Hi, everyone. I paid PCN in few cheques ......

[norbi6912]

Anyone to help???? I have paid PCN but I was used few cheques some post dated and they sent them back twice? I have asked for legal background of refusal but .... nothing. Now I am facing 100 pounds instead of 50 . Any advice.....

[silverfox1961]

Hi and welcome to CAG

 

I'm a little confused. Are you saying you couldn't afford the full amount in one go so sent post dated cheques for the penalty.

 

Was this a Fixed penalty notice (council warden issued) or one from a private car park?

[Jamberson]

If it's a council PCN, you should not be sending post-dated cheques. They will get tangled up in the system, sitting around waiting to be banked. They probably did right in sending them back to you.

 

You need to get all the amount you owe into their till before the relevant deadline. You can make a series of part-payments, as long as it's all paid in time. But you cannot award yourself an extension by giving cheques which cannot be banked until later on. You'd be much better off talking to them and coming to an arrangement.

[norbi6912]

Hi, it was full amount 50 pounds but in about 25 cheques, I have checked there is no law which saying that I can't to do so than it is not illegal they marked this cheques with receiving dates etc etc.

 

Norbert

[sailor sam]

Hi, it was full amount 50 pounds but in about 25 cheques, I have checked there is no law which saying that I can't to do so than it is not illegal they marked this cheques with receiving dates etc etc.

 

Norbert

 

So your'e making some kind of protest! Nice idea but won't this cost you extra in bank charges?

 

Please Note

 

 

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I would always urge to seek professional advice for clarification prior to taking any action.

 

 

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[green_and_mean]

Hi, it was full amount 50 pounds but in about 25 cheques, I have checked there is no law which saying that I can't to do so than it is not illegal they marked this cheques with receiving dates etc etc.

 

Norbert

 

Its not illegal to send them £50 in monopoly money but it doesn't mean they have to accept it as payment a post dated cheque is not valid until the date on the cheque so you may just have well posted them an IOU written on bog paper.

[Michael Browne]

How many of the 25 x £2 cheques were post dated beyond the 14 day discount period and what were the dates of the 1st and last cheques?

[Al27]

There is no such thing as a post dated cheque. If you present a cheque to be cashed it will go through the system whatever the date says. Likewise, 99% of the time it will go through if it is made out to Mickey Mouse.

 

In effect you have sent them payment but instructed them not to cash it.

[Tony P]

My understanding of what the OP says is that he sent a number of cheques totalling the amount then due, some post dated.

 

Presumably -

- these were all 'in date' within the period of discount, and

- valid, and

- would have been paid if presented.

- But the LA refused to present more than one cheque in settlement, or a series of cheques on differing dates.

 

Have I understood correctly?

Edited January 17, 2011 by Tony P

[Bernie_the_Bolt]

If this got to adjudication and rested on the payment methodology, I would find it hard to understand how an adjudicator could find that OP had not acted vexatiously in writing a number of cheques.

[RichRoast]

There is no such thing as a post dated cheque. If you present a cheque to be cashed it will go through the system whatever the date says. Likewise, 99% of the time it will go through if it is made out to Mickey Mouse.

 

In effect you have sent them payment but instructed them not to cash it.

 

Indeed, i was told the date only exists as there is (or was if this has been altered in the last few years) a 6 month "window" for cashing it. If presented after 6 months the bank would either reject it or query it with the writer.

[dw190]

If the cheques were all dated correctly the LA should accept as full payment, its no different than giving 25 x £5.00 notes for a £125.00 bill.

 

Only last night I was out for a meal and a group of six couples on the next table offered six cards and asked for the bill to be split with equal sums off each of the cards.

[sailor sam]

If the cheques were all dated correctly the LA should accept as full payment, its no different than giving 25 x £5.00 notes for a £125.00 bill.

 

Only last night I was out for a meal and a group of six couples on the next table offered six cards and asked for the bill to be split with equal sums off each of the cards.

 

As I mentioned in my previous post (#5), it may boil down to bank charges. The question is; would the LA be within their rights to mitigate their costs by refusing this method of payment? A judge may consider the OP is being unreasonable and by being so, is causing the plaintiff un-necessary expence. No doubt when paying by 'card' there may well be a surcharge for this.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[Al27]

If the cheques were all dated correctly the LA should accept as full payment, its no different than giving 25 x £5.00 notes for a £125.00 bill.

 

Only last night I was out for a meal and a group of six couples on the next table offered six cards and asked for the bill to be split with equal sums off each of the cards.

 

But the problem would have been if the couples had each left their cards and pin numbers and told them to process payment in 2 weeks time.

[Bernie_the_Bolt]

If the cheques were all dated correctly the LA should accept as full payment, its no different than giving 25 x £5.00 notes for a £125.00 bill.

 

Sorry, there's a ton of differences between a banknote and a cheque.

[Jamberson]

And you need to bear in mind that there is a time limit after which, the original amount is no longer sufficient to cover the level of charge. It increases after a certain deadline passes.

[green_and_mean]

If the cheques were all dated correctly the LA should accept as full payment, its no different than giving 25 x £5.00 notes for a £125.00 bill.

 

Only last night I was out for a meal and a group of six couples on the next table offered six cards and asked for the bill to be split with equal sums off each of the cards.

 

If they were dated correctly they would not have been returned and the OP would not have been on here moaning his plan had gone wrong........unfortunately they were NOT dated correctly!!