put it on the 'Web, I spent 13 years working as an Engineer for a High Street Bank, and I can assure you that the last thing they want is adverse publicity - they detest it!

 

Sam the Eagle

[salsagal]

The matter has been reported to the bank and they advise they will send out a form to report the fraudulent transaction.

 

I have also written to the company that have illegally debited my daughter's account (CPS Enforcement Ltd), by email and recorded delivery letter demanding that they refund the money within 7 days.

 

Will just have to wait and see what happens next.

 

I didn't realise that the bank could be expected to reverse the transaction.

[lamma]

their website shows that their charges or not an estimate of loss. and shows many other things as well. go get 'em.