Is this legal? Wilsons parking shenanigans

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tehgerbil

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#315886 28-Aug-2024 08:40

Hi Everyone,

Down Deans Ave in Chch there's the hospital parking, which has contactless payment machines at the entrance to allow for paying upon exit.

Context:
You drive up, insert your card and this your parking fee is displayed twice:
"OUTSTANDING AMOUNT:
$6.50"

"PRESENT CARD:
NZD $6.50"

However if you scan your paywave card/phone you're charged 60c 'transaction fee' without warning:

I feel this breaches the Fair Trade Agreement - Lack of specific information about the $ figure being applied at the point of sale.

I particular feel this is insidious preying on people leaving a hospital carpark, often an emotionally charged event in itself.

And in this instance it's nearly 10% of the ticket price, which is well beyond the ~2% credit card banking surcharge.

I utterly loathe Wilsons with a passion, but the simple fact is they have a monopoly on parking options in Christchurch.

What are your thoughts? Is this a grey area or straight up illegal?

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TEAMnetwork

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#3275973 28-Aug-2024 08:45

Payment fees are legal but must be fully transparent with the customer

You should also be able to do eftpos with no fee.

Any views expressed on these forums are my own and don't necessarily reflect those of my employer.

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nova

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#3275975 28-Aug-2024 08:53

Consumer NZ's benchmark is 2.5%, this is well above that. In your photo is does say that Paywave transaction fee applies, but doesn't give an amount. I wonder if the fee also applies if you insert the credit card, as the message only refers to paywave?

Seems like very poor form from Wilsons with how they have set this up, but also not especially surprising, given that it is Wilsons.

See this for some commentary from Consumer NZ, which also mentions parking surcharges:

https://www.newshub.co.nz/home/money/2024/02/consumer-nz-wants-more-done-to-bring-paywave-surcharges-down.html

Bee

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#3275976 28-Aug-2024 08:54

Wilson Parking are absolute #@$%^m, but disregarding that, saying "please pay $6.50" then "you paid $7.10" has to be completely illegal???

At the very least it should say:
"Outstanding amount $6.50"

"Please pay $7.10 (including fees)"

Doesnt seem that hard to me.

Doing your best is much more important than being the best.

sen8or

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#3275982 28-Aug-2024 09:16

I didn't think they were allowed to charge any more as "fees" other than what the fee actually represents? Essentially, they aren't meant to profit from card fees?

On a $6.50 transaction, I would estimate interchange / contactless fee to be around 15 - 20c or so, certainly not 60c

SirHumphreyAppleby

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#3275983 28-Aug-2024 09:16

Even the Commerce Commission seems to be on the fence about this one...

To surcharge appropriately you must:
1. be transparent about the surcharge and the
customer’s options ahead of paying it;

2. provide your customers with at least one
alternative payment method that does not
incur a surcharge; and

3. set surcharges so they do not exceed the
additional cost of accepting the retail payment
that the surcharge applies to. In most cases,
this is likely to be the merchant service fee for
those payments.

And from the same document...

However if you do surcharge, there
should be at least one payment method which is
not surcharged.

In answering your question... lack of transparency, straight up illegal. Not offering a method of payment without a surcharge, grey area. In this instance, given they always incur a ~~surcharge~~ transaction fee, it should be built into the cost of the shortest billable period and displayed as such on signage IMO.

Senecio

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#3275992 28-Aug-2024 09:56

There's probably a sign somewhere in the carpark. most likley dwon the back corner miles away from the payment terminal and anywhere that people would normally go. Wilson's will claim that that sign explains everything making it all legal.

tehgerbil

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#3275998 28-Aug-2024 10:12

Senecio:

There's probably a sign somewhere in the carpark. most likley dwon the back corner miles away from the payment terminal and anywhere that people would normally go. Wilson's will claim that that sign explains everything making it all legal.

I'll go back and take more photos for context! :)

elpenguino

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#3276050 28-Aug-2024 10:28

nova:

Consumer NZ's benchmark is 2.5%, this is well above that.

FWIW in Wellington, the council's on street machines charge 50c transaction fee for a swipe of a credit card.

So for $2 park thats a high percentage but at least they warn on screen which is the bare minimum we expect these days.

Most of the posters in this thread are just like chimpanzees on MDMA, full of feelings of bonhomie, joy, and optimism. Fred99 8/4/21

Bung

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#3276052 28-Aug-2024 10:40

Above the card reader there's a sticker that says "Paywave transaction fee applies." So no amount but some warning.

boosacnoodle

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#3276077 28-Aug-2024 11:52

Contact your bank to dispute it and see what they come back with.

richms

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#3276078 28-Aug-2024 11:52

sen8or:

I didn't think they were allowed to charge any more as "fees" other than what the fee actually represents? Essentially, they aren't meant to profit from card fees?

On a $6.50 transaction, I would estimate interchange / contactless fee to be around 15 - 20c or so, certainly not 60c

That is if it is a surcharge for the type of card used.

They can add on other fees. Otherwise ticketek would not be doing what they are doing.

The problem is that they are not telling people ahead of time, or offering a method to pay the listed price on the price list.

It becomes part of the price like the BS "fuel surcharge" that freight companies apply to every shipment you send, and therefore should be listed as part of the price.

Richard rich.ms

Oblivian

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#3276088 28-Aug-2024 12:18

Hah.
That's a well done skirt around the requirements. Alternative offered.
Charges advised.

Silent rubbing of hands Knowing they'll get an extra 60c from people for the ease of tap contactless pleasure - priceless.

tehgerbil

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#3276249 28-Aug-2024 15:21

This just gets more dodgy.

Ok, so caveat here, there are 2 places I cannot/have not checked:
1 - On the display as you leave BEFORE you insert your parking chit.
2 - On the parking chit itself.

Aside from that I could find the parking fee info in 3 locations:

1 and 2 - On large displays angled to only display to incoming cars only at their entrances:

Example of being hidden from view when you leave:

My photo of that sign:

And then on the main pay machine which is situated in the middle of the carpark:

Most bizarrely it rotates through 3 screens, only one of which is the rates.
Or if you tap the rates button.

And that's it. 3 locations (2 unchecked).

I'm going to park there tomorrow and take a photo of the chit to see if it's at least displayed on it of your start time and $ time limits.
That would be a minor redeeming feature..

I have not gone online to check, but as this is a hospital carpark you're going to have a large patronage of societies most vulnerable who are also more unlikely to have a mobile and having no credit/phone should not be a barrier to see parking fees.

I don't know, am I over reacting here?

eracode

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#3276251 28-Aug-2024 15:28

I think that, because it’s clearly shown on the Rates notice at the entrance, they’re covered - as much as we hate them and the charge.

Sometimes I just sit and think. Other times I just sit.

SirHumphreyAppleby

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#3276259 28-Aug-2024 15:35

eracode:

I think that, because it’s clearly shown on the Rates notice at the entrance, they’re covered - as much as we hate them and the charge.

I don't consider it clearly shown. It's in small font, a different colour with reduced contrast, separated from the rates and below the heading "Hours of operation". If they were being upfront about costs, it would be built into the costs or at the very least displayed as prominently as the rest of the fees.

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