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just before xmas the wife got a parking ticket in Birmingham, and paid it at the discounted rate by cheque the day after, except she posted it in cornwall as she was working away, anyway this morning I gets 2 letters from birmingham city council one the Notice To Owner and the other the cheque that my wife had posted and a letter saying it wasnt enough as they had recieved the cheque too late for the discount ,now given that the cheque was all crumpled up and looked like it had either been
a caught in a royal mail sorting machine in the envelope and had been stuck in there for a while then reposted by them
or
b the council are bunch of theiving gits and screwed it up themselves and then sent it back saying it was sent too late so they can claim the full amount
anyone got any ideas on how we should deal with this????
In that case, I would write back to them, enclosing the cheque with a copy of their letter and quote the Interpretation Act 1978 s.7
7 References to service by post
Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.
Normal rules allow 2 days for first class post and 5 days for second class post.
If you really want to rub their noses in it, you can further point out that under postal law, the cheque became their property a soon as it was posted. IOW, any postal delay or error by Royal Mail is their problem, not yours.
You have done what has been asked of you, in good time.
In any case, the cheque should have been accepted and if they still believed the payment to be after the 14 days discount period, then the NtO should show the payment, with an amount outstanding. Appeal the NtO separately on the grounds that a)there has been a procedural impropriety by the Council and that b) the amount is wrong.
The council currently believe that the full amount is payable, taking this all the way to the adjudicator does not increase that. It is always worth a punt at this stage as you can't lose any further.
Birmingham city council parking ticket
in Birmingham, and paid it at the discounted rate by cheque the day after, except she posted it in cornwall as she was working away, anyway this morning I gets 2 letters from birmingham city council one the Notice To Owner and the other the cheque that my wife had posted and a letter saying it wasnt enough as they had recieved the cheque too late for the discount ,now given that the cheque was all crumpled up and looked like it had either been
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Originally Posted by patdavies
