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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70510
Experience:  Over 5 years in practice
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I paid a parking ticket fine direct to local authority. They

Resolved Question:

I paid a parking ticket fine direct to local authority. They acknowledged receipt in writing and said that the case was closed. Two weeks later they returned my cheque, with another letter saying that I had to pay the bailiff direct. Isnt refunding my money effectively wiping the debt? Can they do this? Can I stop the bailiffs from taking further action? The bailiff bill has also increased by £400 in the two weeks between the local authority sending the letter stating that the case was closed, and them returning the cheque yesterday.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

Jo C. :

Hi. Thank you for your question. My name is XXXXX XXXXX I will try to help with this. Why are the bailiffs involved, were you late in paying?

Customer: Yes. However, the council accepted the payment after this fact, and wrote to me stating that they had accepted payment and the case was now closed.
Customer: But can they close the case in writing on the 14th of march,
Customer: the letter dated 14th march states
Customer: Does the fact that they sent a letter stating: the outstanding amount due on this case is now £0. As you have paid £172 against this PCN we now consider your case closed and no further action is needed. This letter was dated 14th march. Does it have no legal standing? The Subsequent letter, saying they cannot accept payment is dated 20th march
Jo C. and 4 other Law Specialists are ready to help you
Expert:  Jo C. replied 3 years ago.
Hi

I see what has happened here.

In short, you paid too late. By the time you paid it had already gone to Adjudicator and been passed to bailiffs so the council were no longer seized of the matter.

Refunding the cheque is not wiping the debt.

The reason £400 has been added is for bailiff fees because of the action they have taken which would be about right. It depends what has been done exactly. If you think there is over charging then you can sue the bailiffs to recover after you have paid but bailiffs fees can often be rather expensive unfortunately.

If you didn't pay too late then that would change things but late payment would make sense here. If you give me the exact dates of the fine, the finding against you and the payment then I could work that out for you.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo