Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

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.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

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  1. #1
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    Default PCN "Administration error"

    Lambeth council gave me pcnicon and the inspector claimed it was handed to me. THE TICKET INSPECTOR LIED, I have a witness and told them this.

    I never recieved the PCN and the ticket inspector made a false statement. Lambeth refused to conduct a proper investigation and I got a letter through the post claiming an "administrative error".

    The question is am I entitled to compensation?

    Thanks

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  2. #2
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    Default Re: PCN "Administration error"

    Have they cancelled the ticket?


  3. #3
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    Default Re: PCN "Administration error"

    Yes they have, but I don't think its fair just to be able to back out of it like that. If I make a false statement I am liable for a £5000 fine!


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    Default Re: PCN "Administration error"

    Quote Originally Posted by peter123 View Post
    I don't think its fair just to be able to back out of it like that. If I make a false statement I am liable for a £5000 fine!
    I agree, but in trying to claim compensation (and I haven't a clue how to or on what legal basis etc) I just think you will be giving yourself a great deal of grief with very little return. I would just be thankful that the lying bas***ds haven't got away with my money


  5. #5
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    Default Re: PCN "Administration error"

    Quote Originally Posted by Michael Browne View Post
    I agree, but in trying to claim compensation (and I haven't a clue how to or on what legal basis etc) I just think you will be giving yourself a great deal of grief with very little return. I would just be thankful that the lying bas***ds haven't got away with my money

    Yeah I know but Lambeth, well they're not even interested in investigating it. When I complained (not to parking but about the fraud) in their reply they did not even mention if they had interrogated him. I told them I had a witness.... did not ask for a statement, they told me the onus was on me to provide the evidence.

    They guy wrote on his pocket book "ticket handed to a white boy" so when I complained about that they dealt with the dodgy non pc remark and not the fraud!

    Thieves!


  6. #6
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    Default Re: PCN "Administration error"

    Quote Originally Posted by peter123 View Post
    Yeah I know but Lambeth, well they're not even interested in investigating it. When I complained (not to parking but about the fraud) in their reply they did not even mention if they had interrogated him. I told them I had a witness.... did not ask for a statement, they told me the onus was on me to provide the evidence.

    They guy wrote on his pocket book "ticket handed to a white boy" so when I complained about that they dealt with the dodgy non pc remark and not the fraud!

    Thieves!
    As I understand it is an offense for anyone to make a false statement and this includes council officers. If you feel that you are not getting a fair deal from Lambeth Council you should make a formal complaint to the Local Government Ombudsmanicon.

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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.
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  7. #7
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    Default Re: PCN "Administration error"

    Who would you expect compensation from? Lambeth Council has listened to your concerns and cancelled the pcnicon, no one at the Council has lied to you and you cannot say for sure that an the CEO who works for a Council contractor has not been spoken to or even still works for the company? At the end of the day its your word against his and even if you managed to get the Police to get involved they would be unlikely to convince the CPS there was enough evidence to go to Court.
    You may find this hard to beleive but drivers also lie constantly in order to get off and make some far fetched allegations. If every occurence of a CEO 'allegedly' not telling the truth was investigated as a criminal offence the Police would be very busy.


  8. #8
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    Default Re: PCN "Administration error"

    Quote Originally Posted by green_and_mean View Post
    Who would you expect compensation from? Lambeth Council has listened to your concerns and cancelled the pcnicon, no one at the Council has lied to you and you cannot say for sure that an the CEO who works for a Council contractor has not been spoken to or even still works for the company? At the end of the day its your word against his and even if you managed to get the Police to get involved they would be unlikely to convince the CPS there was enough evidence to go to Court.
    You may find this hard to beleive but drivers also lie constantly in order to get off and make some far fetched allegations. If every occurence of a CEO 'allegedly' not telling the truth was investigated as a criminal offence the Police would be very busy.
    Ok well I'm not happy about the ticket man lying but lets look at it from a different angle.

    Regardless of the lying surely to issue a charge he should have evidence. He did not have evidence for whatever reason as clearly he was not following procedure. Therefore they have admitted an administrative error which in turn I have had to pay for the time and adminicon.

    So each time a council worker decides not to follow procudere I have to pay for the adminicon?

    I dont see how thats fair? Maybe I'll just keep complaining to cost them a but more time


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    Default Re: PCN "Administration error"

    Quote Originally Posted by green_and_mean View Post
    You may find this hard to beleive but drivers also lie constantly in order to get off and make some far fetched allegations. If every occurence of a CEO 'allegedly' not telling the truth was investigated as a criminal offence the Police would be very busy.
    TROLL


  10. #10
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    Default Re: PCN "Administration error"

    Quote Originally Posted by WAVE_131 View Post
    TROLL
    [EDIT - PLEASE REFRAIN FROM PERSONAL ABUSE]


  11. #11
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    Default Re: PCN "Administration error"

    Quote Originally Posted by peter123 View Post
    The guy wrote on his pocket book "ticket handed to a white boy" so when I complained about that they dealt with the dodgy non pc remark and not the fraud!

    Thieves!
    "Dodgy non pc"....it was RACIST. Period.

    You should make this the subject of another complaint, pile on the agony.

    Try a Freedom of Information Act request to see if there have been other complaints against the operator. If you can't get them one way, get them another.


  12. #12
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    Default Re: PCN "Administration error"

    Quote Originally Posted by peter123 View Post
    Ok well I'm not happy about the ticket man lying but lets look at it from a different angle.

    Regardless of the lying surely to issue a charge he should have evidence. He did not have evidence for whatever reason as clearly he was not following procedure. Therefore they have admitted an administrative error which in turn I have had to pay for the time and adminicon.

    So each time a council worker decides not to follow procudere I have to pay for the adminicon?

    I dont see how thats fair? Maybe I'll just keep complaining to cost them a but more time
    Without full details of the case its hard to pass judgement but appealling usually only requires a letter and a stamp which if you applied for costs would take another letter and stamp and not leave you any better off?
    If you wish to go down that route the Council should be entitled to costs in dealing with frivolous appeals. The entire decriminalised procedure was designed to keep costs down on both sides without expensive court and legal costs. If the CEO had put the pcnicon on the car and it was later removed by another person before you returned rather than 'handing it to a white boy' would you still say he had lied? For all you know if you were not there is that someone said they were the driver and took the PCN for a joke.


  13. #13
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    Default Re: PCN "Administration error"

    Quote Originally Posted by WAVE_131 View Post
    "Dodgy non pc"....it was RACIST. Period.

    You should make this the subject of another complaint, pile on the agony.

    Try a Freedom of Information Act request to see if there have been other complaints against the operator. If you can't get them one way, get them another.
    How is 'white' being racist?? Don't you mean 'boy' is being sexist or even ageist? If the driver was asian how would you expect him to be described....male with nice sun tan??


  14. #14
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    Default Re: PCN "Administration error"

    Quote Originally Posted by green_and_mean View Post
    Without full details of the case its hard to pass judgement but appealling usually only requires a letter and a stamp which if you applied for costs would take another letter and stamp and not leave you any better off?
    If you wish to go down that route the Council should be entitled to costs in dealing with frivolous appeals. The entire decriminalised procedure was designed to keep costs down on both sides without expensive court and legal costs. If the CEO had put the pcnicon on the car and it was later removed by another person before you returned rather than 'handing it to a white boy' would you still say he had lied? For all you know if you were not there is that someone said they were the driver and took the PCN for a joke.
    Not possible as I saw the inspector AND I TOLD THEM I SAW HIM! I said nothing, got in my car and drove off. I had not indication from him that he was giving me a ticket and he said nothing, i said nothing to him also. Clearlty that must of been writing a ticket but am I meant go up up and ask him? Apparantly he said when he gave me the ticket i said thankyou... He was lying. Also "White boy" is a derogatory term... unlike "White man" which is descriptive.

    I work in care and if I would never and would not expect my staff/colleges to refer to a service user a "white boy", CSCI would be down in a flash!


  15. #15
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    Default Re: PCN "Administration error"

    I had two PCNs last year on exactly the same grounds - they claimed to have handed the pcnicon to me and clearly did not. I paid the first one, but with the second one I made an appeal to PATAS. I presented a statement from my passenger. I asked to appear in person, and that I would also like the PA to appear so I could cross examine him. Unsurprisingly Westminster dropped the case the day before.
    Do not be concerned about threats regarding false statements. They would need to prove that you did. If you tell the truth then they can't ever prove it!



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