City of Westminster asking for another £60 despite paying in time!

rrd08

I received over the weekend a Notice to Owner from City of Westminster requesting a further £60 after I parked in a residents parking bay instead of a pay and display bay (unwittingly) and after I received this PCN on my windscreen I fully complied with it and sent off a cheque for £60, but now, almost 6 weeks after the event I have been sent this Notice asking for a further £60.

I know this isn't right and I can obviously go back to them saying that I've paid, which they've acknowledged but what other grounds can I use as they are obviously not going to accept this.

Isn't there some law or statute saying that if you bank a cheque you accept full and final settlement of the charge/notice against which it was due?

I'd really appreciate your help.

Thanks

peter_the_piper

please photo/scan/copy the pcn and nto removing the vrm and personal details. Host on tinypic and put the url on this thread leaving a gap between the http:// and the writing. The experts on here will have a look and advise.
As for a law or statute thats beyond me so hopefully others will help.

jkdd77

When did you send the letter, in relation to the 'deadline' to pay the reduced fee?

Under section 7 of the Interpretation Act 1978, a letter that is properly addressed, pre-paid and posted by first class mail is deemed to have been delivered two working days after it was sent (assuming it was posted in time to catch the last post), unless the recipient can prove otherwise.

rrd08

Hi both, thanks for your reply, here's a link to the Notice - edit - I can't post links apparently as I'm a "new user"! How can I post the scanned image?

I've looked in my cheque book and the cheque was written and sent out on (Monday) 7th August which is 7 working days after the date of the ticket which was 26th July (Wednesday).

Thanks guys.

peter_the_piper

rrd08 wrote: »

Hi both, thanks for your reply, here's a link to the Notice - edit - I can't post links apparently as I'm a "new user"! How can I post the scanned image?

I've looked in my cheque book and the cheque was written and sent out on (Monday) 7th August which is 7 working days after the date of the ticket which was 26th July (Wednesday).

Thanks guys.

see my post above on how to link or follow the stickies at the top of the forum.

rrd08

peter_the_piper wrote: »

see my post above on how to link or follow the stickies at the top of the forum.

Thanks, heres the link -
http:// img38.imageshack.us/img38/7953/noticek.jpg

peter_the_piper

sorry, no image shown and I'm not sure how many people here have an account with imageshack thats why they suggest tinypic I think.

rrd08

Hi, I haven't heard of tinypic before and use Image Shack regularly, you don't need an account with them to view the image.

Please just delete the space between the http and the rest of the address and hit enter and it should appear. It worked for me. If you can't see it I'll have a look at the tiny pic site.

Heres the link http:// img38.imageshack.us/img38/7953/noticek.jpg

peter_the_piper

Worked this time, noscript was blocking it. Hopefully an expert will be along soon to help but I can't see what they are on about.

rrd08

What they are on about I seem to think is that they are claiming the payment wasn't received in time, but as you've pointed out, it isnt very clear!

peter_the_piper

What was the date of pcn( how many days to pay) and date on the cleared cheque, if you can prove the cleque was in their hands by the required date then they've had it.