Author Topic: Pay PCN with cash  (Read 383 times)

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feelsunfair

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Pay PCN with cash
« on: November 25, 2023, 09:50:17 pm »
Is it possible to pay a PCN (to London Borough of Barnet) with cash? No such option seems to be given on the PCN itself, but isn't cash considered 'legal tender' that cannot be refused in payment of a debt? Does that apply here?

(In this case, I'm not looking for advice about whether the PCN can be challenged or not)

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Southpaw82

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Re: Pay PCN with cash
« Reply #1 on: November 25, 2023, 10:28:59 pm »
Itís not a debt, itís a penalty.

M60NJP

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Re: Pay PCN with cash
« Reply #2 on: November 26, 2023, 08:58:44 am »
Other than being obtuse, why would anyone use cash? Even someone without a bank account, however unlikely, can give the cash to someone else and that person pays?

mrmustard

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Re: Pay PCN with cash
« Reply #3 on: November 26, 2023, 11:04:26 am »
Barnet donít even want cheques so unless there is a reason why a plastic card cannot be used you are a bit stuck and the pcn will progress towards the bailiff. Best ask the council itself.
I help you pro bono (for free). I only ask that a donation is made to the North London Hospice if you can afford it and if you win. I have an 85% success rate across 2,000 PCNs but some PCNs can't be beaten and I will tell you if your case looks hopeless.

cp8759

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Re: Pay PCN with cash
« Reply #4 on: November 26, 2023, 11:34:38 am »
Itís not a debt, itís a penalty.
Para 28 of London Borough of Camden v The Parking Adjudicator & Ors [2011] EWHC 295 (Admin) suggests the HC agrees that the council is obliged to accept cash, at least "As a matter of strict theory".
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law. Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament. I am a Conservative councillor, this means some people think I am "scum". I am not a lawyer.

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

cp8759

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Re: Pay PCN with cash
« Reply #5 on: November 26, 2023, 11:37:16 am »
Is it possible to pay a PCN (to London Borough of Barnet) with cash? No such option seems to be given on the PCN itself, but isn't cash considered 'legal tender' that cannot be refused in payment of a debt? Does that apply here?
IMO you can pay any PCN in cash. To force the issue, you would have to send it by Royal Mail Special Delivery to the address given on the PCN, and to put the matter beyond doubt I'd suggest you film yourself in a post office putting the cash in the envelope, sealing it and handing it over the counter and getting the receipt with the tracking number.

Once the cash is physically delivered into the council offices, it would be very hard for the council to argue that they've not been paid. If it's a parking regulation 9 PCN, I'd also suggest that they have no reason to seek the keeper's details from DVLA and if they do so anyway, that would be a breach of GDPR and would give the keeper grounds to sue.
« Last Edit: November 27, 2023, 01:11:31 pm by cp8759 »
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law. Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament. I am a Conservative councillor, this means some people think I am "scum". I am not a lawyer.

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

feelsunfair

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Re: Pay PCN with cash
« Reply #6 on: November 27, 2023, 01:32:53 am »
Thanks all.
Interesting discussion.

Barnet donít even want cheques so unless there is a reason why a plastic card cannot be used you are a bit stuck and the pcn will progress towards the bailiff. Best ask the council itself.

I may try to contact the council to ask this question and see what they say. The PCN does have instructions on the reverse for where to send a cheque.

I like cp8759's suggestion to send cash recorded delivery and then sue for GDPR infringement if they obtain keeper details from DVLA. Not going to go to the hassle of trying it, but great idea  :) .

...however unlikely, can give the cash to someone else and that person pays?
This sounds rather similar to the situation at hand.

cp8759

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Re: Pay PCN with cash
« Reply #7 on: November 27, 2023, 01:12:39 pm »
I like cp8759's suggestion to send cash recorded delivery and then sue for GDPR infringement if they obtain keeper details from DVLA. Not going to go to the hassle of trying it, but great idea  :) .
Arguably the keeper could get something between £250 and £750 pounds, and would likely get the PCN cancelled if the council took things that far.
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law. Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament. I am a Conservative councillor, this means some people think I am "scum". I am not a lawyer.

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

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Re: Pay PCN with cash
« Reply #8 on: November 28, 2023, 01:38:31 am »
Perhaps something worth trying next time someone gets a PCN with little alternative prospects to get it cancelled ;D