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#Post#: 11251--------------------------------------------------
Pay PCN with cash
DIR By: feelsunfair
Date: November 25, 2023, 3:50 pm
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Is it possible to pay a PCN (to London Borough of Barnet) with
cash? No such option seems to be given on the PCN itself, but
isn't cash considered 'legal tender' that cannot be refused in
payment of a debt? Does that apply here?
(In this case, I'm not looking for advice about whether the PCN
can be challenged or not)
#Post#: 11253--------------------------------------------------
Re: Pay PCN with cash
DIR By: Southpaw82
Date: November 25, 2023, 4:28 pm
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It’s not a debt, it’s a penalty.
#Post#: 11262--------------------------------------------------
Re: Pay PCN with cash
DIR By: guest46
Date: November 26, 2023, 2:58 am
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Other than being obtuse, why would anyone use cash? Even someone
without a bank account, however unlikely, can give the cash to
someone else and that person pays?
#Post#: 11273--------------------------------------------------
Re: Pay PCN with cash
DIR By: mrmustard
Date: November 26, 2023, 5:04 am
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Barnet don’t even want cheques so unless there is a reason why a
plastic card cannot be used you are a bit stuck and the pcn will
progress towards the bailiff. Best ask the council itself.
#Post#: 11282--------------------------------------------------
Re: Pay PCN with cash
DIR By: ivanleo
Date: November 26, 2023, 5:34 am
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--- Quote from: Southpaw82 link ---
>
> It’s not a debt, it’s a penalty.
>
--- End Quote ---
Para 28 of London Borough of Camden v The Parking Adjudicator &
Ors [2011] EWHC 295 (Admin)
HTML https://www.bailii.org/ew/cases/EWHC/Admin/2011/295.html<br
/>suggests the HC agrees that the council is obliged to accept
cash, at least "As a matter of strict theory".
#Post#: 11285--------------------------------------------------
Re: Pay PCN with cash
DIR By: ivanleo
Date: November 26, 2023, 5:37 am
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--- Quote from: feelsunfair link ---
>
> Is it possible to pay a PCN (to London Borough of Barnet) with
cash? No such option seems to be given on the PCN itself, but
isn't cash considered 'legal tender' that cannot be refused in
payment of a debt? Does that apply here?
>
--- End Quote ---
IMO you can pay any PCN in cash. To force the issue, you would
have to send it by Royal Mail Special Delivery to the address
given on the PCN, and to put the matter beyond doubt I'd suggest
you film yourself in a post office putting the cash in the
envelope, sealing it and handing it over the counter and getting
the receipt with the tracking number.
Once the cash is physically delivered into the council offices,
it would be very hard for the council to argue that they've not
been paid. If it's a parking regulation 9 PCN, I'd also suggest
that they have no reason to seek the keeper's details from DVLA
and if they do so anyway, that would be a breach of GDPR and
would give the keeper grounds to sue.
#Post#: 11347--------------------------------------------------
Re: Pay PCN with cash
DIR By: feelsunfair
Date: November 26, 2023, 7:32 pm
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Thanks all.
Interesting discussion.
--- Quote from: mrmustard link ---
>
> Barnet don’t even want cheques so unless there is a reason why
a plastic card cannot be used you are a bit stuck and the pcn
will progress towards the bailiff. Best ask the council itself.
>
--- End Quote ---
I may try to contact the council to ask this question and see
what they say. The PCN does have instructions on the reverse for
where to send a cheque.
I like cp8759's suggestion to send cash recorded delivery and
then sue for GDPR infringement if they obtain keeper details
from DVLA. Not going to go to the hassle of trying it, but great
idea :) .
--- Quote from: M60NJP link ---
>
> ...however unlikely, can give the cash to someone else and
that person pays?
>
--- End Quote ---
This sounds rather similar to the situation at hand.
#Post#: 11365--------------------------------------------------
Re: Pay PCN with cash
DIR By: ivanleo
Date: November 27, 2023, 7:12 am
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--- Quote from: feelsunfair link ---
>
> I like cp8759's suggestion to send cash recorded delivery and
then sue for GDPR infringement if they obtain keeper details
from DVLA. Not going to go to the hassle of trying it, but great
idea :) .
>
--- End Quote ---
Arguably the keeper could get something between £250 and £750
pounds, and would likely get the PCN cancelled if the council
took things that far.
#Post#: 11432--------------------------------------------------
Re: Pay PCN with cash
DIR By: feelsunfair
Date: November 27, 2023, 7:38 pm
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Perhaps something worth trying next time someone gets a PCN with
little alternative prospects to get it cancelled ;D
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