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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70209
Experience:  Over 5 years in practice.
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Jo C, my name is***** also had a problem with warwickshire

Resolved Question:

Hi Jo C, my name is***** also had a problem with warwickshire cc with two machines out of order in the same street when I got back to my car there was a ticket on it. I paid £25 just after the time ran out (after two weeks) they cashed the cheque within a week, as nothing happened for almost a month, I believed that the matter was over with, then I started to get letters asking for the balance (£25) they did not send my original cheque back.Also in the letters that they have sent they are telling me that the colour of my car is Black...however my car is Red.The last letter that they sent was a Witness statement for unpaid penalty charge to be sent to the Traffic Enforcement Centre in Northampton. I need help and advice . Thanks Alan
Submitted: 2 years ago.
Category: Traffic Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
How can I help with this please?
Customer: replied 2 years ago.

1)..should they have sent my original cheque back if the amount payable was not correct instead of cashing it,with a letter stating why?

2)..also they keep saying in there letters that the colour of my car is a black Audi but in fact it is red, can this be used to fight the ticket?

The fine now has increased to three times the original fine minus the £25 that was sent in the first place.Can I ask for it to be cancelled due to two ticket machines not working on the day I got the ticket ( I did purchase a ticket on the day but it is nine minutes past the the time the parking ticket was issued)because of looking for a working machine

Expert:  Jo C. replied 2 years ago.
Thanks
1 No, They are free to accept it as part payment. They should have written back explaining but they do not have to send the cheque back.
2 Not really. It is a non issue really anyway if the number plate is correct but in this case you have paid so cannot fight the fine.
Since you have paid there is no basis for an appeal on facts.
It might have been possible to appeal on this point originally but you paid.
They may accept the lesser sum as full payment as a gesture of goodwill if you appeal on the basis that you have paid in full. It is one of their discretionary grounds. It depends what stage this has reached.
Sorry but I have to give you truthful information.
Can I clarify anything for you?
Jo
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