You would have to check with your credit card company as to whether a similar agreement to take back the payment exists between the credit card company and the enforcing authority (as is the case in the attached Patas ruling), but the ruling certainly makes interesting reading.
I would add that Wastemonster still have a right to pursue this individual in the small claims court, but for what it will cost in time, effort and money I am not sure they will.
Just imagine if this became common knowledge.
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211059810A
Appellant: Mrs Fakhreya Elenezi
Authority: Westminster
VRM: R437ULM
PCN: WM6884183A
Contravention Date: 30 Jun 2011
Contravention Time: 20:06
Contravention Location: Seymour Street
Penalty Amount: £130.00
Contravention: Parked in a residents or shared use bay without displaying a permit, voucher or Pay & display ticket
Decision Date: 02 Dec 2011
Adjudicator: Edward Houghton
Appeal Decision: Alowed
Direction: Treat the penalty as paid.
Reasons:
It appear that payment of £65 was made by credit card in due time and that this sum was credited to the Council's account i.e was received by the Council. At that point the penalty charge was paid. There seems to me no provision in the legislation for a charge which has been paid to subsequently become unpaid, and for the enforcement procedure to be resurrected. If the Council has some agreement with the credit card company that allows sums to be debited from its account the risk of this occurring lies on the Council. The Appeal must be allowed.
