Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Londonian001 on May 27, 2024, 02:17:59 pm
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I'm not sure I'd pay the CC but obviously the evidence from the bank is crucial. I'd expect the council to accept the £65 payment on receipt of that evidence, but as above this would require a formal complaint.
With no evidence from the bank, there's no route to anything other than paying the full amount demanded.
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I can't see a route to the tribunal, for Moving Traffic in London the ground of "PCN was paid" doesn't seem to be valid grounds to submit a SD.
I think CP was saying to pay the Charge Certificate and submit a formal complaint to the council to get reimbursed, however.
OP - do you have email confirmation that payment was completed? That seems to be the key bit of evidence in the case CP linked above
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@cp8759 How does the OP, having received the CC (and then, presumably, will come the OfR) get to the Tribunal?
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You need to go back to the bank, I've had this sort of nonsense before, see this case (https://drive.google.com/file/d/1OSwPi_VkWq5ozYtEITmnxC6vFJjsJ_qW/view)
They will definitely have an audit trail of all attempted transactions. If you think about it if they detect fraud on your card and block it, no payments will go through on your statement but the bank will still have a record of what's happened.
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Please post up all sides of the CC.
See
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/
Any media reports later than February? I suspect you may have to pay and have recourse to Council complaints procedure, and perhaps relevant counmcillor(s) and/or media, but see what the experts here have to say.
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We all know that Croydon council is broke and cash-strapped and there have been several attempts to use motorists as cash cows to pay off their debts (they have publicly said this as part of their strategy). Living in south London, I had the misfortune of driving through this dreaded borough and made a wrong turn into an LTN and got the £65 fine. I paid this well within the 2 weeks discounted period (well at least I thought I had).
Knowing that I’ve paid, I didn’t bother to chase payment confirmation, thinking my statement will show it anyway, I then went on holiday for 2 weeks and it was the last thing on my mind.
However, the council did not claim the money from my bank in the following days and has now sent me a £195 charge for failing to pay. Annoyingly, the bank can’t prove the payment was attempted if the council (the merchant) don’t claim the money and all I have as proof is my internet browsing history showing my step by step payment process on the date I thought I had paid.
Apparently, the Croydon council is known for using trickery like this on PCNs, and there have been several reports in their local papers:
https://www.google.com/amp/s/insidecroydon.com/2024/02/14/council-finally-cancels-dodgy-tickets-issued-during-pcn-fiasco/amp/
https://www.google.com/amp/s/insidecroydon.com/2024/02/03/pcn-fiasco-council-has-failed-to-cancel-single-ticket-in-a-week/amp/
https://www.google.com/amp/s/insidecroydon.com/2024/01/22/kerrr-ching-unsuspecting-drivers-hit-with-no-notice-190-fines/amp/
So my question is what recourses are available to me, now the council has said it is outside the appeal period, I doubt they will accept my web browsing history as proof. This is so unfair and given their history, I firmly believe Croydon council did this on purpose to extract more cash from me.
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