National Parking Adjudication Service
Mr A -vBuckinghamshire County Council 13/08/99 - HIW0231 Adjudicator’s Reasons Mr A does not dispute that a parking contravention occurred, nor does he dispute the issue of the Penalty Charge Notice. He has appealed because he left a cheque for payment of the reduced penalty with a friend. Regrettably, the friend did not submit the cheque for £20.00 to Buckinghamshire County Council until after the expiry of 14 days. Section 82 (5) of the Road Traffic Act 1991 states “in determining, for the purposes of any provision of this Part of this Act, whether a Penalty Charge has been paid before the end of a particular period, it shall be taken to be paid when it is received by the Authority concerned”. In this case the cheque for £20.00 was received on the 14th of May 1999. This was 20 days after the Penalty Charge Notice had been issued on the 24th of April 1999. The provisions of Section 82 (5) are absolute and I cannot take into account the reason why Mr A’s payment was delayed. In the circumstances his appeal must fail, and if the County Council will not accept the payment of the reduced penalty in their discretion, then the full penalty of £40.00 must be paid. Caroline Sheppard Adjudicator appointed under 73(3) Road Traffic Act 1991
Dated 13.08.1999
