In February 2022, Which? member Guy Liddell, who lives in Wakefield, booked to park his vehicle with Looking4Parking through a flight website. However, he accidentally booked to park twice using the same vehicle registration number and sought a refund for the extra booking. The airline told Guy to contact Looking4Parking, which he did the same day by email and letter. Looking4Parking said its terms and conditions stated that refunds would not be given under any circumstances. Guy believed that these refund terms were easy to miss as they could only be accessed through a link with a small typeface. At this point, he got in touch with Which? for advice.
Under section 62 of the Consumer Rights Act 2015, the terms of a contract are considered unfair if they’re not made in good faith and cause a significant imbalance in the relationship between the trader and consumer, to the detriment of the consumer.
We advised Guy to send a ‘letter before action’, making it clear that the terms of the contract were unfair and not displayed prominently and transparently, and warning Looking4Parking that if it didn’t respond in 14 days, he would take the company to court. After this letter, Guy received a full refund. Looking4Parking said: ‘Customers are presented with a clear link to terms and conditions prior to booking that state bookings are non-refundable. However, we will consider Mr Liddell’s feedback when reviewing our T&Cs.’