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radio100
Hi guys

My girlfriend received a PCN for parking on double yellows. The 50% discounted 14 day fee of £35 was paid by cheque and cashed by the council.

Now they have written to us demanding a further £35 as the cheque was received 5 days after the 14-day limit for a discount.

It was my understanding that as soon as they cashed the original cheque that was acceptance of payment? If there was a problem they should not have cashed it?
Thank you
Matts Dad
Was it sent early enough or are they really saying that they cashed it after the 14 day period?
southpaw82
No, it's up to you to make payment inside of the required timescale. They can accept the £35 as part payment of the full amount.

You may as well now show us the PCN and tell us what happened to see if you can appeal.
dave-o
Call the council. They may be reasonable if you speak to someone. If it gets nasty, just remind them that you now have nothing to lose by appealing, and if forced you will appeal, and will claim back the original £35 if and when you are successful.


We can help you with the appeal if it comes to it.
radio100
As far as I know it was sent on the 14 day limit.

My only query is whether the fact they cashed the original cheque, that implies an acceptance of the payment?

Thanks smile.gif

QUOTE (southpaw82 @ Tue, 18 Aug 2009 - 14:11) *
No, it's up to you to make payment inside of the required timescale. They can accept the £35 as part payment of the full amount.

You may as well now show us the PCN and tell us what happened to see if you can appeal.


I will dig it out and post it on here, thanks cool.gif
dave-o
Do you have any proof of when your cheque was recieved?
Gan
Some relevant court decisions are Pinnel's case (1600) and Ferguson v Davies (1997).

Cashing the cheque that arrived late does not discharge the debt.

Agree with Dave-o to try and negotiate. Is it possible that the date of the 14-day limit was misleading ?

Is an OP entitled to assume delivery within two business days ?

Matts Dad
QUOTE (Gan @ Tue, 18 Aug 2009 - 14:37) *
Is an OP entitled to assume delivery within two business days ?



I believe so.

When I send off my VAT return I only have to get a certificate of posting to show that is was sent in time, if it arrives late then that's down to the post office.
Teufel
i think there is a reasonabel case that the payemnent was made in time
and that any delay coudl be coucnils fault

see these threads for the GOW case and others

http://forums.pepipoo.com/lofiversion/index.php/t40213.html

http://forums.pepipoo.com/lofiversion/index.php/t39647.html
bama
QUOTE (southpaw82 @ Tue, 18 Aug 2009 - 14:11) *
No, it's up to you to make payment inside of the required timescale. They can accept the £35 as part payment of the full amount.

You may as well now show us the PCN and tell us what happened to see if you can appeal.


Where in the regs say does it that it has be processed by the bank in the timescale.
Unless dishonoured receipt of the cheque is acceptance under the BEA isn't it ?
The cheque is the payment IMV.
Matts Dad
QUOTE (bama @ Tue, 18 Aug 2009 - 18:26) *
Where in the regs say does it that it has be processed by the bank in the timescale.



It doesn't. Once the Council have received the cheque, (as long as it doesn't bounce), then they have received the payment and under the Civil Procedure Rules the OP can assume that the cheque was received 2 working days after being posted first class.
Teufel
this is all covered int he threads above in my post and the adjudication GOW

where there is a few days oand doubt about blame and lack of proof on either side
then it shoudl be decided in favour of the motorist
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