Help - before hearing!!

[noli28]

This is a long story but to cut it short here goes:

 

A year and a half ago I parked my car on a road and went to get a ticket. I then put the ticket on my dashboard but as I did so (even though I had paid) I realised that the ticket issued was a free ticket. I therefore went back to the machine and got my paid for ticket, which I placed on the dashboard.

 

When I returned the parking warden had issued me with a fine - ignoring the paid for ticket and looking at the free ticket.

 

Needless to say I disputed this by letter and heard no more. Until I was woken up by a noise outside my house at 5.30am and by a van driving away!! Equita had placed a clamp on my own vehicle with no warning whatsoever, on my own driveway.

 

I phoned the baliff to tell him that I had a valid ticket and that I had disputed this fine but he told me my car was due to be towed at 8.30 and therefore I wouldnt even be able to phone the council to prove (I still had the fine documents and ticket) that I had indeed paid.

 

I was told to pay 415 pounds or my car would be gone. As I was very ill at the time I had to beg my parents to loan me the money as I couldnt afford it and needed my car to go to hospital appointments. I was told I could claim this money back off the council.

 

I paid and then proceeded to send letter after letter, only to be ignored. I therefore felt I had no option to issue court proceedings, of which i did. I was awarded a ccj by default which was eventually set aside on a technicality of an address and I had to start again. I wasted half a day going to the original and then the set aside hearing. I am currently awaiting a new hearning date.

 

I feel very upset and paranoid about any noise outside my house and this has left me very shaken. I have kept all my documentation and in the councils pictoral evidence it supports my evidence.

 

However, out of the blue I got a letter and cheque for 415 saying that they would not pay costs or interest and they are now in belief (without prejudice) that if I had taken this to appeal in the first place that I would have won. Even though I had already done this!!!!

 

Their apparent maladministration has caused me time, costs and a lot of heart ache and I really feel angry that all this time has passed and they think it is ok now to offer me this baliff fee back with no apology or offer to pay the interest or my costs.

 

I have acted as a litigant in person throughout and have made sure that I have done anything before going to court. My question is what should I do next???? - I would be really out of pocket if I accept this money - should I send this cheque back and say that this is not acceptable? Any advice would be appreciated.

[The Mould]

This is a long story but to cut it short here goes:

 

A year and a half ago I parked my car on a road and went to get a ticket. I then put the ticket on my dashboard but as I did so (even though I had paid) I realised that the ticket issued was a free ticket. I therefore went back to the machine and got my paid for ticket, which I placed on the dashboard.

 

When I returned the parking warden had issued me with a fine - ignoring the paid for ticket and looking at the free ticket.

 

Needless to say I disputed this by letter and heard no more. Until I was woken up by a noise outside my house at 5.30am and by a van driving away!! Equita had placed a clamp on my own vehicle with no warning whatsoever, on my own driveway.

 

I phoned the baliff to tell him that I had a valid ticket and that I had disputed this fine but he told me my car was due to be towed at 8.30 and therefore I wouldnt even be able to phone the council to prove (I still had the fine documents and ticket) that I had indeed paid.

 

I was told to pay 415 pounds or my car would be gone. As I was very ill at the time I had to beg my parents to loan me the money as I couldnt afford it and needed my car to go to hospital appointments. I was told I could claim this money back off the council.

 

I paid and then proceeded to send letter after letter, only to be ignored. I therefore felt I had no option to issue court proceedings, of which i did. I was awarded a ccj by default which was eventually set aside on a technicality of an address and I had to start again. I wasted half a day going to the original and then the set aside hearing. I am currently awaiting a new hearning date.

 

I feel very upset and paranoid about any noise outside my house and this has left me very shaken. I have kept all my documentation and in the councils pictoral evidence it supports my evidence.

 

However, out of the blue I got a letter and cheque for 415 saying that they would not pay costs or interest and they are now in belief (without prejudice) that if I had taken this to appeal in the first place that I would have won. Even though I had already done this!!!!

 

Their apparent maladministration has caused me time, costs and a lot of heart ache and I really feel angry that all this time has passed and they think it is ok now to offer me this baliff fee back with no apology or offer to pay the interest or my costs.

 

I have acted as a litigant in person throughout and have made sure that I have done anything before going to court. My question is what should I do next???? - I would be really out of pocket if I accept this money - should I send this cheque back and say that this is not acceptable? Any advice would be appreciated.

 

Good evening noli28

 

What damages are you claiming for?

 

You could accept the £415 as partial payment towards the damages suffered. What does their without prejudice letter offer state, precisely. Can you post up these details minus the personal info contained therein.

 

With regards to your anxiety suffered if you should happen to hear a noise outside your home, you may be able to claim damages under the tort - Intentional Infliction of Emotional Distress (IIED) - mental shock.

 

Kind regards

 

The Mould

[noli28]

WITHOUT PREJUDICE

 

Following the set aside hearing on xxxx where the District Judge set aside the default judgement and ordered that the draft defence lodged at the court should stand as the councils defence. The judge also indicated informally, that he would hope that the Council would consider the claim further once the documentation was reviewed that was lodged at the court by myself.

 

The documentation has been reviewed and I can confirm that if this information had been received sooner the appeal would have been accepted.(6 letters were sent and proof and copies kept) I have no doubt of the purchasing of the pay and dsplay ticket but it was not displayed on the vehicle. (the councils own evidence and photos show 2 tickets clearly displayed)

 

On this basis I am prepared to offer the sum of 415 pounds without prejudice as a full and final settlement. However, am unwilling to contribute to the costs, damages or interest as these occured as a failure to appeal. (5 letters sent and ignored!!! - all sent within the timescale given and the correct procedure followed)

 

I enclose a cheque for 415 pounds and would appreciate confirmation that this is to your satisfaction.

 

Yours faithfully

 

 

xxxx

[Ganymede]

Hi,

 

Did you send your appeal letter to the correct address. Did the Council ever acknowledge your appeal or did you have any correspondence from them prior to you issuing proceedings?

[noli28]

Hi

 

Yes, I sent all documentation to the right address and have the proof I did so. The reason that the inital set aside happened was because I issued it to the address documented on the ticket rather than to the councils main address. The council did not acknowledge my appeal but as I sent documentation by registered post I have proof they got it.

[The Mould]

WITHOUT PREJUDICE

 

Following the set aside hearing on xxxx where the District Judge set aside the default judgement and ordered that the draft defence lodged at the court should stand as the councils defence. The judge also indicated informally, that he would hope that the Council would consider the claim further once the documentation was reviewed that was lodged at the court by myself.

 

The documentation has been reviewed and I can confirm that if this information had been received sooner the appeal would have been accepted.(6 letters were sent and proof and copies kept) I have no doubt of the purchasing of the pay and dsplay ticket but it was not displayed on the vehicle. (the councils own evidence and photos show 2 tickets clearly displayed)

 

On this basis I am prepared to offer the sum of 415 pounds without prejudice as a full and final settlement. However, am unwilling to contribute to the costs, damages or interest as these occured as a failure to appeal. (5 letters sent and ignored!!! - all sent within the timescale given and the correct procedure followed)

 

I enclose a cheque for 415 pounds and would appreciate confirmation that this is to your satisfaction.

 

Yours faithfully

 

 

xxxx

 

Thank you for posting their WP offer up.

 

Based upon your postings here, the damages, suffered and costs incurred and distress caused is clearly because of their negligence and wrongful clamping of your vehicle. You are the innocent party in this dispute and have evidence in your possession to prove this irrefutable fact.

 

Only you can decide whether to accept their offer in full and final of this matter, how much are you claiming in damages + costs + distress?

 

Kind regards

 

The Mould

[noli28]

I really don't want to accept this offer as I feel very angry that they have done this!! I have charged litigant in person costs ( as shown on this website) and costs for submitting this claim which amount to around 300 pounds. However, I have been told informally by the court to write back to them detailing my claims for damages and distress. I am a bit stuck here! What should I do?

[The Mould]

I really don't want to accept this offer as I feel very angry that they have done this!! I have charged litigant in person costs ( as shown on this website) and costs for submitting this claim which amount to around 300 pounds. However, I have been told informally by the court to write back to them detailing my claims for damages and distress. I am a bit stuck here! What should I do?

 

If you write to the council, then simply state that they had no grounds to take the action against you, they behaved like men 'turning a blind eye' to your numerous letters informing them as to the facts and reality of your dispute with them, by illegally clamping your vehicle (which was parked on private property) you suffered extreme distress and anxiety as you are unwell and needed your car to attend hospital appointments, their illegal action affected your parents as you had to ask your parents to raise the monies required in order to remove the illegally placed clamp on your car, further, their illegal action against you violated your rights to peace and enjoyment and privacy in your household under Article 8 of the Human Rights Act and as a further consequence of their illegal action taken against you, you still suffer emotional distress when you hear any noises outside your home which brings on anxiety attack (panic attack).

 

In these circumstances, you are entitled to your costs incurred for having to issue proceedings against them and you are entitled to damages for the extreme distress caused by their unequivocally illegal action taken against you.

 

As to damages for the distress and anxiety, this is difficult to quantify the level of compensation, you could ask the council to put forward any offer in this respect and if you consider the same to be satisfactory, then you will of course accept, failing which, you will seek damages for this at the discretion of the Court.

 

Have a good think about it noli28 and try and decide what you would be satisfied with as compensation in order to resolve and bring closure to the dispute.

 

Kind regards

 

The Mould