JLA "Stopping" Charge

Fruitcake

I don't know if you have to include the claimant on the draft order, but it cannot do any harm. It will in any case prevent any accusation from the claimant of unreasonable behaviour if they have been informed of your intentions.
They cannot later say, we knew nothing about this.
Anything sent by email should always be sent to yourself as well. If the court receives a copy, and you receive a copy, on the balance of probabilities, the claimant will have received a copy as well.

A certain Very Conscientious Stalwart parking company has form for saying they never received correspondence. 

Router66

The defendant received a cheque in the post this morning...It was sent by Elms Legal?  (VCS had previously advised that Elms Legal were no longer acting on their behalf).
The payment fell 50p short of the amount specified by the court order.
It had been arranged with the VCS Solicitor that payment would be made by bank transfer and he was provided with account details.
The cheque was dated 8th August 2022 (date of deadline) but was not posted until 20:47pm on the 9th August 2022. It was also posted 2nd class.
I presume the defendant is within their rights to demand a replacement cheque for the full amount, to be sent first class?
Since the payment shortfall is a 4th breach of the court order, should the defendant again notify the court, or will that be seen as being trivial?

Fruitcake

Two failures then. One failure to pay the court ordered amount, and one failure to pay by the court ordered deadline.

When I was a union rep I was always told, consolidate what you have got, then ask for the rest you originally asked for, so personally I would bank the cheque.
Did you send the notification giving the claimant 7 days to respond? If so, I would let it time out than raise a warrant of control, or send an LBC for the missing amount. In fact, I would do the above even if you didn't send the 7 day reminder.
I would also add on 2p per day interest from the 8th to the day the cheque would clear your bank account if you banked it the day you got the cheque.

You should still send a draft order to the court quoting the two failures to comply with a court order, and ask for the claim to be struck out whilst also asking for costs for unreasonable behaviour.

Router66

Did you send the notification giving the claimant 7 days to respond? Yes...it was sent yesterday morning

@Fruitcake; I had the below response ready to go, once I had run it by the forum; I managed to tag on your suggestion about including interest but would like to avoid a cheque payment as I am living away from home at the moment. The draft order to the court pointing out three breaches was submitted yesterday; the fourth breach, for short payment, will be submitted shortly...Thanks again for your input.

Dear Sir/Madam, I am today in receipt of a cheque sent on your behalf by Elms Legal; This is somewhat puzzling since you have already advised me that Elms Legal are no longer working on your behalf.
Regardless, the cheque is made out in breach of the court order of 25th July 2022 since the amount payable is in shortfall to the amount ordered by the court. Furthermore, it is also in breach of the court order for not being paid by the 8th August 2022. The cheque is dated 8th August but was not posted until 20:47pm on the 9th August 2022.

After the case was adjourned on the 25th July 2022 it was agreed with your representative, Mr Efobe, that the court order would be settled by bank transfer; accordingly Mr Efobe took away my account details and confirmed he would pass them on to VCS in order to effect payment.

I therefore require VCS to make good the promise of your agent and make full and immediate payment into my bank account of the £94.50 due to me AND £0.02 per day interest for every day between 8th day of August 2022 and the day on which your transfer is cleared in my account.
I have provided my account details again, below.
Yours faithfully,

A/ct. XXXXXXXXX : Sort Code xx xx xx

Fruitcake

If you require the full amount to be paid by bank transfer then I wonder if you should to return the cheque to the issuer. If you do so, then I suggest you take a copy and perhaps a photo of it being put into an addressed envelope, then sent first class from a Post Office counter whilst obtaining the all important free proof of posting.
Don't forget to add the cost of postage to the amount owed by them.

Alternatively you could destroy the cheque and tell VCS you have not received the court ordered payment by the agreed method, by the court ordered date. Since the cheque was for an incorrect amount, this will be a true statement of fact.

Either way, warn them you will start legal proceedings if they fail to comply with the court order by X date. This could be in the form of a warrant of control or a court claim. Don't forget to warn them about problems they may have obtaining credit if they fail to pay, and that they may want to seek debt advice from CAB etcetera (copied word for word from their own documents). 

Grizebeck

Personally
Id just bank it and accept it
It could easily and probably is human error
No point getting out of your box over 50p

Snakes_Belly

I think I would add it into your costs for your next hearing. 

Router66

If I thought that was the case then I would agree with you, but I have read other threads where they have short-changed defendants. 
It is not about 50p it is about breaching 4 court orders. 

Fruitcake

It all comes down to how bolshie you want to be.

I would use the law to get every penny I was owed, and cause maximum disruption to the PPC in the process, but not everyone is like me.

Grizebeck

Fruitcake said:

It all comes down to how bolshie you want to be.

I would use the law to get every penny I was owed, and cause maximum disruption to the PPC in the process, but not everyone is like me.

Router66 said:

If I thought that was the case then I would agree with you, but I have read other threads where they have short-changed defendants. 
It is not about 50p it is about breaching 4 court orders. 

A judge may not be to inpressed.....