Fixed Parking Fine

[malagabob]

I was given a fixed penalty parking fine of £30 on 2nd Feb which I payed by cheque Dated on the stub as 10th Feb. I have a bank statement showing the cheque was cashed/withdrawn from my account on the 28th Feb
I have just received a letter informing me that the penalty has not been paid.
And have been given 28 days to pay(again) sign a statutory statement of ownership/hiring or statutory statement of facts etc.
I have started to write a letter, informing the fixed penalty office that I sent the cheque to, that the fine has been paid. What are your views please.

[princemac]

Well I wound'nt of paid in the first place but that does not help you,so you have received a statutory statement of ownership/hiring,well seen as the word driver in law means a commerce term you are not the legal driver,nor are you the owner,read your V5 very carefully.Simply send them a letter by recorded delivery stating the facts of paying this fine on 28th Feb and keep a copy and your postage receipt.The DVLA are notorious for little tricks like this,they recently changed there policy so if you kept "your" car off road and on your own private property you still have to fill out a sorn notice and if you don't you get a fine of £80.They tried this little trick with one of my cars.Keep me updated.

[Buenchico]

More of the usual rubbish from Princemac, I see.

Stick to your guns, Malagabob. If the fixed penalty notice was issued by a police officer (or PCSO/Traffic Warden), in an area where parking violations haven't been decriminalised, then the worst that can happen is that you could be taken before a Magistrates Court, where you could explain the situation and get the matter quashed.

If it was a parking charge notice issued by local authority staff (or their agents) in an area where parking violations have been decriminalised (or by a private company in relation to parking on private land), the worse that could happen is that the matter could be brought before a County Court where, again, you could offer an explanation.

Chris

[malagabob]

Thanks Chris I was thinking of adding to the letter I intend to send "I have proof of cheque made out, payment withdrawn from my bank account. Supply me with your proof of non payment". Or would that be adding problems.

[SlackAlice]

I'd just send them a letter along the lines of
"Cheque No xxxx sent on or after 10th Feb. Cheque was cleared by my bankers on 28th Feb. It would appear your accounting systems are somewhat out of date.
If you require 'proof' of payment, I will send it on the understanding you agree to accept any charges made by my bankers and obviously my postal charges in sending it to you.
If you are unable to accept this, then I will see you in Court and I will ask for legal costs and reasonable costs from you, when you lose the case"

[sir.prize]

Just write to them, saying:

You've had it.

[Buenchico]

>>> I was thinking of adding to the letter

What I would add to the letter would be along the lines of:
"Payment was made by post on 10/02/13 by post, with cheque no 123456 drawn upon Bloggs Bank account number 12345678 (sort code 12-34-56). My bank statement shows that this cheque was debited against my account on 28/02/13.

TAKE NOTICE that I regard this debt as PAID IN FULL. Further TAKE NOTICE that I will make an administrative charge of £20 per letter for any further correspondence that your accounting error forces me to send to you."

[factor-fiction]

I agree with Buenchico.

I am also puzzled by princemac's reply which seems like nonsense to me but he keeps posting on numerous threads about the apparent distinction between a driver and operator which can be used to avoid all sorts of charges, so I wondered if one of our legal experts could tell us whether it is nonsense or not.

[joko]

http://www.justanswer.com/uk-law/2ikoq-legal-definition-driver-statute-law.html