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Paid for Next Day Delivery But Item Hasn't Arrived. Can I Cancel and Get a Refund? LocalSolicitors.com

I paid for next delivery but it has not arrived. Can I cancel order and get a refund?

Currently, there is no certainty whether the lockdown will be ‘lifted’ come May time. If we are still in the same position then as we are now, and the restaurant is not able to fulfil their obligations under the contract, then the contract may become ‘frustrated’. 

To determine whether you have automatic rights to a full refund depends on the terms and conditions (i.e. the terms in the ‘Contract’). 

A common clause in contracts which deal with unforeseen circumstances or ‘Acts of God’ are commonly known as ‘Force Majeure’. However, this is not a term applied in English Law and therefore one must typically look at the terms set out in the contract. 

In any event, the restaurant should look to either reschedule the date of the booking or give a full refund. In the absence of this, it is therefore important for the contract to be reviewed in full to consider whether the restaurant can be held liable for a breach given the current circumstances.

Should you require further information then please do contact Summerfield Browne Solicitors on 0800 567 7595 or email on enquiries@summerfieldbrowne.com.

Can I expect a choice of postponement or refund for a restaurant booking made with a deposit during the coronavirus outbreak?



Unfortunately if they will not respond to your letters there is not much you can do. If you refuse to pay and they refuse to go away they may end up taking you to court and you would have a chance to defend it and put your case to a judge if you wanted. Based on other parking cases it seems unlikely a Judge would uphold the fine as you bought a ticket and made an error on it so you have not deliberately refused to pay. Make sure you keep the ticket and copies of your letters just in case.







There is a good page on moneysavingexpert about this although focussed on those without tickets rather than people who made mistakes but this is worth a read:



https://www.moneysavingexpert.com/reclaim/parking-ticket-appeals/ [https://www.moneysavingexpert.com/reclaim/parking-ticket-appeals/]







You could also look at the British Parking Association Website:



https://www.britishparking.co.uk/ [https://www.britishparking.co.uk/]

I was issued with a parking fine in a private car park for not displaying a ticket. 

I paid for next delivery but it has not arrived. Can I cancel order and get a refund?

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