Cancelled a cheque to PPC - now received letter demanding payment or threaten court

[meier]

This is a follow up to an older thread

 

About a month ago I was made aware that my car had received a parking ticket from a private parking company and in a panic I sent off a cheque. I then did a little research and based on the fact the ticket was issued to the driver while I am the only the registered owner I decided to cancel the cheque and left the matter at that without attempting to contact them.

 

Today I received a letter from the company referencing the stopped cheque and noting that since had not communicated with them they had to apply to the DVLA from my contact details. They now say unless they "receive a replacement payment for the ticket" "we will have no alternative but to pursue this matter through the County Court for payment".

 

I don't know from their wording whether their angle is the cancelling of the cheque or just the usual demand for money.

 

One piece of advice I have had would be to make the payment and then make a counterclaim against the PPC. What would be involved in that?

 

Any advice would be appreciated.

[crem]

Cancelling the cheque has made no difference to their normal game plan. Although they may suggest otherwise, sending the cheque in the first place wasn't an admission of fault.

 

If they pursued it to court, your defence would be simply that you misunderstood that it was a PPC invoice rather than a council issued PCN (a very logical mistake to make as they purposely make their scamvoice look like a PCN). As you are aware council PCNs are the responsibility of the RK, you were going to pay it. When you realised it was a PPC invoice, and therefore the responsibility of the driver, you cancelled the cheque.

 

Your suggestion that you could pay it and then reclaim the money is OK in theory, but would be nigh on impossible to successfully achiee. Even if you took it to court with all teh time and effort involved, when you won, the PPC will simply ignore the court order and add another CCJ to the collection they undoubtedly already have.

[dx100uk]

hehe

well done

bet that wound them up

 

i bet the word bugger ... that one jumped the net ...

 

was muttered.

 

ignore then now

 

dx

[meier]

My concern is that the PPC can pursue the cheque separately as a contract between them and myself - regardless that it is for a parking ticket.

[lamma]

they can sue on the cheque

[crem]

they can sue on the cheque

 

why can they do this lamma?

 

And even if they did, surely the defence that they misrepresented themselves by appearing to have sent an official document requiring payment would be sufficient. After all, if I sent you a bill but dressed it up to look like a police FPN which you then paid but realised you shouldn't have, I don't see how I could claim against teh cheque. You may even consider a counter-claim of fraud or atempting to obtain money by deception.

[lamma]

two different issues. See the Bills of Exchange Act.

would need a counter claim over the PPC thing.

[esmerobbo]

Technically they could but do you think they would? When they presented the cheque and it came back unpaid they will have been charged by their bank. So I can see them being a bit miffed, Plus if they thought they could win their case they may be prepared to push it. To add to their court successes in penalty charge enforcement. Which wouldn't be but they would say it was.

[meier]

two different issues. See the Bills of Exchange Act.

would need a counter claim over the PPC thing.

 

That's what I have been thinking.

 

What should I be thinking about using as a basis for a counterclaim?

The legitamcy of the ticket?

The charge amount?

[lamma]

yes. but see how it plays out first. may be no need to do anything.

[Al27]

• chance of court is still virtually zero

• if they sue on the cheque, counter claim on the original invoice

[Dragons Dennis]

Easy argument in court. Cheque sent in error and then cancelled. I once paid Thames water my Electricty bill. Realised my error and cancelled the cheque.