Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: mickR on October 20, 2023, 10:29:01 am
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I don't see the Consumer Rights Act 2015 having any application to a statutory charge.
The angle I would pursue is this: the website says you can get a refund, so you're reasonably entitled to rely on the information given by TfL on its website. I would go down the formal complaint route.
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No my contention is based on the options I was given when performing a task specific to me and my actions on the payment portal.
the refunds were for the accidental payment of the wrong charge, I assumed that to be obvious. as for who again me/the wife/us again obvious I would have thought?
next stop is the complaint procedure.
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The OP's contention is based upon a web page which has a tab titled 'refund'.
Not the most solid of arguments.
Refunds for who, in what circumstances etc. etc?
OP, I suggest that instead of drawing the general from the very specific you write to TfL and get their policy on refunds in respect of the CC and then when you have examined this you could, if necessary, develop more targeted questions.
In fact, why not kill two birds etc. and write and ask them for a refund (explaining the circumstances) which if not forthcoming would they pl explain why and provide you with their policies and the legislation under which these were made.
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so is TFLs policy a Gov AoP ?
Certainly the enabling act is, the rules and regs secondary legislation but AFAIK still regarded as the will of parliament.
TBH I would need to look them all up and anything on refunds may simply be part of TFL's payment structure and more open to arguments
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The relevant document seems to be this: -
https://www.londontribunals.gov.uk/sites/default/files/consolidated-cc-scheme-order.pdf
As far as I can see, none of the current road user charging schemes; congestion, emissions or bridges have a refund process, because when one pays, no date is entered. I suspect nobody has really looked at the revenue arrangements in any detail, except for the 2018 DART case decided by Caroline Sheppard, no less.
Would a council trading standards office be interested ? I have to say I doubt it. Maybe the LGO would take an interest if you get a fob-off from TfL.
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so is TFLs policy a Gov AoP ?
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Think this ought to be in the flame pit not live cases.. I've asked mods to look.
Not surprised TFL are playing hardball but if their website says refund... I want it!!
Terms like "fair" and Consumer rights only really come into commercial law, not acts of parliament...unless you can show that parliament acted unlawfully.... High Court??
Catch 22 at the moment, computer says possible and no... what does the Act say?
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The Wifes auto pay failed to pay yesterday. So this morning paid manually but accidentally paid a congestion charge instead of ULEZ.
She then paid the ulez charge for the month. got the auto pay up and running again.
reviewed payments and clicked CC it says "amend" or "refund"
refund... sorry refund not available.
thought maybe change date from today to future and then reapply.
date changed £2.50 kerching. it then said you can change the date "you can also get a refund" tried again, sorry refund not available.
phoned tfl. said I have screen shots of the statement that I can get a refund. she said sorry no.
so a mistaken payment, not refundable, add amendment cost, not refundable, statement saying get a refund.. not refundable.
now going to make complaint which I suspect will be a waste of time.
question. Are these terms "fair"
are they in breach of the consumer rights act 2015 in any way?