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#Post#: 7847--------------------------------------------------
TFL No refund policy
DIR By: mickR
Date: October 20, 2023, 4:29 am
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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?
#Post#: 7849--------------------------------------------------
Re: TFL No refund policy
DIR By: DancingDad
Date: October 20, 2023, 4:46 am
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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?
#Post#: 7852--------------------------------------------------
Re: TFL No refund policy
DIR By: mickR
Date: October 20, 2023, 5:04 am
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so is TFLs policy a Gov AoP ?
#Post#: 7856--------------------------------------------------
Re: TFL No refund policy
DIR By: fraser.mitchell
Date: October 20, 2023, 6:07 am
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The relevant document seems to be this: -
HTML 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.
#Post#: 7857--------------------------------------------------
Re: TFL No refund policy
DIR By: DancingDad
Date: October 20, 2023, 6:12 am
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--- Quote from: mickR link ---
>
> so is TFLs policy a Gov AoP ?
>
--- End Quote ---
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
#Post#: 7866--------------------------------------------------
Re: TFL No refund policy
DIR By: H C Andersen
Date: October 20, 2023, 8:22 am
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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.
#Post#: 7869--------------------------------------------------
Re: TFL No refund policy
DIR By: mickR
Date: October 20, 2023, 9:10 am
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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.
#Post#: 7971--------------------------------------------------
Re: TFL No refund policy
DIR By: ivanleo
Date: October 21, 2023, 9:12 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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