PCN Late Payment

[masha4]

Please could you advise of what I can do, here is my story;

I made a late payment for a car Parking Penaly Charge notice of £60 I got from the District Council. Having made the late paymnent I later got a letter from the council saying I had incurred additional £30 charge which I did not pay. Right now the debt for the charge is with Philips Bailiff &Debt Recovery Agents and they are recovering the additional charge on behalf of the council. I have since received a leetr saying stating that they require immediate payment or attendances may be made to my premises to seize or remove the vehicle to satisfy arrears. After receiving the letter I made payment online staright to the council and the payment went through. I then rang the DCA to advice that I had made payment to the client/council and they told me that they will not stop ebforcement till they get instructions from the council. I rang the council and they told me I should not have paid the debt online and that they will be sending the payment back to me. They also told me that I will keep incurringcharges if i fail to pay debt with the Enforcement Agency. I have again rang the agency and they cannot accept a payment plan while I await my money back from the council. It then means If I am to pay the debt I end up making a double payment for the same debt. The payment I have made to the council includes the total debt including charges incurred which I also don't understand how they will have escaleted from only £30 to £245.32

The breakdown of charges from enforcement office are as follows:

15 January 2008- £48.16
14 February 2008- £153.60
12 March 2008- £245.32
I have spoken with the enforcement agency today and they are telling me that the charges include a visit for a man and a van fee but I have not seen them or had any card left that say they made a visit or even a letter form the agency stating that they had visited me.

[buzby]

Unfortunatley, the courts will accept any reasonable claim they make in terms of enforcing the payment from you. I agree you probably will have felt better if you han't made any payment, then you could accept the consequences were (or should have been) expected.

As for the Council, was there ANY indication that you could not pay the shortfall via the website? I would argue that in absence of this, you had discharged your liability to them. Their decision to reject it has in turn cause you much financial hardship and you wish to challenge them on their handling of the matter. You might get them to see sense! (but there's no guarantees!)

[masha4]

There was no indication on their website and I have an email receipt which states that payment was accepted.

Also should the council have accepted the £60 late payment for the PCN I first made or should they have rejected it and told me to pay the bailiffs like what they are telling me right now. I really do not see myself as liable for any debt at the moment.

Pliz advice

[buzby]

I've only experience of Scots Law, but I'd contend your receipt saying the payment WAS recieved would be acceptible to any court. The fact they chose to refund it is an issue for the Council, but it is how to protect your interests against this incompetence is the worry. An injunction is an expensive process....