Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

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BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


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Thread: Increasing fine

  1. #1
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    Default Increasing fine

    Hi there everyone, new here but hope somebody can help me??
    Timeline or background of this problem is this:

    Got a pcnicon from Rochdale MBC.

    Appealed against it but lost the case.

    Paid £60 over the phone to their contact centre via debit card.

    Thought it was over and done with, several weeks pass.

    Got contacted last week and was told that I only paid £50 and so I needed to pay £10 PLUS another £30 for exceeding the timeframe.

    I contacted them and said I def said £60 to original operator and why was I being penalised for hi/her mistake.

    Was told not their concern as they SERVED letters or charge certificates to me already, but when pushed about this they admitted that they only SENT letters and charge certificates as I did not recieve any (how can it be SERVED to me when I dont recieve them in hand??).

    Now given two weeks to pay £40 or bailiffsicon are coming in.

    Very unhelpful when I asked questions:

    "How come original operator did not query the £50 if they thought I said £50 instead of full £60?"-"Your details do not come up on their system".
    If my details do not come up, how are they allocating the payments??

    "Is there a recording of the original telephone conversation of the original payment?"-"Sorry,that a different department,nothing to do with us"

    Surely a case can be made here that I am not out to de-fraud since I paid over the phone to their operator via my debit card, its not as if I wrote a lower amount on the payslip and handed it in over the counter?

    They are not entertaining any thought that the original operator did input £50 instead of £60 and has placed all the blame onto me with extra cost.

    Any help would be much appreciated.

    Thanks in advance.

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  2. #2
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    Default Re: Increasing fine

    The important point here is not the recording or how helpful/useless the phone operator was, bit how much was actually debited from your account.

    If your statement shows £60, then you have evidence of full payment that you can provide to the council.

    If it says £50, then it was up to you to sort out as you knew the penalty to be £60.


  3. #3
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    Default Re: Increasing fine

    Quote Originally Posted by patdavies View Post

    If it says £50, then it was up to you to sort out as you knew the penalty to be £60.
    Surely there would be some logical common sense consideration here too pat as why would he ring the payment line and pay £50 out of a £60 fine?

    Many people do not check their credit card bill line by line each month (I know I'm not perfect at that all the time) and I would like to think it was reasonable and logical that full payment had been offered. However, I guess with councils and money logic and common sense rarely come into it.


  4. #4
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    Default Re: Increasing fine

    Thanks for the input.
    With regards to patdavies, I def said £60 to original operator and ASSUMED it was OK.

    I pay rent to Rochdale Council sometimes over the phone and it shows up as 'Rochdale MBC' on my bank statements.
    The parking fineicon was paid over the phone, and since they work for the Rochdale Council then the payment for the fine shows up as 'Rochdale MBC'.

    Payments listed as 'Rochdale MBC' does not show what the payment was for, whether fines or rent.

    Thank you.


  5. #5
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    Default Re: Increasing fine

    Some clarifications and some questions if i may.

    1/. The demand for £40 is a 'Charge Certificate'? yes or no? date?

    2/. If so then there is a while before you will see a bailifficon.

    3/. Have you received an 'Order for Recovery'? it doesn't sound like it yet.

    4/. Is the phone line you called dedicated to pcnicon payments or for others as well. Is it listed on the PCN? (obvious where i'm going with that but whether it is gonna be an acceptable ground to overturn the forthcoming OfR is dubious at the moment).

    5/. What date was the original PCN and do you still have a copy?
    -
    let's see what we can do with this - if anything - bit unusual.
    -


  6. #6
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    Default Re: Increasing fine

    SUCCESS
    I telephoned the Complaints Department of the Rochdale Council this afternoon, laid out my case to them and they promised to look into it.

    I recieved a call WITHIN the hour from a Supervisor from the Parking Enforcement who told me that they now consider the case closed and I do not owe any outstanding monies, she apologised that matters had proceeded so far and common sense logic was not applied in this case. She admitted that there may have been a misunderstanding with the original operator when taking the payment, and said that a memo would be issued to all involved. She even said that it was a good thing that I stuck my principles in this case and queried the outstanding money.

    Although I am not sure that there will be a memo, but I am glad somebody somewhere finally saw some sense. I suppose that if one does not get anywhere in these cases then one must complain OUTSIDE the parking channels/procedures.

    I would like to thank everyone for their input.


    THANKS



  7. #7
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    Default Re: Increasing fine

    Fair play from a council for once.


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    Default Re: Increasing fine

    Wow! Comman sense prevails!



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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE