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On receiving notification of a Hearing date, I immediatly wrote to PATAS, more than a month prior the Hearing, saying I was going to be away for 6 weeks, giving the dates, and asked for the Hearing to be re-scheduled.
I received no reply, yet they patently received my letter - as below.
The LA sent me their 'Documents Bundle' which included a copy of my letter to PATAS, stamped and dated 'Received' by PATAS and with the PATAS barcode Case reference number. So, not only had PATAS received my letter, but they sent a copy to the LA - but nothing to me, either agreeing to or rejecting my request.
The LA bundle was posted to me during the period they knew I would be away (from the copy of my letter included therein which they received from PATAS). The Hearing went ahead as scheduled, in my absence, while I was away.
I particularly wanted to be present at the Personal Hearing so as to produce original prints of my photos. I know the Adjudicator only gets to see computer scans of photos which are not as clear as originals, and as my main argument depended on the visibility of my permit and details thereon, I wanted him to see clear prints.
Surely, PATAS should have responded to my letter, either changing the date or saying they would not. All parties (LA, PATAS and the Adjudicator, if he saw my letter included in the LA bundle) knew I would be away so to proceed knowing this, and without PATAS replying to my request, seems perverse.
What complaints and rectification procedures are available to me following what appeares to be an administrative failure by PATAS, or is it 'fait accomplie'?
What complaints and rectification procedures are available to me following what appeares to be an administrative failure by PATAS, or is it 'fait accomplie'?
Thanks, but whether I write or phone, I am asking the party at fault how do I complain about them and their shortcoming. The possibility of bias makes hardly makes that the most open of situations.
As it happens, I wrote to PATAS about this a week ago and, to date, have had no reply.
The purpose of this Forum is to share helpful and independant information with people with no vested interest in specific matters.
Have a look at this page and download the document on the page.
I think you will find that you will have to put a complaint in about the adjudicators conduct.
quoting from section 2.5
People who are dissatisfied with an Adjudicator’s decision, or with the way in which an Adjudicator conducted proceedings, must pursue the matter through the legal avenues available. These are:
·an application to an Adjudicator under regulation 11 of The Road Traffic (Parking Adjudicators) (London) Regulations 1993 for review of the decision;
·an application to the High Court for judicial review.
As others have suggest why not give PATAS a ring and see what options you have at this point.
------------------------------------------------------------------------------------------------------------------------------------- This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm. --------------------------------------------------------------------------------------------------------------------------------------
Maybe I was a bit flippant but I don't recall you mentioning any subsequent contact in your initial post.
Contact then, was my suggestion - and still is.
Yes they are the party at fault but let's be constructive. I can forgive PATAS a mistake, as bad as it was.
In my experience and that related to me by others they are always helpful.
Yes you could apply for a review but discuss it informally with them. It would be far better if the original decision was struck and the hearing held again- otherwise you will have lost one of the stages.
I seriously believe the best way to approach this is to talk to them first. They made a mistake: They are not the enemy.
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You mention having the case struck and re-heard. That would do for me. Is it a possibility within the system?
After I posted i realised not so. It was more my idea of an ideal outcome - possibly as a result of a friendly informal discussion as I suggested.
In reality it is far more likely that you will apply for a review - and I believe one of the grounds is administartive error by PATAS - so you should get it.
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------------------------------------------------------------------------------------------------------------------------------------- This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm. --------------------------------------------------------------------------------------------------------------------------------------
PATAS failed to reply to date change request
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Originally Posted by Tony P
