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Messages - thechosenone

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1
Private parking tickets / Re: Charge on credit card without consent
« on: July 22, 2024, 03:11:52 pm »
Hi all, thank you all for your time and help.
I wrote the car rental company an email requesting a refund for the 70 pounds and awaiting their reply.

Re the question ...

.....may I posit that the Man on the Clapham Omnibus(it would broaden my knowledge if the OP could give us a US equivalent!) would simply write to the hire company and ask for their money back?

*- https://en.wikipedia.org/wiki/Man_on_the_Clapham_omnibus

... seems to me that the American term is a "reasonable person" .... and I believe I am such a man .... :-)

Thank you again, and I shall update with the outcome.

2
Private parking tickets / Re: Charge on credit card without consent
« on: July 22, 2024, 03:47:04 am »
Thank you all for your time and inputs, highly appreciated!
By the rental agreement I was the only one authorized to drive the car, so I don't know if I can claim that the driver is unknown by me ...
The parking lot serves only this hotel and the hotel immediately told me they will take care to cancel the bills.
I took the numerous advice and sent them this email below .... I will report back what they say.
If that does not work, then I will dispute with the credit card company (the CC company expects at least such an attempt before disputing).

Thank you again !

====================
Here's the email:

Dear Enterprise Service,

I have received 2 emails such as the one attached below for which you have charged my credit card £70. Please refund these charges asap.

Indeed the agreement does state that "an administration fee of up to £45 in the UK and up to €35 in Ireland for processing any fines or offences against the Vehicle, Owner, Renter, any Authorised Driver or any other person Renter permitted to use the Vehicle during the Rental Period, unless caused through Owner’s own fault;".

This statement was not present in the Rules and Restrictions document presented to me when making the rental car reservation. It was only presented to me verbally while picking up the car and as an addendum to an email I received while / after picking up the car. Not sure if this is legal, but it is definitely not honest. 

Regardless:

1. You have simply received an invoice by a private company. This private company is in no shape or form an authority that can issue fines or penalties.
2. The two bills by the parking company associated to the Holiday Inn hotel in Cambridge I was staying in have been cancelled by request of the hotel as they were issued by their mistake. You may review the attached email from the hotel confirming that. Hence, the driver committed no "offence" and received no "fine".
3. The agreement does not grant you the permission to charge my credit card without my consent. You should have first received my consent to such charge prior to any charge. Since I did not issue such a consent, the credit card charge you issued on my credit card is illegal.


Please refund the amount you have charged my credit card.

Best regards,
Guy

3
Private parking tickets / Charge on credit card without consent
« on: July 21, 2024, 06:12:52 pm »
Hello,

The events are in England, I am an American with an American credit card.

I took a rental car at a rental company in Heathrow airport.

The rental agreement does say (in some addendum sent by email...): "an administration fee of up to £45 in the UK and up to €35 in Ireland for processing any fines or offences against the Vehicle, Owner, Renter, any Authorised Driver or any other person Renter permitted to use the Vehicle during the Rental Period, unless caused through Owner’s own fault;".

I stayed at a hotel in Cambridge for a few days, parking there the rental car.
I returned the rental car to the rental company and left England for the USA.

Some time after my stay, the hotel parking administrator issued me two parking violations for not paying for parking for two days.
Some time after I reached back home in the USA, I got an email from the rental company saying the following ...

The rental car company:
1. "processed" the citation, which means they sent the parking lot operator my information, and the citation to me by email.
2. they did *not* pay the fine. They explicitly told me that I will be paying the fine separately.
3. they went ahead and charged my credit card 35 pounds per ticket for processing - without getting my consent beforehand.

Next, the hotel administrator canceled the two citations - they were issued by mistake ...

So my questions are :
1. Does the agreement note/text above give the rental company authorization to charge my credit card without prior notification to me, giving me a chance to object?
[I would think that not - that opens the possibility for two rogue companies to conspire on issuing false charges with the intent of charging processing fees even if the parking bill itself is later on canceled]

2. Does the rental company providing the parking lot administrator my information + sending me an email with the details of the citation count as "processing", thus  justifying a 35 pounds charge (per ticket) ?
[I would think that "processing" means actual payment, not just sending two emails, cause then there is the risk I won't pay the rental company back for the fine they payed already]

3. Does a private parking lot company claim that I owe them money count as a "fines or offences against the Vehicle, Owner, Renter" ?
[I would think that a fine is issued by a government entity ; a private company does not issue fines but only a bill ... I would think]

Thank you for your time taken to read and answer my questions.

Best,
Guy

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