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    • Lastly, I will go to the site to get updated images, but from google earth, you can see from the pictures the entrance states it is for the hotel parking, which I follwed instructions and gave my details to the hotel. Where I think my car was parked (it was that long ago I'm not exactly sure) there are signs on the opposite wall, but it was 12.30am, pitch black and they could not be seen.
    • I was planning on collecting up other court cases they have lost, to refer to as part of my evidence, I'm not sure if this is worth doing or could just confuse matters? But there seem to be many where the judge has ruled against them because of confusing and not clearly displayed signage, trespass, as well as their charge being £100, which is more than the Bevis case said was reasonable.    A quick search found this article as one example KBT cornwall lose case article.pdf
    • OK, I will do now. I did look to black out certain things, but I was not sure what I should and should not redact and there was nothing on there that was personal enough for me to be concerned with being made public. So I am happy for all to view, but if you are kind enough to redact what is needed as per the forum rules, that would be amazing. Armtrak Defence documents_compressed.pdf
    • yes but have the landowner paid this years contract fee. no evidence they have in the ws. pop it back up now if you wish. the forum is quiet i'll redact it for you so we have the info.   dx  
    • Thank you all so much for taking the time to comment and help, I really do appreciate it.   Just to elaborate a bit more on the background, just because my lack of knowledge of the process might mean I've actually done things along the way that I did not know what they were and so hadn't mention it.    When they decided to go to court, I was offered mediation, which I took. I offered to pay the reduced rate, just to make it go away, but insisted it was not an admission of guilt, it was a goodwill gesture to save us all the effort of court. They refused and wanted £250.    A court date was set, but in Leeds, then a couple weeks later I received another letter saying it had been moved to London.   I was not aware I had any say in which court it would be held at, but I now understand i have good reason to request it is moved to a local one to me, which is also local to the offending place, I will call the court tomorrow and explain that. But so far I have only been told what is happening, I've not been given the choice for anything.   They seem to be going down the route of a contract breach, not trespass which is interesting. There is a document in the evidence which has the agreement between themselves which I assumed meant they can pursue me.    I am going to visit the site again shortly, at midnight the time of the offence and take pictures to build a case file of the route I took to enter the car park, how it is in the hotel grounds and no signs can be seen.    Am I right in saying, the fact they do not actually have any pictures of my car in the location they say it was in, just because all of the pictures they have were at 12/30am and it was pitch black, I am going to say my car was parked correctly in the hotel side, not on their land and it is then up to them to prove otherwise, which they are not able to do, because the burden of proof lies with the claimant I think?
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Is a hidden charge legal?

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On the way to the shops today, I decided to put in some fuel enough to get me to a BP fuel station. I put in 5 litres which came to £7.34. I went into the service station to pay by debit card. I was then told that as the amount was under £10 I was liable for a £0.50p charge. There were no signs on the pumps indicating that any purchase under £10 would attract a 50p surcharge.

I asked for a VAT receipt and was given one for £7.34 without the 50p. This receipt stated fuel with no breakdown of price per litre. However the debit card receipt was for £7.84 which included the 50p charge.

Can a service station legally charge me the extra for using a debit card because the amount was under £10? Should the VAT receipt show the extra 50p? As said no signs on pumps which is point of purchase.

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Charging to use a debit card which is cash really sounds like another try on..

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Credit cards attract the charge. Debit cards dont.


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This hidden charge is unlawful and since no signage being shown to represent the surcharge then contact the owner in writing and explain this situation and you do intend to take it much further up the chain as in the oil company and if this is scoffed at the report it to the FSA as he must have a credit licence to operate


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I know it is only 50p, but it annoying. Pity someone who only has £8 in their account and goes to pay and cannot because of the surcharge. makes you wonder how many other people have been caught out on this surcharge. Strange that VAT receipt does not show number of litres bought?

I wonder if it is worth reporting to the local Trading Standards. I have never ever been charged a surcharge at a service station for using a debit card to make a payment under £10.00.

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I know it is only 50p, but it annoying. Pity someone who only has £8 in their account and goes to pay and cannot because of the surcharge. makes you wonder how many other people have been caught out on this surcharge. Strange that VAT receipt does not show number of litres bought?

I wonder if it is worth reporting to the local Trading Standards. I have never ever been charged a surcharge at a service station for using a debit card to make a payment under £10.00.

 

Is it allowed to name the said petrol station..

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I've been charged 50p in more than one local shop for card transactions under £5.

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For credit card transactions sure. Debit card transactions do not attract any fee as the banks treat it as cash since it is a direct transfer from your account to theirs.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Is there not a processing fee to pay for either type of card?

 

I thought that this was the reason some shops etc refuse cards for purchases under £5 as it isn't economical for them.

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No fee attached for debit card transactions. My father processes them all the time for his own business. The only cards that attract any sort of processing fee are credit cards.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Learn something new every day. Thanks. :)

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For credit card transactions sure. Debit card transactions do not attract any fee as the banks treat it as cash since it is a direct transfer from your account to theirs.

 

I'm not sure that's right. I used to do the accounts for a shop and they were charged for debit and credit card transactions. It was cheaper for debit cards but there was a charge. It was about 15 years ago so things may have changed since then.


 

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My mobile service provider have charged me three pounds for paying by electronic transfer before. Is that unlawful ?

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Well, my dad banks with halifax for his business and theyve never charged him for processing debit card payments. Only credit card ones. Halifax even said that credit cards are the only ones that get processed.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

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No fee attached for debit card transactions. My father processes them all the time for his own business. The only cards that attract any sort of processing fee are credit cards.

 

Bailiffs add to their existing cut for using one.

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Bailiffs charge random amounts for stupid reasons anyway, They are a relic of the Victorian era, where they were allowed to set their own rates and even send people to prison.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

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Bailiffs add to their existing cut for using one.

 

Scumbags don't care. lol..

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No fee attached for debit card transactions. My father processes them all the time for his own business. The only cards that attract any sort of processing fee are credit cards.

Both card types do attract a processing fee, though ultimately the fee level is dependent on the individual pricing tariff agreed between the merchant and it's acquirer. As such it is possible to have an arrangement whereby you pay higher than normal fees on credit cards and get your debit card transactions for free (or vice versa), though I would say that is far from the norm.

 

The key difference between the debit and credit card fees that the merchant is charged is that debit fees are a fixed amount, whereas credit fees are based on a percentage of the transaction value. For example our fees at work are c. 30p for a debit card and 1.5% - 2.0% for credit card (depending on the type).

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All i know is my fathers business and pretty much every business around where i live ( almost all independent stores/workshops etc) do not charge anything for processing a debit card. They only charge for credit cards.

 

I could be wrong overall, but around here, it is very strange to have a debit card purchase attract a processing fee.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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All i know is my fathers business and pretty much every business around where i live ( almost all independent stores/workshops etc) do not charge anything for processing a debit card. They only charge for credit cards.

 

I could be wrong overall, but around here, it is very strange to have a debit card purchase attract a processing fee.

Ah, maybe we're talking at cross-purposes. The fees exist and are charged to the merchant by their acquirer, but the merchant clearly has a choice of whether or not they then charge their customer a separate fee to recover the cost.

 

So going back to the original petrol station example, the garage would most likely have to pay a fee themselves of 30p - 40p, so for low value transactions (i.e. sub £10) they levy a 50p charge to cover this cost. Presumably for larger amounts there is enough gross profit generated that the 30p - 40p fee is not really an issue.

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I've been charged 50p in more than one local shop for card transactions under £5.

 

Normally the shop will have a sign up stating that you may incur an extra charge for using a debit card for a purchase under £10 and this is before you have bought anything. In a pub, they will generally tell you which is fair enough.

However in this case you obtain the goods first and then you are advised about the additional charge which I think is unlawful, but I have no idea which statute could be used against the garage which is the only garage in Bransford and has the same name.

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It costs the store 30p max to process a debit card payment. If you knew about the charge beforehand you could have acted differently so that would make the charge unlawful if your decision was based upon not knowing the consequences of the action you took. I feel it is too late to recover your money directly but I would write to the company concerned and tell them that their action is open to legal challenge and that you will do your damnedest to ensure your business goes elsewhere because of this action. Tell them that you have already put the complaint in the public domain and that it will do them no good to be seen as profiteering in such straitened times as their costs are not reflected in this punitive charge.

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It costs the store 30p max to process a debit card payment. If you knew about the charge beforehand you could have acted differently so that would make the charge unlawful if your decision was based upon not knowing the consequences of the action you took. I feel it is too late to recover your money directly but I would write to the company concerned and tell them that their action is open to legal challenge and that you will do your damnedest to ensure your business goes elsewhere because of this action. Tell them that you have already put the complaint in the public domain and that it will do them no good to be seen as profiteering in such straitened times as their costs are not reflected in this punitive charge.

Thanks. The service station is not part of a chain as has changed hands several times. We never knew about the charge before hand otherwise would have proceeded to our destination service station. I think they are going down the tunes as only one pump was able to offer us diesel, price is the highest for miles around. Will not be using them again.

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You may not use them again, but it would be nice of you to drop them a line pointing out that there is no warning of this surcharge so others don't fall foul of it.

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