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#Post#: 11865--------------------------------------------------
Reduced fee offered by cheque as full and final settlement
DIR By: GSX1100
Date: December 4, 2023, 12:42 pm
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Hi Everybody, great site.
After straying into an ULEZ unknown to me at the time, only to
be written to 3 weeks plus later, i was then told i would have
to pay £90 as over the 14 day period.
I replied to this, objecting on the grounds, that i was not
aware i had encroached into a zone, not seen any signage as
such, nor signage on approaching roads, nor any signage how to
pay immediately etc. This was immediately refused by TFL.
I then replied if necessary i would like to contest this in
court, however to save the courts time i was willing to pay the
original £12.50 fee as that would have been the amount claimed
if i had been informed of this charge within 48 hrs. I sent a
large letter confirming this, saying that my reduced payment was
an offer of full and final settlement and my cheque enclosed was
also written on the back to this effect.
72 hrs later this cheque was cashed. I assumed this was
therefore all settled in full.
Now a few months later im being chased for another £266 as they
state i only made a part payment, but still they do not
acknowledge, nor refuse my full and final settlement offer.
I always believed if this offer was cashed and no correspondence
to myself was received within a month stating an error on their
accounts dept of encasing this cheque then it would still be
legally binding as paid in full, however i see on the tcl pin
site that it shows a notice has been issued to recover all
costs. Please can anyone advise me regards gsm
#Post#: 11873--------------------------------------------------
Re: Reduced fee offered by cheque as full and final settlement
DIR By: H C Andersen
Date: December 4, 2023, 1:32 pm
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Can we see their rejection letter please.
Can we see their 'being chased for £266' letter pl?
#Post#: 11878--------------------------------------------------
Re: Reduced fee offered by cheque as full and final settlement
DIR By: fraser.mitchell
Date: December 4, 2023, 2:43 pm
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OP, the enforcement procedure is enshrined in law,
HTML https://www.legislation.gov.uk/uksi/2013/1783/regulation/7/made
and the council cannot alter it. By sending your letter and
cheque all you have probably done is close off any possibility
of taking them to adjudication.
We urgently need to see the letter they have sent you asking for
£265
No documents=bad advice
#Post#: 11881--------------------------------------------------
Re: Reduced fee offered by cheque as full and final settlement
DIR By: GSX1100
Date: December 4, 2023, 3:41 pm
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Hopefully pics now load
[attachment deleted by admin]
#Post#: 11883--------------------------------------------------
Re: Reduced fee offered by cheque as full and final settlement
DIR By: fraser.mitchell
Date: December 4, 2023, 4:26 pm
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You should have received an Order for Recovery by now; have you
?
At the OfR stage you can submit a Witness Statement (TE9), but
I'm not sure any of the statements on it match your situation,
unless you can tell us more.
So it's probably best if you post all the documents starting
with the first one which should be the PCN, and including your
letter, (with cheque), that you sent them. Once the period for
submitting a TE9 expires, the council will instruct bailiffs.
Apart from them cashing the cheque you sent them, did they send
any response letter to you. At the moment, I see nothing to
allow you to legally submit a TE9
Here's the TEC TE9 form page
HTML https://www.gov.uk/government/publications/form-te9-dart-charge-mersey-gateway-clear-air-zones-challenge-a-traffic-enforcement-order
#Post#: 11886--------------------------------------------------
Re: Reduced fee offered by cheque as full and final settlement
DIR By: GSX1100
Date: December 4, 2023, 5:07 pm
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Thanks for the reply, after i sent the cheque over and watched
it being cashed, I've had nothing else until the letter dated
4/10 as per image that stated i had only paid £12.50 off the
bill ( a full month after they cashed my cheque which also
stated on the back as full and final settlement ) and then the
order for recovery (dated 13/11/23) which i only received on sat
25th Nov. So was going to file a statutory declaration today
at my local county court but they turned me away has i have to
make an appointment over the phone. All i really wanted was to
appeal to an actual judges common sense. (If your never
notified within 48 hrs how can you ever pay just £12.50 not
£90!!
[attachment deleted by admin]
#Post#: 11887--------------------------------------------------
Re: Reduced fee offered by cheque as full and final settlement
DIR By: fraser.mitchell
Date: December 4, 2023, 6:53 pm
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It is your letter accompanying the £12.50 cheque we need to see
to decide if it is a representation. If it is, (forget the money
for now), then you can legally submit a Statutory Declaration
that you submitted reps but received no reply. If you just sent
a cheque with no letter or any accompanying note, then you
cannot legally submit an OOT SD.
#Post#: 11889--------------------------------------------------
Re: Reduced fee offered by cheque as full and final settlement
DIR By: GSX1100
Date: December 5, 2023, 12:58 am
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Good Morning,
on my previous reply, i did attach a copy of my accompanying
letter with the £12.50 cheque as a pdf at the bottom of my
comments,
hopefully this is viewable from your end
re GSX
#Post#: 11894--------------------------------------------------
Re: Reduced fee offered by cheque as full and final settlement
DIR By: H C Andersen
Date: December 5, 2023, 3:13 am
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This is serious.
You* have until TODAY** to file an in-time Stat Dec. If
necessary, get it witnessed by a solicitor, but get it done
today.
Don't start arguing about when you* received the OfR, how could
you prove 25 Nov? You couldn't, so don't even think about it pl.
*- are you a company as in 'I will be happy to register all my
vehicles'? If the OfR is addressed to a company then make sure
you have docs which show you are an authorised signatory pl.
**- OfR issued 13 Nov. Presumed delivered 15th, which is day 1.
The 21-day period allowed expires 5 Dec, today.
#Post#: 11904--------------------------------------------------
Re: Reduced fee offered by cheque as full and final settlement
DIR By: Pastmybest
Date: December 5, 2023, 5:18 am
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There is no copy of the letter you sent. This is important,
there are only a few grounds you may submit a SD on and all we
see at the moment is lat no apply to you.
If you submit a false declaration you risk a serious criminal
charge that could potentially end up with prison time so post
the letter and let us give you sound advice
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