Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Received a demand letter claiming that I have ignored the pcn notice stuck to my car thus no 50% discount was applicable. I sent a letter to the council claiming this is the first I have heard of it + please provide evidence.
Council sent back letter rejecting the claim, adjudicator claim form and photos showing the notice stuck above the tax disk (not held by the wipers), on the passenger's side. The photo clearly shows it was raining heavily and the PCN itself appears to be already unstuck at the corners.
Considering I am happy paying the original fine, as offence appears to have taken place, what are my chances and grounds for challenging the higher charge with the adjudicator?
The law required that the ticket is affixed to the vehicle; there is no requirement for it to remain so! A nonsense I know, but that is the letter of the law and the Council can (and will) rely on that.
Whether the adjudicator sees it that way is anybody's guess (mine is : unlikely given the photograph), but you have nothing to lose in appealing to the adjudicator (if nothing else, it ties up the system and makes them work for their money!).
The law required that the ticket is affixed to the vehicle; there is no requirement for it to remain so! A nonsense I know, but that is the letter of the law and the Council can (and will) rely on that.
Whether the adjudicator sees it that way is anybody's guess (mine is : unlikely given the photograph), but you have nothing to lose in appealing to the adjudicator (if nothing else, it ties up the system and makes them work for their money!).
Totally agree (theres a first!). Some Councils will re-offer the discount if you can satisfy them the pcn was missing and not received its not a legal obligation however, as Pat says service is sufficient.
Totally agree (theres a first!). Some Councils will re-offer the discount if you can satisfy them the pcn was missing and not received its not a legal obligation however, as Pat says service is sufficient.
Have you recieved a notice to owner.? If so scan it in so we can check for mistakes.
If you wish to settle,Write back and state that had you recieved the origional ticket you would have paid up. Enclose a cheque for the reduced amount, human nature being as it is they may accept this. Remember the la have a duty to act fairly. Aslo state that the photo shows incleament weather with every possibility that the ticket had washed away.You may also want to state that you will be loosing nothing by letting this go to adjudication should they not accept your reppy and offer of payment and you will be questioning why they (yet again) will not use discretion in this matter.
Also what was the pcn for, a letter causing them a mountain of paperwork maybe in order if they wish to play hardball.