Author Topic: Pay PCN with cash  (Read 1488 times)

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Pay PCN with cash
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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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Re: Pay PCN with cash
« Reply #1 on: »
It’s not a debt, it’s a penalty.
I am not qualified to give legal advice in the UK. While I will do my best to help you, you should not rely on my advice as if it was given by a lawyer qualified in the UK.

Re: Pay PCN with cash
« Reply #2 on: »
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?

Re: Pay PCN with cash
« Reply #3 on: »
Barnet don’t 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 now ask that a £40 donation is made to the North London Hospice before I take over your case. 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 before asking you to donate.

Re: Pay PCN with cash
« Reply #4 on: »
It’s not a debt, it’s 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 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: Pay PCN with cash
« Reply #5 on: »
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 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: Pay PCN with cash
« Reply #6 on: »
Thanks all.
Interesting discussion.

Barnet don’t 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.

Re: Pay PCN with cash
« Reply #7 on: »
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 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
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Re: Pay PCN with cash
« Reply #8 on: »
Perhaps something worth trying next time someone gets a PCN with little alternative prospects to get it cancelled ;D