hello please help with parking charge

[jules38]

This is my first visit to the site, I am hoping for some help,
I recieved a penalty charge for parking on double yellow lines, the day I was moving into my new home and taking items from the car into the house, I recieved a parking ticket which I appealed by e-mail, Then I recieved a further notice saying the fine had increased, again I e-mailed to appeal, No response, Next I recieved a threatning letter and visist from the bailiffs and after a number of phone calls felt I had to pay the now over inflated charge of £250.00 I paid this to stop my mum who had just had a number of strokes from having to deal with the threatning antics of the bailiffs, I originally appealed on the basis that the charge notice had the wrong street named and I had never parked on the street they said, All of this was just ignored by the Council (the parking wardens are contractors of the council) I was wondering if it is too late to claim back my money ( they denied ever recieving e-mails) I would appreciate any help you could give on this matter
thankyou

[ukaviator]

Hello Jules

Welcome to CAG. I will move your post to the Parking fine section, so that you will be seen by people who know a lot more about parking fines. I have left you some links below to help you get around the site.

Ukaviator

[jules38]

thank you
I will keep checking, and if i am successful I WILL DONATE I PROMISE....

[green_and_mean]

National Parking Adjudication Service

You need to make a statutary declaration that you never got the Notice to owner then the whole process starts over again from that stage. Never ever email a legal document without posting a hard copy as you have no proof of sending or receipt. When you get the process back to appeal stage come back here for more advice.

[jules38]

Thank you I will do tht!!

[ChloeJane]

Hi there,

You really need to find out more about the ticket issued and about the Council part in the matter. The Bailiff would have been doing his job and was unable to stop the process.

So, I would send a freedom of information request for the parking ticket and a subject access request to the Council. In doing so you will be able to see the list of events logged for the parking ticket and begin the process of challenge.

A subject access request costs £10 but will be the best you have invested for information and the Freedom of Information request is your mandatory right to have every detail of the ticket from issue to copy of the ticket right through to the matter being given to enforcement.

It is worth pursuing! For more information on a Freedom of information request and your rights, as they are a government body click here.

What you are primarily asking for and you need to be specific, is you want the following details;

1) Copy of ticket issued
2) Copy of all notes by Traffic Warden
3) Copy of all entries in relation to the ticket whether manual or automatic held on the ticket and the councils system
4) Copy of all letters sent to you
5) Copy of all times/dates/notes whether hand written or otherwise on the ticket in question
6) Copy of any correspondence received/sent by the Council in relation to ticket.
7) Copy of compliance to Northampton County Court Code of Conduct for the application /issue of the warrant.

When you write, I suggest enclose £10 and state, that any request that is not covered by the Freedom of Information request is covered by the Subject Access Request.


There is a reason for the above. I held a case a year ago, that showed that the Council did not by law follow procedure and the times and dates of entries showed they had received correspondence and had not adequately responded and in this case, didn't even acknowledge!

If you need further help please ask as I have a template I am happy to post it here for you to send.

All the best.

[agb657]

thanks chloejane great stuff and if its ok with you i would love the template

thanks

[ChloeJane]

Dear

Subject; Data Access Request ( 1998 ) and Access Request under the Freedom Of Information Act 2000

I hereby request that you send me copies, in full, of all information held regarding the Penalty Charge Notice Number ************and it’s subsequent enforcement/notice.

Where specific documents fall outside the remittance of the Data Protection Act Section 7(1) I reserve the right to make this application under the Freedom of Information Act (2000) Section 1(1). To help you identify more specifically what information is being requested, please refer to the detail set out below.

• All information held by you, (*Council Name) *it’s representatives and subsidiaries acting on your behalf and any other holding company responsible for the enforcement of the PCN.

• A copy of the original PCN showing, in detail, the alleged contravention, dates and car registration.

• A copy of the original Notice to Owner that (*Council Name) Allege to have dispatched showing the date the Notice was raised.

• Copies of the Order for Recovery and any previous or subsequent written requests alleged to have been dispatched by the Council, it’s representatives or subsidiaries.

• Copies of correspondence from myself (Your name ) or any bodies making formal representation on my behalf.

• The details pertaining to the transfer of the PCN electronically, or by other means, to the HMCS for processing e.g. “the file containing your details was transferred electronically to HMCS for processing on XX date at XX time” – please also indicate if it was transferred as an individual set of data or as part of a larger submission containing the data of other individuals.

• Copies of notes, emails, or other information be it either hand written or in electronic format pertaining to matters with the case.

• Copies of notes, emails or other information in relation to the PCN or adjudication process from the TEC to *(Name of Council) (as this would form part or the file)

• The date and reference details attaining to (*Name of Council*)l, it’s representatives or subsidiaries in requesting information from the DVLA attaining to the Registered Owner / Keeper Details (*Car Registration Number )for the purpose of collecting the PCN.

I reserve the right to request additional information pertaining to this case, should you seek to (inadvertently or deliberately) omit such information as requested without it being considered a “Vexatious or Repeated request” under section 14(1) of the act, that states “requests which are manifestly unreasonable and which would impose substantial burdens on the financial and human resources of public authorities.”

Under the Data Access Request you may levy a charge for your services, not to exceed the sum of £10.00, I enclose a cheque for £10.00 specifically for the purpose of information falling under the Data Access Request. Should you decide to levy a charge for information supplied under the Freedom of Information Act then you must specify your charge and outline your justification for such (including which documents are being supplied) within the allotted time for response as defined within the act.

If you do not understand the Data Protection Act or the Freedom of Information Act and your rights as an organisation then I suggest you contact your internal legal and information department.

If you do not normally handle these requests for your organisation, please pass this letter to your Data Protection Officer or another appropriate officer.

Failure to comply with the requests enclosed within this letter without providing specific examples of exemption under the acts will result in a complaint to the Information Commissioner.

Regards

************************* ************************* *****

Note

What this will give you is everything you will need then to view if the PCN was sent, if it was followed by a process with the dates and information and it contains all you will need to be well informed and know if the Council complied, by law to obtain the warrant in the first place. Works a treat and the results for compliance will shock you!