who can take on a bailiff with me ?

[bullied by bailiff]

Thanks guys, now I am confused !!!

 

I think I will speak to Sheila on tuesday before replying to them.

[letsmakeamark]

What you need to do is follow the original pcn appeal all the way through right upto the traffic penalty tribunal . Once the appeal has been won and the ticket has been cancelled you can then go after whoever you want to go after. Until the ticket is sorted you do not have a very good chance in fighting this. Speak to whoever you want on tuesday and then post back on here again.

[bullied by bailiff]

Hi, Here is a copy of the letter i am going to send to the local council parking services, in reply to the NTO I have been sent.

 

 

 

 

Dear Sir / Madam,

I write to inform you that I was unaware that a Penalty Charge Notice had been issued to the vehicle for which I once was the Registered Keeper.

A Penalty Charge Notice was never handed to me or attached to the vehicle as required by Section 66(1) and Section 77 of the 1991 Road Traffic Act at the time of the alleged contravention described in the Notice to Owner.

I would therefore be grateful for confirmation that the Penalty Charge Notice / Notice to Owner will be cancelled.

Should you decide to pursue the Penalty Charge then I wish to put you on notice that I will require the following:

· The attendance of the Parking Attendant at the adjudication hearing in accordance with Section 6 of the Road Traffic (Parking Adjudicator) Regulations

· Copies of photographs of the PCN attached to the vehicle (please treat as a Data Protection Act request if necessary)

· Confirmation that the Parking Attendant recorded the tax disc details from the vehicle

· Copies of the entry in the Parking Attendant's Notebook detailing the issue of the PCN

· Details of the number of PCNs issued and subsequently cancelled due to Parking Attendant error in the last three years (please treat as a Freedom of Information Act 2000 request if necessary).

· Details of the error rate for the Parking Attendant claiming to have issued this PCN and the number of PCNs issued by this Parking Attendant which are not accompanied by photographic evidence (last 12 months)

I would be grateful if you could acknowledge receipt of this letter in accordance with the Council's protocols and procedures in dealing with communications from members of the public and advise as to the likely timeframe for your response.

Yours faithfully,

 

 

 

 

 

 

Any comments please.

[letsmakeamark]

While at it do a freedom of information on the same points as a whole.

[bullied by bailiff]

While at it do a freedom of information on the same points as a whole.

 

Sorry, not with you, can you explain

[letsmakeamark]

Do exactly as in yor letter of complaint but do it in the form of a freedom of information 2000 request.

[bullied by bailiff]

LATEST UPDATE

 

last week I received a letter from the council parking dept stating they wish to persue the ticket and are giving me a chance to go to parking appeal.

 

Tonight I had a visit from the local police requesting me to go in on wednesday for a recorded interview regarding thieft of the wheelclamp or criminal damage to a clamp.

 

I will be going to appeal for the ticket when I have laid out my case fully.

[Nemesis_Drake]

Where does the wheelclamp come into it? Allegation made by bayleaf?

[JonCris]

DON'T GO but if you do whatever happens refuse to make a statement until you have legal representation & try not to use the duty solicitor as he/she has a position within the system to consider. Get your own

 

Remember 99% of all convictions rely to a great extent on what the accused utters during interview

[letsmakeamark]

Give it a break. You do not need to have a breif present. As long as you answer the questions you do not have aproblem. Also the police when interviewing will ask you or tell you as they are questioning wether you can remain silent or you have to answer.

[JonCris]

Of dear

 

I repeat do not go as a pound to penny they do not have enough evidence to arrest you but as soon as you open your mouth they may well have.

 

Also to attend an interview (even an invited one) where criminal charges may result without legal representation is very very bad advice indeed

[bullied by bailiff]

JonCris and co

 

I have a prepared statement IF i am arrested or cautioned.

 

 

Statement

 

 

 

I was invited to xxx Police Station to give my side of the story with regard to an alleged theft and criminal damage to a vehicle clamp. On arrival I was formerly arrested on this alleged charge.

I am therefore not prepared to say anything which may be used against me should this matter go to court.

I am prepared however to make the following statement regarding this alleged offence.

 

• I both telephoned and wrote to Merton council informing them that my vehicle had been clamped illegally and gave them every opportunity to remove this clamp. This they refused to do.
  
• I therefore removed the clamp without damage. I took the clamp, un damaged to Wimbledon Police station on Sunday 24th February 2008 at about 1 pm
  
• The desk Officer, after going to speak to a superior Officer told me that they were not interested as this was a civil matter and they refused to accept the clamp. I therefore returned the clamp to the location where it had been attached to my vehicle, and informed the council.
  
• I have since then been invoiced for this clamp, and other fees by Merton Council. I then took them to Croydon County Court on Monday August 11th 2008 and won a Court Order to have the alleged Parking Ticket put back to Notice to Owner stage and the return of my vehicle without cost to myself and cancelling any bailiff action.
  
• I am very disappointed with the attitude of both the police and the council in this matter, as it appears that the police are not interested in the truth or the law, but seem to act only on council instructions with no regard for my rights at all.
  
• I have a very large file regarding this matter that I will be more than happy to produce in court if required. I tried to show the police this before and they were not interested.
  
• Needless to say I plead not guilty to both charges.
  

 

..............................................................................................................................

 

 

any comments ?

[JonCris]

Yes, As they have already clearly demonstrated they won't be interested in the why only the how. In otherwords they will only be interested in the alleged crime ie criminal damage or loss of another property.

 

What you should have done was after advising them taken the clamp home for safekeeping not abandon it

 

& finally in your statement your admitting what you did thereby condemning yourself

[bullied by bailiff]

Ok,

 

Should I use my right to remain silent, admit or deny nothing, be charged and then released? then build my case and see it out in court if there is enough evidence against me to go to court

[JonCris]

I say this for the last time don't go! Why are you intent on putting your head into the lions mouth. I say this for the last time don't go! but if your still in doubt consult a solicitor

[bullied by bailiff]

I say this for the last time don't go! Why are you intent on putting your head into the lions mouth. I say this for the last time don't go! but if your still in doubt consult a solicitor

 

 

But if I dont go, wont they return to my house and arrest me?

[JonCris]

Speak with a solicitor before finally deciding but I suspect that had they had enough evidence they would have arrested you before now

[bullied by bailiff]

Speak with a solicitor before finally deciding but I suspect that had they had enough evidence they would have arrested you before now

 

Thanks jon, its good to get others ideas on these matters. I will keep you posted

[letsmakeamark]

JonCris and co

 

I have a prepared statement IF i am arrested or cautioned.

 

 

Statement

 

 

 

I was invited to xxx Police Station to give my side of the story with regard to an alleged theft and criminal damage to a vehicle clamp. On arrival I was formerly arrested on this alleged charge.

I am therefore not prepared to say anything which may be used against me should this matter go to court.

I am prepared however to make the following statement regarding this alleged offence.

 

• I both telephoned and wrote to Merton council informing them that my vehicle had been clamped illegally and gave them every opportunity to remove this clamp. This they refused to do.
  
• I therefore removed the clamp without damage. I took the clamp, un damaged to Wimbledon Police station on Sunday 24th February 2008 at about 1 pm
  
• The desk Officer, after going to speak to a superior Officer told me that they were not interested as this was a civil matter and they refused to accept the clamp. I therefore returned the clamp to the location where it had been attached to my vehicle, and informed the council.
  
• I have since then been invoiced for this clamp, and other fees by Merton Council. I then took them to Croydon County Court on Monday August 11th 2008 and won a Court Order to have the alleged Parking Ticket put back to Notice to Owner stage and the return of my vehicle without cost to myself and cancelling any bailiff action.
  
• I am very disappointed with the attitude of both the police and the council in this matter, as it appears that the police are not interested in the truth or the law, but seem to act only on council instructions with no regard for my rights at all.
  
• I have a very large file regarding this matter that I will be more than happy to produce in court if required. I tried to show the police this before and they were not interested.
  
• Needless to say I plead not guilty to both charges.
  

 

..............................................................................................................................

 

 

any comments ?

 

Mate you are comitting suicide by giving this out on the forum. Also as a direct result of this you will be charged and get a criminal record. Do not take this letter 9in and do not post information which is easily recognisable. !!!!