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We was parked in asda car park on 21/12/12 in the evening thinking it was a parent with child parking with our grandaughter,

 

after our shopping we returned to our rental car as ours was in the garage being repaired as a woman had drove into us,

 

to find a ticket,

 

we went back into the store to complain & they told us that we was parked in a disabled space,which was an honest mistake.

 

We spoke to the manager of the store & explained that we thought it was a parent & child space,

he said he will make a call to see what he could do.

 

He returned after around 10-15 minutes & said that he had sorted it & the ticket was wavered & to be careful in future where we parked.

 

Today,19/4/13,

i had a letter from the car hire company thanking us for a payment of £130,

when i rang them to ask what the payment was for

they said it was for a car parking ticket that we had received from asda on 21/12/12

which had been taken out of our bank account without us knowing

& it had gone up to that much because it had not been paid!

 

I explained to them that the manager had told us that it had been wavered & we had nothing to pay so they told me to get onto asda for a refund.

 

I rang asda & they said it was nothing to do with them & the manager cannot remember saying that to us,

so we went to the store this evening & saw another manager who is going to have a word with the other manager

& talk to head office to see if anything can be done about it

,like we told him,

fair enough it was a genuine mistake & if we had to pay the £40 fine then ok we would of,

but he told us that it`s been wavered & to forget about it,

which we did,

 

but now we`ve had £130 taken out of our account for the fine.

 

Can anyone please help with any advice,

 

the manager is supposed to be ringing me again on monday to tell me the outcome

& i would love to have some ammunition to throw back at him if his reply is negative.

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it is NOT A FINE

 

its a speculative invoice

 

no legal standing

 

as for the 'parking space' parent & child or disabled..

 

ANY bay/road marking on PRIVATE land are PURELY GRAFFITTI

 

and have NO LEGAL STANDING whatsoever.

 

now

you need to light a rocket under the seat of the hire company...

 

YOU NOR THEY, signed ANY kind of contract for them to deal UPON YOUR BEHALF

with any THRID PARTY you enter into a contract with.

 

they SHOULD NOT , have paid the speculative invoice

on your behalf

let alone from YOUR CARD ACCOUNT.

 

they have broken several rules here.

 

phone your bank NOW [your card holders bank]

 

tell them you want a CHARGEBACK for an unauthorised payment

 

they must refund you immediately and investigate LATER

 

don't take NO for an answer

many banks are unaware of chargeback

 

http://whatconsumer.co.uk/visa-debit-chargeback/

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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YOU NOR THEY, signed ANY kind of contract for them to deal UPON YOUR BEHALF

with any THRID PARTY you enter into a contract with.

 

You don't know what was signed. Contracts do sometimes state that charges incurred will be settled and billed to the hirer. Your arguments about whether it is a charge or invoice etc are perfectly valid, but it would take a court to make a ruling on that in the (inevitable) event of a disagreement.

 

At present, I think the best thing to do is await Asda's response. If no joy, I think the OP should get the name of the manager who he originally spoke to and try and arrange to speak directly to him.

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of course there is that side to it.

 

however i'm not sure if its hire or lease agreements that state the 'any charge' along with the long list of

local authority, police speeding fines etc etc.

i'd also seriously question their authority, 4mts later

to use the card details of the hirer.

 

if the car was only hirer for a few days

 

I cannot see there being any data retention laws that allow them to do this.

 

if they have used a bank Continuous Payment Authority to do this

 

they are very much on dodgy legal ground with regard to retention of data

esp if the contract has already ended

 

they CANNOT now, use CPA, if the contract for hire has ended.

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Charge back is a must

 

get on to asda head office Formal complaint

 

Regarding disabled bays the local authority issue them so are for council car parks and roads

 

so they have no standing in a private car park


If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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on your hire contract they are able to charge your card for PROPER parking fines and speeding related offences under the TMA act 04

however as this is a private parking charge notice they cannot charge you, you have signed nothing to this effect

 

chargeback is a must

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Just to reiterate what has gone before - do a chargeback.

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do a chargeback and tell the hire company why you are doing it and add that if they want to pay these cowboys' speculative invoices it is up to them but you have no contract with them and dont like the hire company stealing your money.

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you have no contract with them

 

That's obviously not true. The issue here is over interpretation of terms. A court can decide - no-one on this forum can. If he can get the bank to agree a charge back then fine, but let's keep it real.

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