Prohibition on Payment-Method Surcharges (S.I. 203/2025)
S.I. 203/2025 amends the payment provisions of the Vehicle Clamping Act 2015 to prohibit a parking controller from imposing additional fees based on the payment method used (e.g. surcharging credit-card releases versus cash). Any operator that adds a card-payment surcharge to the release fee is in breach of the 2025 regulations. The driver can demand a refund of the surcharge component and, on refusal, lodge a second-stage appeal — the surcharge itself is grounds.
Legal basis
S.I. No. 203/2025 — Vehicle Clamping Act 2015 (Appeals Procedure) Regulations 2025 (payment-method neutrality provision); EU Directive 2015/2366 (PSD2) art. 62(4) (no surcharges for consumer card payments).
How to identify this in your case
Compare the receipt against the published clamp-release fee. Any 'service fee', 'card fee', or 'processing fee' above the prescribed release amount is unlawful.
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Related appeal grounds
- Aggressive Language / Threatening Wording (Code Breach)
- Clamp Release Fee Cap — Statutory Maximum Overcharging Defence
- CRA 2015 / UTCCR 1999 — Charge Must Be Genuine Pre-Estimate of Loss, Not Penalty
- CRA 2015 ss.62-69 — unfair terms in private parking contracts
- Dunlop Pneumatic Tyre v New Garage [1915] — Penalty Clause Rule
- E-scooter rental — not the named hirer (account compromise/family use)