Council Parking Ticket - Bailiffs

[stan5131]

Hi,

 

Some months ago, I went into the City Centre and parked in a long parking bay that has room for some six cars. There was only one space left at the end, and as I reversed into it, my front tyres were just over the white line by a couple of inches. I couldnt reverse any further back because of the car behind. This line was separating the parking spaces from a very large loading bay. When I got out of the car, I was studying the white line and was not sure whether or not I would end up with a ticket. I then spotted a Traffic Warden and crossed the road to speak to him. I explained that my front wheels were a couple of inches over the line and asked him if I would get a ticket? His reply was that they would not issue a ticket for a couple of inches.

 

Well, I returned to my car to find that the very same Traffic Warden had given me a ticket only a few minutes after I spoke to him! I was absolutely livid! I wrote and complained about the ticket and there was a bit of correspondence back and forth. They refused to void the ticket. They told me they had spoken to the Warden who had denied saying what he said, but claimed he had said "as long as the wheel was not over the line". I believe they now wear headcams, and I asked them to look at the footage. They ignored my requests and still demanded payment.

 

Today I received a letter from Equita Certified Bailiffs saying that a summons had been issued at Northampton County Court. So when did it go to court? And why wasnt I given the opportunity to defend this? What can I do now?

 

Can anyone help?

[Michael Browne]

Did you receive:

a) Notice to Owner

b) Charge Certificate

c) Order for Recovery

[stan5131]

Did you receive:

a) Notice to Owner

b) Charge Certificate

c) Order for Recovery

 

 

I received Notice to Owner, then letters in reply to mine. If a Summons has been issued, then why wasnt I notified of a court hearing? thanks

[Michael Browne]

I received Notice to Owner,

Did you make a formal representation to the NTO?

 

then letters in reply to mine.

Was this a Notice of Rejection to your formal representation?

[stan5131]

Hi Michael,

 

Basically, I wrote them a letter explaining the circumstances Then the Notice to Owner came, and I replied to that with a letter pointing out my previous letter and the circumstances. They sent me a letter saying they were unable to cancel the ticket and I still had to pay. I replied to that with a letter saying that I wasnt paying due to the advice given by their own Traffic Warden. So Yes, it was a notice of rejection

 

I thought it would go to court and I would have a chance to defend it!

 

thanks

[Michael Browne]

Having sent a Notice of Rejection, you have the choice of either paying the penalty or appealing to an adjudicator. It seems you did neither.

 

Therefore the council should have sent sent you a Charge Certificate which increases the penalty by 50%, 28 days after the NoR if you did neither of the above.

 

Did you receive the Charge Certificate?

[stan5131]

So how do I appeal to an adjudicator? Is it now too late? Doesnt this have to go to court whereby I have a chance to defend?

 

Im not sure what a Charge Certificate is. thanks

[Michael Browne]

So how do I appeal to an adjudicator? Is it now too late?

Yes.

 

Doesnt this have to go to court whereby I have a chance to defend?

No, the Notice of Rejection would have included details of how to appeal to the adjudicator, which you didn't do.

 

Im not sure what a Charge Certificate is. thanks

It would look like this:

http://forums.pepipoo.com/lofiversion/index.php/t46912.html and increases the penalty by 50%

 

If that increased penalty charge is not paid within 14 days of a Charge Certificate being served then the council may apply to register it as an unpaid debt. You will then be sent an Order for Recovery.

 

If the penalty charge has not been paid within 21 days of the Order for Recovery being served then the council will ask for a Warrant of Execution which will be passed to a Bailiff to recover the monies owed, which is where you are now.

 

So did you receive both the Charge Certificate and the Order for Recovery?

[stan5131]

Just looked through the paperwork, and there is no Charge Certificate or Order for Recovery.

[Michael Browne]

You need to make an out of time witness statement on the basis you didn't recieve the Charge Certificate or Order for Recovery.

 

This will set the PCN back to the NTO stage.

 

Call the Traffic Enforcement Centre helpline: Telephone: 08457 045007. They will send you the forms (I think, TE7 &TE9)

Do this first thing tomorrow.

[stan5131]

Thanks, will do this in the morning. Does this mean I have a County Court?

 

Thanks for all your help.

[tomtubby]

Michael, in fact you cannot file an Out of Time witness statement on the basis that an Order for Recovery or Charge Certificate had not been received.

 

The OTT can be filed on the basis that the respondent had not received a Notice to Owner or that he had not received a Notice of Rejection.

 

This could be difficult one.....

 

Stan....when you received the letter from the local authority rejecting your representation, they should have advised you that you have the right to take your case to the parking adjudicator. Did you receive this notice from the council?