Cheque not cashed - now saying I've not paid!

marc.faulkner

Evening all,

I was issued with a PCN from East Riding of Yorkshire Council for parking in a pay and display car park without displaying a valid ticket.

I do not contest the ticket - it was a genuine error on my part. The car park is behind my home and parking is unrestricted between 6pm and 9am so I sometimes park there overnight if I cannot park in the street outside my house - and on the occasion in question I had overslept and by the time I got to the car it had been ticketed!

I duly sent off the ticket with a cheque for £30 and thought nothing more of it.

In Fridays post came a letter from ERYC telling me that I had not paid and as such would now have to pay the full charge of £60.

Whilst not disputing that I was in the wrong, I do object to having to pay double because they claim not to have received my cheque... Legally where would I stand if I contested this?

I have experienced other issues with the local postal service recently and have made a complaint to The Royal Mail about this - so have that to back up the fact that the cheque may have not arrived...

Cheerd

pogofish

For anything to do with councils in general and parking in particular, I would always now use recorded delivery, or get proof of postage at very least.

Hope it gets sorted without having to pay the higher sum.

Quentin

Try and appeal their decision by explaining the facts, but if they reject the appeal you will have to swallow the extra charge. The council are not responsible for items getting lost in the post.

Your "evidence" (that things get lost in the post) isn't really conclusive proof that yours was!

Neil_B

I'm not sure there is any further avenue of appeal to the Council at that stage.
ERYDC seem to have been doing overtime last couple of months! They short of money? Quite a few cases popping up on forums recently.

They use criminal RTRA 1984 so ultimate recourse is to present that case in front of a Magistrate. Would rarely recommend that cos it's a bit of a crap shoot, fickle Mags and extra cost if you don't win.

Got any kind indicative proof that you at least wrote a cheque? preferably with a subsequent stub marked and dated for an unrelated later cheque?

I'm just wondering of it might be worth a try at sending them £30 and explaining that you believe that is all that is due. If they proceed with Court action then at least you've shown you did all that could be expected? - ish - and hope to find a friendly Mag to say 'no case to answer'?

Pretty much depends how strongly you feel and whether you think you could persuade a Mag - firmly but very politely!
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the other issue here is that people have assumed this to be a postal issue. Yep might be but it could be the Council. Cheque could be floating around some Council office right now.

There is actually an advanced case up in front of a District Judge tomorrow. briefly - PCN pain by cheque - Council claim not received, paid by cheque again- same result, paid by card - funds listed on statement as paid to the Council - Council deny!!!!!! Eh?

The 'unofficial' explanation of why that Council are contesting a 20 month old case tomorrow is quite gobsmacking and worrying. I can't repeat it cos i gave my word. i will just say that it raises concerns as to whether Councils should be allowed to handle any financial issue at all!!!!