Parking ticket whilst displaying visitors permit

[sploits]

Good afternoon,

 

I am posting this on behalf of a friend of mine. Where else to get the best help in the world than the CAG

 

"We recieved a parking ticket on Devonshire street in Workington where we were residents. At the time we did not have a full permit but were supplied with a visitors pass to park on the street. This was clearly on display and we still recieved a parking ticket.

I took it upon myself to go to Allerdale Council and ask them to remove the fine as we had the permit plus proof of address and they said it would be sorted. A few weeks later i got a letter saying we owed double the ticket as it hadnt been paid. Again i went down to the office and they said it was all sorted now. 3-4 weeks later i recieved a letter off the Bailiffs stating on the letter i owed £395. I phoned the baliffs which wernt interested that i had all the proof and stuff i needed and that the council had said it was sorted he just wanted the money with their charges!

I phoned the council they said they could not do anything further as it had been to Northampton court which we did not know about and it was out of there hands and with the baliffs now. They also said they had no recollection of me being down to the office to complain about this matter!.

The bailiffs stated i need to pay this money to them then i can try and claim it back 10 days after the payment has been made and claim it back off the council which i find far fetched as i wouldnt get there charges back. I rang Carlisle law office up and they stated i should pay the fine as its been to court now and in the hands of the baliffs and i dont really have a leg to stand on. They sent a letter to say that they would take the car but the car is on finance so i know they cant take that. But i shouldnt have to pay it in the first place when i have proof of living at this address and permit to park there !. Any help would be appreciated."

 

Thanks for taking the time to read throught this

[crem]

It may be worth bringing this one to the attention of tomtubby as she is a bailiff expert. She doesn't always read this section on CAG so maybe you could PM her to point to this thread.

[sploits]

Thank you crem, I will PM her straight away.

 

Thank you again

[Jamberson]

It's too late now to go into the original issue of the permit/PCN.

 

It is essential when you want to contest a PCN that you do so in writing at the time. If you did not write, then you have not appealed it, and so there are no grounds by which you can get the matter resolved now. The PCN was not paid or appealed - therefore the charges escalated to where they are now. Maybe Tomtubby can tell you something different, but without a written appeals trail I don't see how.

[tomtubby]

Good afternoon,

 

I am posting this on behalf of a friend of mine. Where else to get the best help in the world than the CAG

 

"We recieved a parking ticket on Devonshire street in Workington where we were residents. At the time we did not have a full permit but were supplied with a visitors pass to park on the street. This was clearly on display and we still recieved a parking ticket.

I took it upon myself to go to Allerdale Council and ask them to remove the fine as we had the permit plus proof of address and they said it would be sorted. A few weeks later i got a letter saying we owed double the ticket as it hadnt been paid. Again i went down to the office and they said it was all sorted now. 3-4 weeks later i recieved a letter off the Bailiffs stating on the letter i owed £395. I phoned the baliffs which wernt interested that i had all the proof and stuff i needed and that the council had said it was sorted he just wanted the money with their charges!

I phoned the council they said they could not do anything further as it had been to Northampton court which we did not know about and it was out of there hands and with the baliffs now. They also said they had no recollection of me being down to the office to complain about this matter!.

The bailiffs stated i need to pay this money to them then i can try and claim it back 10 days after the payment has been made and claim it back off the council which i find far fetched as i wouldnt get there charges back. I rang Carlisle law office up and they stated i should pay the fine as its been to court now and in the hands of the baliffs and i dont really have a leg to stand on. They sent a letter to say that they would take the car but the car is on finance so i know they cant take that. But i shouldnt have to pay it in the first place when i have proof of living at this address and permit to park there !. Any help would be appreciated."

 

Thanks for taking the time to read throught this

 

If the bailiff is claiming that you should pay him and then claim back from the council after 10 days, I would INSIST that you get this in WRITING and produce a copy to the council. This is UTTER NONSENSE.

 

Also, the council are WRONG as the Operational Guidance to Local Authorities issued by the Secretary of State clearly provides that a PCN can be cancelled at ANY TIME. Yet another council who would appear to be unaware of the guidance !!

 

This enquiry is actually quite simple. Your friend needs to file an Out of Time Witness Statement with the Traffic Enforcement Centre. On the form your friend will need to tick the 2nd box on the TE9 to state that he had made appealed the PCN and had not received any further notices. All enforcement will then cease until the matter had been considered.

 

Before a bailiff visit, your friend should have received a Notice to Owner, Charge Certificate and Order for Recovery. He will need to ring the Traffic Enforcement Centre in the morning on 08457 045 007 and ask them to confirm the date on the warrant and the ADDRESS of the warrant. While on the phone state that he needs to file an Out of Time Application and they will email a copy to him.

 

PS: When he gets through to TEC he will need to press button 6 to speak with an operator.

[sploits]

Thanks Jamberson and tomtubby. I will send him over your replies and tell him to do everything that you have instructed (tomtubby). Yet again your advice on these kind of matters is second to know. Thank you

 

I will let you all know how he gets on

[green_and_mean]

If the bailiff is claiming that you should pay him and then claim back from the council after 10 days, I would INSIST that you get this in WRITING and produce a copy to the council. This is UTTER NONSENSE.

 

Also, the council are WRONG as the Operational Guidance to Local Authorities issued by the Secretary of State clearly provides that a PCN can be cancelled at ANY TIME. Yet another council who would appear to be unaware of the guidance !!

 

This enquiry is actually quite simple. Your friend needs to file an Out of Time Witness Statement with the Traffic Enforcement Centre. On the form your friend will need to tick the 2nd box on the TE9 to state that he had made appealed the PCN and had not received any further notices. All enforcement will then cease until the matter had been considered.

 

Before a bailiff visit, your friend should have received a Notice to Owner, Charge Certificate and Order for Recovery. He will need to ring the Traffic Enforcement Centre in the morning on 08457 045 007 and ask them to confirm the date on the warrant and the ADDRESS of the warrant. While on the phone state that he needs to file an Out of Time Application and they will email a copy to him.

 

PS: When he gets through to TEC he will need to press button 6 to speak with an operator.

 

Unless the OP lies it is highly unlikely the stat dec will be accepted, representations against the NTO must be made in the form specified on it this as far as I'm aware never includes poping down the Council. Phoning or personal enquiries would not be considered representations in my view as there is no proof they happened, no signature confirming they are true or proof they are made by the keeper.

[Jamberson]

If the OP's freind is going to claim to have made representations without response, when that is not true, than this would not only be rejected by the council, it would also be committing perjury. They can do that if they want, but it's not likely to succeed.

 

Also, in the account given, the person stated "A few weeks later i got a letter saying we owed double the ticket as it hadnt been paid. Again i went down to the office and they said it was all sorted now. 3-4 weeks later i recieved a letter off the bailiffs"

 

The only document wherein the amount owed has doubled, is the NTO, when compared with the initial discounted rate. So an NTO was received? There is no way a case can progress from NTO to bailiffs in 3-4 weeks. Either the person has delayed responding to the NTO (and then done so imappropriately, by visiting the council rather than appealing it), or there are two different cases in progress, or the account is simply inaccurate. In any of these scenarios, the case is not going to hang together.