parking fine

[tony72]

I had a parking ticket last year, however, the 'traffic womble' has put my colour of vehicle down as blue, when it is infact, green! I posted a copy of my log book as evidence, which was rejected. Is this a legal requirement regarding colour? (If not, then I will call the colour black, when really it is green!) Now they are threatening me with 'ROSSENDALES bailiffs'.....Any advice please?

I have informed both parties they are denied access to my property & belongings.

[Tony P]

1. Is this a Council ticket or a Private Parking Contractor?

It has the sounds of being the latter, in which case ignore it all.

 

2. Colour is an irrelvant detail. If a PPC, they often do things like this to get you to write and save them the DVLA fee to find out the RK identity and hope you give further information that they have no legal right to obtain - like the Driver's identity.

 

3. Bailiffs can only act (as Baliffs) once there has been a Court Judgement (or Fine) that you have not paid within the time stipulated by the Judge/Magistrate. PPCs often use 'Bailiff' letterheads to try to scare money out of people but unless they have a Judgement order they have exactly the same rights to sieze your property as I have (No Right - it would be theft).

 

4. If there was a Court hearing/judgement that you never knew about, you can apply to have it set aside (cancelled) that takes the whole process back to the start.

 

 

The main thing for now it to clarify 1 above.

Edited June 15, 2012 by Tony P

[tony72]

Tony P.

It is a council ticket.

no court judgement t all, to my knowledge.

no court hearing/judgement either.

[Michael Browne]

Tony P.

It is a council ticket.

no court judgement t all, to my knowledge.

no court hearing/judgement either.

What about:

1) Notice to Owner

2) Charge certificate

3) Order for Recovery

 

Have you received none of the above?

[tony72]

I received;-

PCN dated 19/07/11

I sent a cheque for £33.90p (which they claimed they received AFTER the 28 days) cheque dated;-22/07/11

I then received 'Notice to the owner' dated23/09/11

They sent the cheque back to me, dated;-05/12/11

 

 

Tony72

[Michael Browne]

I received;-

PCN dated 19/07/11

I sent a cheque for £33.90p (which they claimed they received AFTER the 28 days) cheque dated;-22/07/11

£33.90. Why this amount?

I then received 'Notice to the owner' dated23/09/11

They sent the cheque back to me, dated;-05/12/11

With what expalnation?

 

 

What about:

 

2) Charge certificate

3) Order for Recovery

 

Have you not received either of these

[tony72]

NO, nothing. just those...

 

The 'fine' was £35, but I deducted the £1.10p I'd already paid.

They said they'd received the cheque AFTER the 28 days required to pay( I did say this in msg above)

[Michael Browne]

 

The 'fine' was £35, but I deducted the £1.10p I'd already paid.

They said they'd received the cheque AFTER the 28 days required to pay( I did say this in msg above)

 

That wasn't a particularly wise thing to do. The penalty is £70 but discounted to £35 if paid within 14 days. You didn't do that, you only sent them £33.90, which meant that the discounted amount had not been paid within 14 days.

 

Did you appeal to the NTO? If so what did you say?

[tony72]

sorry, i meant 14 days!

so i sent the cheque 3 days AFTER

they 'claimed' they didnt receive it til 28 days

[Michael Browne]

sorry, i meant 14 days!

so i sent the cheque 3 days AFTER

they 'claimed' they didnt receive it til 28 days

 

All this is totally irrelevant. They offered to accept £35 instead of the full penalty of £70. You decided not to do so and instead sent a lesser amount of your own choosing. As far as the council were concerned, you had not taken advantage of their offer and therefore after 14 days the full £70 became due.

 

So again, did you appeal to the NTO? If so what did you say?