A Boardsie got clamped ...

[sean]

Was just checking out boards and I read that a poster got clamped a Rush And Lusk station. Poster said he was charged €120 + €5 for using a credit card - Mark, at the AGM you said something about how if NCPS takes more from your account that you can get the CC company to refund the whole thing.

I'd like to know if that can be done for this poster. Could you (or someone else here) plz give some pointers to that guy, or explain the setup here so that someone else can relay some advice.

Original post is here.

BTW, got clamped there yesterday so be aware! 120 plus 5 for paying by CC (the only way allowed on the automated phone payment).

[Mark Gleeson]

Clamping fee is 125 so in that case no one was overcharged

[plant43]

The clamping charge is 120 euro according to the signs on display. Regarding the boards.ie user, if he was informed during the process that there was a 5 euro fee for cc transactions then he has no comeback

[Thomas Ralph]

If, on the other hand, he was not informed of the charge, then he can request his bank to refund the sum paid. This is known as a chargeback.

[grainne whale]

According to E U law, an (non private sector) agency cannot charge an administration fee for using a credit card. A friend of mine who was clamped at Maynooth pointed that out to NCPS and got all his money back.!!

[igy]

What's the legal meaning of the word 'agency' though? Does it apply to private companies? I've seen plenty of places charge extra for credit card usage, a processing fee etc. Ryanair anyone?

[Mark Gleeson]

Thats makes two reasons

1. Being charged an amount different to the fee. It its breech of the rules for retailer to charge a greater amount to the credit card

2. This new EU regulation, but don't see Ryanair having a problem charging the fees

[grainne whale]

Originally Posted by Mark Gleeson

Thats makes two reasons

1. Being charged an amount different to the fee. It its breech of the rules for retailer to charge a greater amount to the credit card

2. This new EU regulation, but don't see Ryanair having a problem charging the fees

Eu Law regards the provision of carparking as a service, so is releasing a clamp, and Ryanair are selling seats on aircraft. You cannot be charged for a service under EU law, for concert tickets etc. you can be charged.

[Mark Hennessy]

Originally Posted by grainne whale

According to E U law, an (non private sector) agency cannot charge an administration fee for using a credit card. A friend of mine who was clamped at Maynooth pointed that out to NCPS and got all his money back.!!

Nice info, thanks!

[Thomas Ralph]

Originally Posted by Mark Gleeson

Thats makes two reasons

1. Being charged an amount different to the fee. It its breech of the rules for retailer to charge a greater amount to the credit card

2. This new EU regulation, but don't see Ryanair having a problem charging the fees

I don't think either of those are correct.

There is no law against charging the customer a fee which is greater than the actual cost to the merchant. Merchant agreements require that fees are proportionate to the merchant's cost of accepting the card, but they're not enforceable by a consumer against the merchant.

EU regulations have no effect unless they're transposed into Irish law, which is normally done by a statutory instrument. I'm not aware of any SI relating to card payment fees; I suspect we'd have heard a lot more about it and that card fees wouldn't be standard practice in the travel industry if there was one.

Section 48 of the Consumer Protection Act, 2007 (see this link) would make it illegal to charge any credit card fee, but Mary Coughlan hasn't signed a commencement order for it.

All that said, however, if the amount you're actually charged is different from the amount that you were told you would be charged, then you are entitled to a refund from your card company. It's at their discretion whether to refund the difference or the whole amount, but it takes less processing to request the whole amount. The process is called a Code 80 chargeback, and takes a few weeks.