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.
Hi,
I got a parking ticket back in August. I was helping a friend to move house and parked outside. Knocked on his door and he gave me a voucher. I sat down and had a cup of coffee and then went to my car to put the voucher in. But I'd already been issued with a pcn! I was having a really bad day because the next thing to happen was a fine for going the wrong way up a one way street. Yes, I know, bloody stupid! Anyway, I challenged the PCN and said the voucher was in the car (only a white lie, it was there in spirit). They wrote back saying the attendant checked very thoroughly etc and the penalty stands. I gave up and sent them a cheque for £50. It arrived 2 days late so I got a letter today asking for a further £50. Now I'm really cross because I feel that they are just on the make. Also, I really dislike Hackney council. Their motto is 'working for local people' but should be changed to 'working for themselves'. They've shut down all the subsidised nurseries, the streets are filthy, and a recent report has concluded that Hackney is the worst place to live in the country. My question is, is there any way I can get revenge or will I have to give them another £50?
MBNA: Paid
Co-Op: Paid
Lloyds Tsb:Data Protection Act sent 14th June Still waiting. Started again
Abbey National: Paid
Barclaycard:Prelim £1920 14th Sept MCOL 17/10/06 £2346 Court date 13th March Offered £600 and rejected. Then offered £1,600 rejected. Paid in full £2,705.02.
Capital One: Paid
Cahoot: Paid
Accord Mortgages: Prelim £9,750 LBA 6/10/06
MCOL 21/10/06 £10, 520.65 Withdrawn and waiting for better times
Mother in law Nat West: Paid
Wife's Nat West MCOL issued 26/03/07
Rise, like lions after slumber
In unvanquishable number!
Shake your chains to earth like dew
Which in sleep had fallen on you:
Ye are many - they are few!
This depends on whether or not you sent it within the specified time limits - i.e, it arrived two days late, or was it that you posted it the day before it was due?
If you posted the cheque more than 2 days prior to the date it was due, then you could claim that it is not your problem that despite being able to put a man on the moon, a cheque still takes 3 working days to clear! In theory, the payment had been made on the day which they recieved your cheque, but knowing Royal Mail a delay is highly likely!
However, another problem may arise if it states on the ticket that you should allow a certain amount of time for the cheque to clear, or if it specifies a date which the payment should reach them by. I doubt it, as most tickets don't have the room (or the common courtesy) to put it on the back.
HOWEVER!!
There may be a loophole arising here, as you sent them a letter disputing the ticket in the first instance, which cancels out the timeframe in which you have to send the payment. Usually, the time frame is 21 days (sometimes 28) and if you appeal, the clock stops ticking until they send their response to your appeal. From them on, provided you sent the payment soon afterwards without delay, then they may be duty bound to accept this payment in respect of the contravention.
Write a letter, make it nice and make it sound like you are a reasonable person and advise them that you sent the letter with plenty of time to spare, however you can only explain the late arrival of the cheque on the postal service. BE CAREFUL this will also depend on the date you put on the cheque as well as this may be viewed as the day you sent it.
I'm sure they are more willing to accept it, rather than drag it to court - it wouldn't be a good use of tax payers money and would be frowned on as well!!
I know you're angry, but don't let it show - trust me, the more angry and unreasonable your letter is, the least likely they are to repent and accept your cheque in settlement of the fine.
Lived through bankruptcy to tell the tale! Worked in various industries and studied law at university. All advice is given in good faith only
So you lied about the voucher? Which may be an evasion of liability by deception or perverting the course of justice, both criminal offences. By all means try to avoid the pcn but don't break the law to do so. We all know how vindictive councils are and they'd love to pursue you for a criminal offence if they could. Don't give them the ammunition.
POCA is completely right - as you have already issued a payment for the offence, you have effectively admitted it, and to retract said statement would be a criminal offence, my betting would be for perverting the court of justice (easier to prove than deception).
If you do write in to appeal it (which is in your favour - the worst that can happen is you end up paying it anyway!) then be nice and reasonable in your approach and in addition, it is worth mentioning you were loading/unloading - usually a defence against single/double yellows, but you never know..
Lived through bankruptcy to tell the tale! Worked in various industries and studied law at university. All advice is given in good faith only
Chesham,
Thank you for your help on this. My thinking is that I have already admitted liability by paying them £50. I sent the cheque on the day it was due but it was dated 2 days prior to that - I simply forgot to send the thing but it was ready to post. Don't see a way out of that one! I really did activate the voucher prior to the pcn being issued. That's what's so annoying. Anyway, I've paid the price for that transgression because they obviously didn't believe me and they've got their (actually, MY) money. I'm going to drop this because I don't think the time spent on this would be worth it even if I got the money back. Its a disgrace that councils are doing this as a way of raising income. I already pay over £150 a month on council tax. Might as well throw it in the bin for all the good it does. Anyway, thanks for your help.
Paul
MBNA: Paid
Co-Op: Paid
Lloyds Tsb:Data Protection Act sent 14th June Still waiting. Started again
Abbey National: Paid
Barclaycard:Prelim £1920 14th Sept MCOL 17/10/06 £2346 Court date 13th March Offered £600 and rejected. Then offered £1,600 rejected. Paid in full £2,705.02.
Capital One: Paid
Cahoot: Paid
Accord Mortgages: Prelim £9,750 LBA 6/10/06
MCOL 21/10/06 £10, 520.65 Withdrawn and waiting for better times
Mother in law Nat West: Paid
Wife's Nat West MCOL issued 26/03/07
Rise, like lions after slumber
In unvanquishable number!
Shake your chains to earth like dew
Which in sleep had fallen on you:
Ye are many - they are few!
What exactly did the pcn say when it set out the amount of time to pay.
Did it say
within 28 days from the date of issue
or
Within 28 days starting from the date of issue
It should say the 2nd. If it says the 1st which I suspect it does it in effect gives you an extra day as it dosnt include the date of issue. This is a well established legal precedent. apart from that if it states the first it dosnt comply with the 1991 road traffic Act and as a result can be challanged. There are a number of cases on the intranet where this has been successfully challanged. In the case of Als bar V Wandsworth the parking ajudicator stated that the council has no right to alter the amount of time to pay even if it is to the benefit of the motorist.
So Have a close look at the wording. as your dispute revolves around a couple of days you may have some success.
By paying the ticket you have effectively lost the right of appeal but dont give up yet.
by the way extending the right to a reduced payment as a result of an informal representation is discretionary by the council. they dont have to.
Thank you all for the help. I know we don't give up easily on this site and I admire your efforts! I'm going to challenge the extra £50 on the grounds that the letter they sent rejecting my appeal was dated 5th October but didn't arrive until 10th. Surely I have 14 days from receipt rather than from their date? Thus, my payment would have arrived in time.
MBNA: Paid
Co-Op: Paid
Lloyds Tsb:Data Protection Act sent 14th June Still waiting. Started again
Abbey National: Paid
Barclaycard:Prelim £1920 14th Sept MCOL 17/10/06 £2346 Court date 13th March Offered £600 and rejected. Then offered £1,600 rejected. Paid in full £2,705.02.
Capital One: Paid
Cahoot: Paid
Accord Mortgages: Prelim £9,750 LBA 6/10/06
MCOL 21/10/06 £10, 520.65 Withdrawn and waiting for better times
Mother in law Nat West: Paid
Wife's Nat West MCOL issued 26/03/07
Rise, like lions after slumber
In unvanquishable number!
Shake your chains to earth like dew
Which in sleep had fallen on you:
Ye are many - they are few!
PCN problem
! I was having a really bad day because the next thing to happen was a fine for going the wrong way up a one way street. Yes, I know, bloody stupid! Anyway, I challenged the PCN and said the voucher was in the car (only a white lie, it was there in spirit). They wrote back saying the attendant checked very thoroughly etc and the penalty stands. I gave up and sent them a cheque for £50. It arrived 2 days late so I got a letter today asking for a further £50. Now I'm really cross because I feel that they are just on the make. Also, I really dislike Hackney council. Their motto is 'working for local people' but should be changed to 'working for themselves'. They've shut down all the subsidised nurseries, the streets are filthy, and a recent report has concluded that Hackney is the worst place to live in the country. My question is, is there any way I can get revenge or will I have to give them another £50?
Reply With Quote
