Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: GSX1100 on December 04, 2023, 06:42:59 pm
-
My understanding, in my day job as a credit consultant, is that you can bank it as long as at the same time you write to the payer saying it hasn't been accepted in full and final. As ever much will depend on the wording. If the payer also writes it mustn't be banked unless it is accepted in F&F a legal fight may ensue but the problem with parking is that you cannot stop the PCN enforcement machine.
-
I sent a large letter confirming this, saying that my reduced payment was an offer of full and final settlement and my cheque enclosed was also written on the back to this effect.
72 hrs later this cheque was cashed. I assumed this was therefore all settled in full.
Now a few months later im being chased for another £266 as they state i only made a part payment, but still they do not acknowledge, nor refuse my full and final settlement offer.
On a general note, and nothing to do specifically with fines, penalty charges, parking charges etc, I'm pretty sure that when sending part payment of anything, a "full and final payment" stipulation is not enforceable, and that cashing a cheque which has been sent, supposedly in "full and final payment", does not mean that the payee agrees that it is in full and final payment.
-
A good result ! The OP will be very pleased
OP, best if you don't try this again as it might not end so well, but well done anyway !
-
I have just looked at the PCN online, TfL have cancelled it today.
-
From the OP's narrative, it seems that he sent two letters, the first was representations against a ULEZ PCN, and was rejected by TFL. A second and long letter was then sent together with a cheque for £12.50, which the OP says he had no response to.
So the argument is, can he tick the box for "submitted reps but got no rejection of them". I would say yes, but others may differ. TfL did cash the cheque so we know the letter arrived. I would have thought as a minimum they should have replied saying he was too late.
OP has yet to post the 2nd letter and time is ticking on. Once he gets into "Out-of-Time" territory, things will get very difficult and hard to resolve.
-
There is no copy of the letter you sent. This is important, there are only a few grounds you may submit a SD on and all we see at the moment is lat no apply to you.
If you submit a false declaration you risk a serious criminal charge that could potentially end up with prison time so post the letter and let us give you sound advice
-
This is serious.
You* have until TODAY** to file an in-time Stat Dec. If necessary, get it witnessed by a solicitor, but get it done today.
Don't start arguing about when you* received the OfR, how could you prove 25 Nov? You couldn't, so don't even think about it pl.
*- are you a company as in 'I will be happy to register all my vehicles'? If the OfR is addressed to a company then make sure you have docs which show you are an authorised signatory pl.
**- OfR issued 13 Nov. Presumed delivered 15th, which is day 1. The 21-day period allowed expires 5 Dec, today.
-
Good Morning,
on my previous reply, i did attach a copy of my accompanying letter with the £12.50 cheque as a pdf at the bottom of my comments,
hopefully this is viewable from your end
re GSX
-
It is your letter accompanying the £12.50 cheque we need to see to decide if it is a representation. If it is, (forget the money for now), then you can legally submit a Statutory Declaration that you submitted reps but received no reply. If you just sent a cheque with no letter or any accompanying note, then you cannot legally submit an OOT SD.
-
Thanks for the reply, after i sent the cheque over and watched it being cashed, I've had nothing else until the letter dated 4/10 as per image that stated i had only paid £12.50 off the bill ( a full month after they cashed my cheque which also stated on the back as full and final settlement ) and then the order for recovery (dated 13/11/23) which i only received on sat 25th Nov. So was going to file a statutory declaration today at my local county court but they turned me away has i have to make an appointment over the phone. All i really wanted was to appeal to an actual judges common sense. (If your never notified within 48 hrs how can you ever pay just £12.50 not £90!!
[attachment deleted by admin]
-
You should have received an Order for Recovery by now; have you ?
At the OfR stage you can submit a Witness Statement (TE9), but I'm not sure any of the statements on it match your situation, unless you can tell us more.
So it's probably best if you post all the documents starting with the first one which should be the PCN, and including your letter, (with cheque), that you sent them. Once the period for submitting a TE9 expires, the council will instruct bailiffs. Apart from them cashing the cheque you sent them, did they send any response letter to you. At the moment, I see nothing to allow you to legally submit a TE9
Here's the TEC TE9 form page
https://www.gov.uk/government/publications/form-te9-dart-charge-mersey-gateway-clear-air-zones-challenge-a-traffic-enforcement-order
-
Hopefully pics now load
[attachment deleted by admin]
-
OP, the enforcement procedure is enshrined in law,
https://www.legislation.gov.uk/uksi/2013/1783/regulation/7/made
and the council cannot alter it. By sending your letter and cheque all you have probably done is close off any possibility of taking them to adjudication.
We urgently need to see the letter they have sent you asking for £265
No documents=bad advice
-
Can we see their rejection letter please.
Can we see their 'being chased for £266' letter pl?
-
Hi Everybody, great site.
After straying into an ULEZ unknown to me at the time, only to be written to 3 weeks plus later, i was then told i would have to pay £90 as over the 14 day period.
I replied to this, objecting on the grounds, that i was not aware i had encroached into a zone, not seen any signage as such, nor signage on approaching roads, nor any signage how to pay immediately etc. This was immediately refused by TFL.
I then replied if necessary i would like to contest this in court, however to save the courts time i was willing to pay the original £12.50 fee as that would have been the amount claimed if i had been informed of this charge within 48 hrs. I sent a large letter confirming this, saying that my reduced payment was an offer of full and final settlement and my cheque enclosed was also written on the back to this effect.
72 hrs later this cheque was cashed. I assumed this was therefore all settled in full.
Now a few months later im being chased for another £266 as they state i only made a part payment, but still they do not acknowledge, nor refuse my full and final settlement offer.
I always believed if this offer was cashed and no correspondence to myself was received within a month stating an error on their accounts dept of encasing this cheque then it would still be legally binding as paid in full, however i see on the tcl pin site that it shows a notice has been issued to recover all costs. Please can anyone advise me regards gsm