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i could do with some urgent advice. going seeing about a parking ticket in one hour so any help would be appreciated
Story
got a ticket
wrote in and challenged it before notice to owner was due to be sent out.
Charge certificate received without notice to owner being issued
formal complaint made to head of parking services (no reply)
notice to owner received issued after complaint made and charge cert withdrawn
representations made
charge cert received without any acknowledgement of receiving representations
so now i'm going to see the head of parking at my local council office in two hours and telling them that i've spent more than the 90 quid fine to write them letters to deal with their lack of following procedures. Can i issue something like a wasted costs order as i'm sick of the amount of time i've put in defending this illegal ticket. It's as though they know that i will win an appeal so they're making sure it costs me 90quid to put across my representations
anyway rant over so question is .....Can i issue something like a wasted costs order to get back the money it's costing me to defend as i'm sick of the amount of time i've put in defending this illegal ticket because of their lack of ability to follow procedures?
after receiving my first charge certificate i wrote to them complaining that i had not received a notice to owner and so cert was cancelled.
then got notice to owner and challenged it. this was ignored and charge cert issued again.
complained again and charge cert cancelled again and notice to owner issued again. challenge made again but no reply
3 months later, you guessed it, charge cert issued again!!!!!!!
i'm now fed up with this, it's cost me far more than the 90 quid so far in time printing off letters of complaint and filling in all the forms. if this was a court case i'd put a claim in for wasted costs but how do i do that against the council as it won't go to court.
i want paying for my time as their mistakes have led me to lose money but how would i go about it.
This is apalling.
At the moment you only have the option to go through the statutory declaration process (again) to get the charge certificate cancelled. I would think it is worth your while asking the judge to order that no further charge certificates be ordered in relation to this pcn.
Unless the council actually issues you with a notice of rejection you will not get this in front of the adjudicator who have powers to award costs in limited circumstances and from what you say they may well apply in this case.
Otherwise you best chance for compensation is to go through the council's complaints process (ultimately write to the chief executive) and if not satisfied complain to the Local Government Ombudsman about this maladministration. He can make an award of compensation.
i thought they'd just leave it now and cancel the ticket as i hadn't heard anythign for three months but now i just want a definitive answer on what they're gonna do.
It's a joke that i've had to do so much work to defend this ticket. the circumstances in which i got the ticket were appalling. the traffic warden didn't identify himself. my gf was in the car with a two week old baby but he hid from her and i got a ticket for wheel touching bay line!!! the bays were illegal as well!!! there's a local campaigner called barry moss (i think) who's made the council repaint all the bays in the town centre and got someone else off a similar ticket because the signeage didn't say car must be parked wholely within the bay lines.
a couple of weeks after getting this ticket i got another one but it was my fault. had a bit of a dumb moment and just walked off without buying a ticket. my own fault so i paid straight away.
IMHO you have no option but to pursue the complaint and to defend the charge certificate. You must document, retain copies and send everything recorded delivery.
Councils can and do seize and either sell or crush vehicles for reasons that can revolve around their own incompetence.