Author Topic: PCN accidentally paid and council immediately notified of error  (Read 316 times)

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PCN accidentally paid and council immediately notified of error
« on: »
Here's a new one!

I appealed a PCN on ground that I knew would succeed. Later the same day tried to pay a different PCN but accidentally entered the PCN number that I had earlier appealed!

I immediately (within 10m) sent a follow-on message via their online system explaining the error.

14 days later, they rejected the appeal (though letter isn't headed Rejection of Rejection and at the end of the letter, say:
"As you have paid this PCN, you have addmitted liability, You are now not able to challenge this PCN and we will not be entering into any further correspondence for this case, which is now closed."



What's the law in my case?

thanks,
Ash

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Re: PCN accidentally paid and council immediately notified of error
« Reply #1 on: »
Obviously a load of muppets ! Their obvious move would have been to accept your email, and transfer the amount you paid to the PCN you wished to pay, thus allowing your reps you submittd previously to be considered.

I think the next move must be a complaint to the council with copies of your email and their response. Councils, as public bodies established by Parliament, have a duty to act fairly and in the public interest.

Re: PCN accidentally paid and council immediately notified of error
« Reply #2 on: »
Have you tried asking the council to reallocate the payment to the correct PCN?

In theory you can try reclaiming the amount paid in error, but in practice it wouldn't be worth the hassle.
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

Re: PCN accidentally paid and council immediately notified of error
« Reply #3 on: »
yes my initial message after this mistake asked for exactly that, but they ignored the request

Re: PCN accidentally paid and council immediately notified of error
« Reply #4 on: »
The only thing I can suggest is that you attempt a card chargeback via the bank. And next time don't pay the PCN in the first place, it's rare that we don't find something to make representations on.
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order