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I concluded a parking charge by sending a partial payment in final settlement.
I received a parking ticket from a private operator when parking at my local college. I thought it was a student prank and threw it away. A few weeks later I got a demand for £80 as I had not paid the £40 penalty within the specified time. I considered the position for a couple of days and decided that I would send a cheque for a lesser amount, but still sufficient to tempt them to cash it. A cheque for £25 was duly posted with a brief covering letter pointedly not mentioning the words offence, liable etc and stating that the cheque was in 'full and final settlement’.
The company wrote back and said that they had accepted my cheque ‘on account’. I replied and pointed out that the cheque was sent in ‘full and final settlement', not ‘on account’ and that they should either accept my cheque in 'full and final settlement' or reject and return my cheque. I also added that if I hadn't heard from them that their file would be closed and archived and would not be reopened without advanced payment of a £50 administration fee. That was 12 months ago and I have heard nothing since. I think that they decided that a bird in the hand was worth two in the bushes.
The company wrote back and said that they had accepted my cheque ‘on account’. I replied and pointed out that the cheque was sent in ‘full and final settlement', not ‘on account’ and that they should either accept my cheque in 'full and final settlement' or reject and return my cheque. I also added that if I hadn't heard from them that their file would be closed and archived and would not be reopened without advanced payment of a £50 administration fee. That was 12 months ago and I have heard nothing since. I think that they decided that a bird in the hand was worth two in the bushes.
Asked on 2 November 2012 by AS, via email
Answered by
Honest John
Well done. But won’t be so easy from October when these people gain draconian new powers. See: www.britishparking.co.uk/Approved-Operator-Scheme-...e (TinyURL: tinyurl.com/89jvq52)
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