Claiming a Refund of Payment Following Cancellation of PCN By Landowner's Agent

wheeles

Despite sending 3 emails and a letter including proof of payment and requesting a refund due to the PCN's cancellation, I have received no response regarding that.  

Instead, on Friday 21 January, my elderly mother received a second demand for payment, despite having already paid within the initial 14 day period.  They claim that she was offered a discount for early payment, and are falsely claiming that they have received no payment from her.  Now they are demanding a payment of £100 to be paid within 14 days of the issue date of this second demand.  The deadline for payment in that letter is 28 January.  I have instructed my mother not to pay it.

Is it standard practice of these companies to ignore any payments in that initial period and send out reminders in the hope of getting more money from unwitting victims?

I have contacted the landowner's agent, who sent the email confirming cancellation of the PCN, and have requested their assistance in this matter.  It may take a few days to hear back from them.

Do I sit tight and wait for a reply, or should I now submit a complaint to the BPA?  If so, is there any specific wording that I should use, or points to include?

I have yet to write to my MP.  Is now the time to do it?

Coupon-mad

Chargeback?

BrownTrout

Coupon-mad said:

Chargeback?

Exactly should have been first thing that should have been done but advice often gets ignored....

Half_way

A chargeback is something that should only be done as a last resort - however the OP could eb at this stage already.

One thing that must be done before initiating a chargeback is to inform the other party that this will be happening, and give them a few days ( ie 5/a working week) to respond and refund

Likewise with the card company it may be necessary to  explain things should they get confused .

Odds on the person at the card company will think this is a fine so it might be best not to even mention it as a parking ticket/charge / notice, just a service charge

wheeles

BrownTrout said:

Coupon-mad said:

Chargeback?

Exactly should have been first thing that should have been done but advice often gets ignored....

The advice is not being ignored.  That's still very much on the table.  However, I am giving the landowner's agent the chance to resolve the situation before I go down that route.

A chargeback can only happen if the counterparty has been given every opportunity to refund the transaction.  By approaching the agent and exhausting that avenue, I can argue that I have, and there would be less chance of a clawback should they appeal.  Also, the deadline I set for repayment has not yet passed.

I consider a chargeback to be an escalation as it will result in a fee being levied on the counterparty, I don't want them coming back, seeking that too.  All along, I believe I must stay reasonable and be able to defend my actions should it come to court.

For the time being, is a complaint to the BPA the next appropriate step as a response to this second letter?

wheeles

Half_way said:

A chargeback is something that should only be done as a last resort - however the OP could eb at this stage already.

One thing that must be done before initiating a chargeback is to inform the other party that this will be happening, and give them a few days ( ie 5/a working week) to respond and refund

Likewise with the card company it may be necessary to  explain things should they get confused .

Odds on the person at the card company will think this is a fine so it might be best not to even mention it as a parking ticket/charge / notice, just a service charge

That's exactly my thinking.  I have already sent a letter/emails setting a deadline.  That deadline has not yet passed.  If the chargeback is unsuccessful, or results in additional elevated demands, then I would consider legal action the following step.

patient_dream

wheeles said:

Half_way said:

A chargeback is something that should only be done as a last resort - however the OP could eb at this stage already.

One thing that must be done before initiating a chargeback is to inform the other party that this will be happening, and give them a few days ( ie 5/a working week) to respond and refund

Likewise with the card company it may be necessary to  explain things should they get confused .

Odds on the person at the card company will think this is a fine so it might be best not to even mention it as a parking ticket/charge / notice, just a service charge

That's exactly my thinking.  I have already sent a letter/emails setting a deadline.  That deadline has not yet passed.  If the chargeback is unsuccessful, or results in additional elevated demands, then I would consider legal action the following step.

You must do the chargeback tomorrow.  Debit cards allow 160 days and cedit cards much longer

WHY ... because, even if the landlord says he cancelled it does not mean the PPC will pay you back

You claim a chargeback that you paid under duress and that the landowner had cancelled.

Going to court, you will have to involve the landowner, it will cost in time and money
No doubt you would win but it's much better to let your bank or credit card company take the strain.
They must do something and it will probably be in your favour

Let us know but inact your chargeback tomorrow

KeithP

patient_dream said:

wheeles said:

Half_way said:

A chargeback is something that should only be done as a last resort - however the OP could eb at this stage already.

One thing that must be done before initiating a chargeback is to inform the other party that this will be happening, and give them a few days ( ie 5/a working week) to respond and refund

Likewise with the card company it may be necessary to  explain things should they get confused .

Odds on the person at the card company will think this is a fine so it might be best not to even mention it as a parking ticket/charge / notice, just a service charge

That's exactly my thinking.  I have already sent a letter/emails setting a deadline.  That deadline has not yet passed.  If the chargeback is unsuccessful, or results in additional elevated demands, then I would consider legal action the following step.

Debit cards allow 160 days and credit cards much longer.

That is wrong. As I mentioned earlier the Chargeback time limit is 120 days, not 160 days.

That applies to both debit and credit cards.

Credit card refunds can also be 'refunded' through Section 75 of The Consumer Credit Act 1974, and as you say, the time limit for that is much longer - six years - but that's not relevant here.

patient_dream

KeithP said:

patient_dream said:

wheeles said:

Half_way said:

A chargeback is something that should only be done as a last resort - however the OP could eb at this stage already.

One thing that must be done before initiating a chargeback is to inform the other party that this will be happening, and give them a few days ( ie 5/a working week) to respond and refund

Likewise with the card company it may be necessary to  explain things should they get confused .

Odds on the person at the card company will think this is a fine so it might be best not to even mention it as a parking ticket/charge / notice, just a service charge

That's exactly my thinking.  I have already sent a letter/emails setting a deadline.  That deadline has not yet passed.  If the chargeback is unsuccessful, or results in additional elevated demands, then I would consider legal action the following step.

Debit cards allow 160 days and credit cards much longer.

That is wrong. As I mentioned earlier the Chargeback time limit is 120 days, not 160 days.

That applies to both debit and credit cards.

Credit card refunds can also be 'refunded' through Section 75 of The Consumer Credit Act 1974, and as you say, the time limit for that is much longer - six years - but that's not relevant here.

Yes typo on that ...... and secttion 75 is the only way on credir cards, the OP should know that

As said the OP should start the chargeback (section 75 if a credit card) .. first thing tomorrow or the time limit on debit cards. 
And, there is no obligation to advise the PPC of their intentions. to chargeback, just do it. 

KeithP

patient_dream said:

KeithP said:

patient_dream said:

wheeles said:

Half_way said:

A chargeback is something that should only be done as a last resort - however the OP could eb at this stage already.

One thing that must be done before initiating a chargeback is to inform the other party that this will be happening, and give them a few days ( ie 5/a working week) to respond and refund

Likewise with the card company it may be necessary to  explain things should they get confused .

Odds on the person at the card company will think this is a fine so it might be best not to even mention it as a parking ticket/charge / notice, just a service charge

That's exactly my thinking.  I have already sent a letter/emails setting a deadline.  That deadline has not yet passed.  If the chargeback is unsuccessful, or results in additional elevated demands, then I would consider legal action the following step.

Debit cards allow 160 days and credit cards much longer.

That is wrong. As I mentioned earlier the Chargeback time limit is 120 days, not 160 days.

That applies to both debit and credit cards.

Credit card refunds can also be 'refunded' through Section 75 of The Consumer Credit Act 1974, and as you say, the time limit for that is much longer - six years - but that's not relevant here.

Yes typo on that ...... and secttion 75 is the only way on credir cards, the OP should know that

As said the OP should start the chargeback (section 75 if a credit card) .. first thing tomorrow or the time limit on debit cards. 
And, there is no obligation to advise the PPC of their intentions. to chargeback, just do it. 

No. Sorry. Still wrong.

Section 75 is not the only way on credit cards.
As discussed on this thread, Chargeback is perfectly possible on a Credit Card.

And your implication - by stating "section 75 if a credit card" - is also wrong because there is a minimum value of £100 for a Section 75 claim. The OP's mother spent £61.50 on her credit card.