Paid parking fine on time but they didn't receive on time!

Fan_of_Martin

I paid my parking fine to Harrogate Borough Council within two days of the allowed 14 days before attaching the extra (double) fine. They received it l10 days-ish later. I have paid the £25 but they want the other £25 = £50!! I am so annoyed. It's not my fault that they did not get it on time. Does anyone think it's worth arguing this further or do Councils normally just stick to their guns and prosecute? I feel like letting them take me to court and argue that I have paid the initial charge. What do you think???

Please help

Neil_B

how did you pay and what legislation was the 'ticket' issued under?

DCodd

Check your bank account and see when the cheque cleared, if it cleared before they say that they received it then you can prove that they were "mistaken". It was an "error" I had with Westminster once or twice:rolleyes:

Coblcris

clearing date is not the same as the date they receive payment, well settlement not payment to be more accurate

jkdd77

A letter sent by first-class post is deemed in law to be received two working days later, under section 7 of the Interpretation Act 1978.

You paid in time- but you may need to appeal to the independent adjudicator, because councils are notorious for rejecting all appeals, no matter how reasonable.

DCodd

Coblcris wrote: »

clearing date is not the same as the date they receive payment, well settlement not payment to be more accurate

Exactly, you can deduct 3 days at least for clearing and that is reasonable proof of receipt, unless they held on to the cheque before banking it. But the point is to check if it cleared before the 10 days (taking in to account the 3 days) they said they received it.

Gordon861

If they have cashed the cheque you could argue they have accepted payment for the fine. If it had taken too long they should have returned the cheque to you and informed you that you were too late.

Did you by any chance write 'parking fine settlement' or similar on the back of the cheque? That would have shown that they had accepted the payment to close the issue.

Neil_B

Why is everyone 'assuming' it was a cheque?? and why has the OP not been bothered to respond and answer the first question??

waste of time.

DCodd

Neil_B wrote: »

Why is everyone 'assuming' it was a cheque?? and why has the OP not been bothered to respond and answer the first question??

waste of time.

If it was electronic then it could not take 10 days to arrive it would have bounced back before that date.

But I agree if the op cant be bothered to answer then yes, waste of time!

Coblcris

I agree. but the bank clearing time is completely irrelevant. A cheque is a bill of exchange, bank processing is not germane in any way.

Neil_B

DCodd wrote: »

If it was electronic then it could not take 10 days to arrive it would have bounced back before that date.

I'd like to think so but I've seen too much!

Been helping someone fight a Council who pursued him since February 2007 for non-payment. He had paid and we eventually beat them in Court.

Needless to say, despite the Judge making an order against the Council for his costs THEY have not paid for over two and a half months!
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