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.
Sample appeal wording
Sample wording to adapt and send yourself — it may not fit your notice or the stage you are at. Replace the bracketed prompts with your own details; leave any case citation as it is.
The receipt shows an additional [€X] charged as a 'card payment fee' over and above the prescribed clamp-release fee. This is prohibited by S.I. 203/2025 (payment-method neutrality), which forbids imposing additional fees based on payment method. I demand a refund of the surcharge and reserve the right to escalate to the Clamping Appeals Officer under VCA s.22.
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Scan your PCN — our AI checks if this ground applies to your specific ticket, drafts a properly-cited appeal letter, and sends it for you where the council takes email — guiding you through their own online form where they use one, so you press submit. The win fee is only charged if you win.
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Related appeal grounds
- Clamp Release Fee Cap — Statutory Maximum Overcharging Defence
- CRA 2015 Unfair Term / Disproportionate Charge (post-Beavis)
- E-scooter rental — not the named hirer (account compromise/family use)
- Enforcement policy not equality-screened (Northern Ireland only)
- Northern Ireland: debt too old to enforce (6-year limit)
- Penalty Rule — Charge Out of Proportion to Legitimate Interest (Beavis 2015)