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I received a pcn and was booted despite having paid the parking fee. The signage was patently ambiguous about method of payment. As I've learnt from reading the experience of others, the council (Westminster) seem to rely not on justice or fair play, but on people not bothering to appeal. I appealed to the council and was rejected. I then appealed to PATAS and the council conceded four days before the hearing. No surprise.
This may seem to have ended well. But the £110 fee that I will be refunded is a drop in the ocean compared to the devastating shock on the day it happened. Suffice to say, it was a day of celebration in London planned for months in advance. I even recce'd the parking spot. I cannot describe how much this ruined our special day. The day was split into two halves and we had returned to the car before evening to change into our best bib-and-tucker. Otherwise, it would probably have been towed as well!
My question is - what about compensation for such a spurious and (in the PATAS jargon) vexatious PCN? If not, why not? Frankly, I'd be happy now to pursue punitive damages and give it all to charity. It is outrageous that such a thing can be inflicted as though the council is run by protected gangs and hoods.
If you can demonstrate an injustice for maladministration you can make a complaint to the Local Government Ombudsman. You must first exhaust the councils complaints process.
Did the PATAS adjudicator find that the council were acting vexatiously, if so did you make a request for costs?
The council are too clever for that. By withdrawing from the case just before PATAS adjudication they avoid any question about vexatious action, or have any precedent set against them. I have little doubt that more spurious parking tickets are being issued at the very spot...
If you can demonstrate an injustice for maladministration you can make a complaint to the Local Government Ombudsman. You must first exhaust the councils complaints process.
Did the PATAS adjudicator find that the council were acting vexatiously, if so did you make a request for costs?
The LGO will not get involved once you have taken the route to pursue the matter else where. IE PATAS or NPAS etc
The LGO will not get involved once you have taken the route to pursue the matter else where. IE PATAS or NPAS etc
PATAS (NPAS are not relevant for London Boroughs) will not be interested as as far as they are concerned it is a closed case in any event the complaint is about maladministration not the pcn/NTO.
The OP said "what about compensation for such a spurious and (in the PATAS jargon) vexatious PCN?" and I was wondering if that was written by them. If so it would be very powerful.
Where the LGO will not get involved is if the council's complaints procedure has not been invoked and used.
It needs to be made clear to the LGO that the complaint is about maladministration and not the validity or otherwise of the PCN/NTO. Maladministration is the province of the LGO.
PATAS (NPAS are not relevant for London Boroughs) will not be interested as as far as they are concerned it is a closed case in any event the complaint is about maladministration not the pcn/NTO.
The OP said "what about compensation for such a spurious and (in the PATAS jargon) vexatious PCN?" and I was wondering if that was written by them. If so it would be very powerful.
Where the LGO will not get involved is if the council's complaints procedure has not been invoked and used.
It needs to be made clear to the LGO that the complaint is about maladministration and not the validity or otherwise of the PCN/NTO. Maladministration is the province of the LGO.
Ive just spent a lot of time writing to the LGO about this same subject where my case is concerned.. It was proved by NPAS themselves that the council were guilty of maladministration, but was told by the LGO that they could not get involved as it was out of their jurisdiction because i had already taken the bailiff to court and that I won my PCN appeal.
I have recently issued county court summons for damages for a wonrg clamping and wrong towing to pound. Both cases were dropped by council prior to hearing with parking adjudicator.
In both cases I wrote to council detailing my loss. Expenses, time, travel costs, costs of preparing case to adjudicator and about £100 for the ordeal.
With Waltham Forest I asked for about £130 (clamping) in damages. They refused and I issued the summons. They then paid me this sum plus court fee 2 weeks later.
With Haringey they have just adcknowledged my claim. I am prepared to take them all the way to court.
You should make sure that your claim is reasonable and is backed up with individual loss (eg. my daughter had to get a taxi from where the car was parked to the pound). My wife had to stop her job and drive home and then drive to the pound).
Damages and compensation for PCN
and was booted despite having paid the parking fee. The signage was patently ambiguous about method of payment. As I've learnt from reading the experience of others, the council (Westminster) seem to rely not on justice or fair play, but on people not bothering to appeal. I appealed to the council and was rejected. I then appealed to PATAS and the council conceded four days before the hearing. No surprise.
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Originally Posted by Bernie_the_Bolt
