Thread: Lambeth Council no issue Parking ticket

Hi all, i would like some help on this if you can;
I was sent a Notice to Owner on 19/08/2008 from Lambeth Council for £120, this, they state, was for a parking contravention on 08/07/08. My husband had used the car on that date and said he parked outside a bank on double yellows to use the ATM, he did this within seconds and then got back into the car. As he got back into the car he saw that 2 parking wardens in a car had JUST pulled up, he drove away without a warden even getting out of their car, so he definetly did not receive a ticket in his hand or one on the wind screen. I appealed this notice,immediately, stating that a ticket had not been issued or received at that time, i thought that for a ticket to be valid it would have to be in the hand or on the screen (is this right information?).
Anyway, on 01/09/08 i received a letter stating that my 'recent communication in respect of the above penalty charge notice' had been received but due to a back log couldn't be processed and that my statutory rights would not be affected.
On 27/11/08 a Charge Certificate arrived and the charge had increased to £180, as i had had no responce to my appeal I telephoned Lambeth council and they said that a letter had been sent, but i had obviously not received it. ( I always send my correspondance recorded delivery, why don't they?) The council advisor suggested i write a letter stating this, which i did, immediately. That was the last i heard until today, 09/05/09, when i received 2 letters in different envelops that are exactly the same, they both state;
Thank you for your letter in which you challenged the issuance of the above penalty charge notice (pcn).
Your PCN has already reached a stage at which you no longer have any statutory right to make representations to the Council.
Please note that the amount currently outstanding in respect of this PCN is £180. However, on this occasion the discount amount of £60 will be accepted if full payment is made no later that 14 days from the date of this letter.
If you do not pay the amount outstanding before the end of the period of 14 days beginning with the date of this letter, the Penalty Charge will increase again to £180 and the PCN will be registered as a debt with the Northampton county court. This will add a further £5 to the amount due.

Does anyone have any advice on what took them so long? why they didn't respond to my appeal? do they have to respond to an appeal? what happens when vital letters from them go missing in the post? why are my statutory rights finished? what happens if i continue to dispute this and refuse to pay the £60?
Any advice would gratefully be received.
Many thanks
ellemich

You need to write back immediately and require them to produce a copy of the letter that they claim they wrote to you after your appeal. That letter must, by law, have included details on how to appeal to the Adjudicator.

Regardless of their communication on 1/9/8, they have a statutory 56 days to reply to the appeal to NtO or it is automatically upheld by default.

You may now have to await an execution notice and then file a statutory declaration that the council has royally screwed up. Other will be along to tell you how as it is beyond my expertise.

wait for the enforcement notice. Phone the TEC about making the Statutory declaration. they will help you make sure you get the wording correct - there are limited grounds and your declaration must comply. then go to the nearest county court with the stat dec filled in BUT UNSIGNED. you sign it there when you swear to its truthfulness in front of a court officer. this is free at County Court but costs money at Magistrate's Court. then fax the completed form to the TEC. TEC will advise so pay attention to them. I bet that as soon as you mention 'Lambeth' there will be an audible sigh from the TEC person.

Thanks for all of the above, will follow all instructions and report back.