Credit Card Refund/Recall- Parking Fine

pottski

Hi guys,

I have searched the internet regarding this but can't seem to find a clear answer. I'll try and keep this as brief as possible and hopefully somebody can help.

I got clamped in February in a car park, I stupidly placed my pay and display ticket the wrong side up. I paid the £125 by credit card, and the big chap who clamped and de-clamped me told me to send a copy of the valid ticket and they may be able to refund me.

I have sent numerous letters, along with a copy of the ticket with no reply. I have called once, but was told to send a copy of the ticket, so I am going round in circles and in reality realise they will not refund me even If I send valid tickets etc, I still failed to display it correctly.

However, £125 is a lot of money to me and I think common sense should come into play, and I am sure a court would agree. Is there any way I can get this charge refunded via my credit card provider (Natwest) ? If so, do I call them or put the request in writing? I have read that they are often reluctant to do this but I have rights under the CCA?

Any Help would be great.

Tixy

I think you are referring to section 75, http://www.moneysavingexpert.com/shopping/section75-protect-your-purchases this is when you make a purchase and the retailer does not provide you with the service you paid for or the item you bought is faulty etc.

I don't see that it would apply in this case. It sounds like the clamper said you could try appealing the ticket, that would not be the same as them having failed to provide you with what you paid for.

pottski

Thank you for your reply.

Is there any way I can say the payment was made under duress? Bearing in mind It was pouring with rain and I had no other choice to make the payment? It's just frustrating as there appears to be no regulations, ombudsman to go to afgter I have tried to resolve this several times.

Tixy

Have you looked at the board for Parking Fines, Tickets & Parking here on MSE - maybe someone on there could suggest something.

pottski

thanks. will have a look and post over there too.

gnaril

You wont have a chance to reclaim under section 75 in relation to this.

It is a matter of law which the bank cannot decide either way who is correct.

From the other form its likely if you pursue via the courts that you might end up a winner, however there is no breach of contract or misrepresentation will be the response you will likely recieve.

All the best