Was my cheque legally valid?

Suefan2

fruitcake. No, unfortunately it was definitely just one overlong stay as stated on my post just now. I wasn`t the driver. I`m one of those boring people who never knowingly break rules. Parking, Covid or otherwise.

blackdog2220

Ok , I am going to back off

the driver chose to leave the car on the retail park rather than moving the car to the town and pay for parking , the extra time (after 3 hrs) has cost them £60 

you have paid the £60 and the driver has re embersed you , you paid by cheque in order to get a printed recept to hand to the driver 
you have sent the cheque , you have proof its been delivered , , you need to formally write to them stating cheque was posted and show proof they recieved it 

IF they ask you to cancel it and to write a new one , you should do , failing that they should shout at fido for eating it 

come to think about it , most parking co,s know that signed for letters are usually summons or from solisitors , suprided they signed for it 

Suefan2

Blackdog2220. thanks for your post re: cancelling the cheque, I have no intention of cancelling it as I guessed it would create more problems. I have checked every day since I sent it to see if it had been cashed or was a possible `pending` payment and I will continue to do so for as long as necessary. I assume that if they were to cash it that would be a legal end to the matter.
Would you advise me to contact them stating dates cheque was sent and received or is it best to hang fire for now?
Thank you for all your replies (just wish I could type as fast as you!)

Suefan2

Blackdog2220 Actually I wrote the cheque to have proof to show G24 or anyone else that might dispute my having paid. I would have paid online but couldn`t access the payment website despite trying a few times.
Thanks so much to you and others for your help and advice today. Enjoy the rest of your weekend. I`m off to read the newbie stickies x

blackdog2220

yes , reply to there final notice simply stating that a payment was made to them at reduced rate within there timescale 
show them proof of posting and cheque stub/number , thank them very much 

full stop , let them get in a pickle not you 

Half_way

If they have cancelled it, or mislaid it i would tell them to find the cheque .

When you write the cheque, you will sign it, and date it, the date is/can be important as if they do not cash/bank the cheque after a certain amount of time (6 months)   then the cheque is invalid, this will/would be an error entirely of their own making

Aside from the Cheque, One of the key issues here is the question of does their correspondence comply with the Protection of freedoms act, if they are still insisting on payment and their threat o grams fail to comply with PoFA  you should be able to tell them to get stuffed - something along,but not the same as these lines

Dear sirs, Re parking charge notice ####

Payment for this parking charge notice was made to you by cheque, further more you have failed to comply with the protection of freedoms act and as such you must now take this matter up with the driver on the day, do not contact me again regarding this parking charge notice

As for signs in the car park, they may be prominent, but in some cases they may fail to be able to form anything binding, do they pass the "beavis test"? are they prohibitive - you can not agree to do something you are not allowed to do and so on

MothballsWallet

@Suefan2 A cheque is considered valid for 6 months from the date written on it.

If they present the cheque to their bank after that time, their bank can refuse to accept it so they would have to contact the original issuer and request a new one (this is from my own understanding and experience with banks and cheques).

Also, debt collectors have about as much power to demand money from you for this parking ticket as I do.

blackdog2220

the parking co cannot cancel a cheque posted to themselves , upon recieving it , they have two choices , bank it and close the file , or give it the dog to eat 

that is not for the OP to worry about 
a "promisary" note to the value of £60 was posted to them , this note , much like shop gift cards etc has a time limit , in which to be redeamed , its 6 calender months 
as above , bank it of give it to fido , the failing of g24 staff and bad accountancy does not mean they can go back for more money 

the signage is irrevent if the OP insists that they were not the driver , how would they know what the signage said 

in one hand , you could say the OP has accepted the charge , but on the other hand , they have not recieved cashed payment 
the fact that the OP has proof of postage / delivery , is a bu%%er in a way , sort of prives that they have taken sole responsability for the case and admitted to the charge 

Half_way

What the signage says or doesnt, or how the signs say it matters if G24 have complied with the Protection of freedoms act, even though the original poster has said they were not the driver.

 The parking company can still hold the registered keeper liable for the parking event even if they ( the registered keeper) were not there.

 At this point what it says on the signs is important.

So a few things are at play here:

The Status of the Cheque

Did the G24 letters/demands etc comply with the protection of freedoms act, and if Yes then what is the content of the signage?

Due to the cheque issue, this could take a while to run its course.

 One thing that will help is that any time limits for so called appeals are entirely arbitrary and made up by the parking company and its private members trade club.

If the cheque has not been cashed and they are still demanding money then PoFA compliance comes into play, then what the signs say depending upon if G24 comply with PoFA is of importance

nosferatu1001

There is case law that cheque payments are considered to be complete on the day they are received 
this is to stop recipients from hanging on to cheques to claim late oayments