Jump to content

 

BankFodder BankFodder


liverbird37

PCN council errors over my paperwork. now its sent to court. **Ticket Revoked**

style="text-align:center;"> Please note that this topic has not had any new posts for the last 2488 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Received a PCN last April. Appeal rejected at both first and second stage. Lots of errors during this process by council like losing my appeal paperwork at both stages, emails from councils one stop shop not going through to correct dept, and charge certs being sent before both appeal decisions.

 

It has been a nightmare, and I've had to visit the councils one stop shop on so many occasions to sort out their errors it's now driving me mad. Had to visit them a couple of weeks ago as received charge cert before second appeal decision, and they were wanting increased charges.

 

The non receipt of the second decision meant I was out of time to submit appeal papers to PATAS. Guy at one stop shop said I'd be ok, that he would get parking dept to print off copies of decision letter, and that I should go ahead and send to PATAS and ignore charge cert. He spoke to his boss in front of me and it all seemed like it had been sorted.

 

Well now I'm up the creek as council have now sent me another letter requesting even higher charges as I haven't made an appeal to PATAS, which indeed I have. Went into one stop shop today to speak with an advisor who told me there was nothing that they could do, be it their error or not. That it's now being prepared to be registered with the courts and is no longer the councils problem. I explained all the problems I've had with errors on behalf of the council, but he was totally unsympathetic.

 

Is this advice he has given me correct ? It just seems so unfair that I have done everything I could to sort out their catalogue of errors, but am now gonna be facing bailiff fees too. Am out of work so absolutely cannot afford this to happen. Am so angry. Whilst I was talking to an advisor, one of the other advisors walked past and told him that they have had a ton of people receive the charge cert before appeal decision lately, and so are out of time to appeal to PATAS. Makes you wonder if it's being done on purpose.

 

Have no idea what to do now. Was told I needed to get an out of time declaration form from court, but fine hasn't been registered yet. The advisor also told me the courts are unlikely to be sympathetic towards me and that I should just pay it and be done with it. He reckons that I have to prove I didn't receive appeal decision, but the council don't have to prove that it was sent. Seems mighty unfair to me. Have no idea if the info given is correct so really stuck as to how to proceed.

 

Any help or advice would mean the world. Never had a PCN before so at a total loss. Many thanks.

Share this post


Link to post
Share on other sites

I have had virtually the same problem with lambeth council. They received my informal challenge and rejected it but claim they never received my formal challenge even though I sent it via recorded delivery. They agree it may have arrived but just not to them and thats my tough luck.

 

I have spoken to the court and they say I can challenge with them now but I have no statutory rights and the fine is no longer related to Lambeth council as " I didn't submit a formal challenge" (which I of course did).

 

Thy said the best I can expect is to pay the original fine which will be less than the current fine as now they have doubled the fine and added on a surcharge (not sure what the surcharge is for either).

 

I know this doesn't help much but try and find out about the reduced fine to lessen the financial blow a bit.

 

Now need to start my own thread and hopefully get some advice.

Share this post


Link to post
Share on other sites

did you send all corospondence "signed for" delivery or email so you have a paper trail that is provable in court??

Share this post


Link to post
Share on other sites

In court ? ? What Court would that be.

Share this post


Link to post
Share on other sites

Hi

 

What you also need to do is to write a Formal Complaint to the Chief Executives Office of the Local Authority concerned bullet pointing everything from start till now.

 

This way it is taken out of that one departmants hands and is under the Chief Executive Offices Complaints section who will investigate the complaint and you can also request the details of one point of contact until your complaint is resolved.


How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

Share this post


Link to post
Share on other sites

if what you say is true, them you will need to prove it, ultimatly in court if you want the council to sit up and take notice

Share this post


Link to post
Share on other sites

In court ? ? What Court would that be. This is a CPE PCN. There is no court stage (unless an expensive judicial review takes place after a failed 'diouble appeal' to PATAS).

Share this post


Link to post
Share on other sites
if what you say is true, them you will need to prove it, ultimatly in court if you want the council to sit up and take notice

 

 

sorry -- ultilmatly at appeal where you can appear to defend your corner, you know what i ment, no need to split hairs

 

in "whatever" body that makes the decision, it wont help the case by going in with hearsay, make it rock solid with tangible proof of what you have done

Share this post


Link to post
Share on other sites

Its not splitting hairs, there is a world of difference. many people are put off by the mere mention of court. I agree that good proof is needed, to the required standard.

Share this post


Link to post
Share on other sites

Thank U all so much for taking the time to help me. Am really grateful. I apologise for not making the court thing clearer. The council are due to register the PCN debt with Nottingham County Court for collection on January 24th. I have been informed by Barking & Dagenham Council, that this is the point of no return.

 

They told me that once it goes to the courts, that even with an out of time declaration, I will still have to pay the £195 fine plus court/ bailiff charges on top. Am concerned as being out of work, and knowing that you can't pay in instalments, puts me up the creek.

 

I feel robbed of my right to appeal, and really annoyed that I will now have to pay no matter what. It just doesn't feel fair. They have all my paperwork, and have logged on their computer every call and visit I have made thankfully. The only thing missing is the original second appeal decision letter which still hasn't arrived. Apparently, it was sent end of October.

 

I am going to hand in an official letter of complaint tomorrow. It may not help, but if I'm going to be forced into paying this fine, I sure as hell aren't going to do it without a damn good fight.

Share this post


Link to post
Share on other sites

You can make an out of time declaration but not until you have received the Order for Recovery, which follows the Charge Certificate.

 

If the OOT is accepted, the PCN is set back to the NTO stage (the council will issue another NTO) and you can then make a formal appeal to to the NTO and if rejected appeal to PATAS

Share this post


Link to post
Share on other sites

"They told me that once it goes to the courts, that even with an out of time declaration, I will still have to pay the £195 fine plus court/ bailiff charges on top." Did they put these bare faced lies in writing by any chance ?

Share this post


Link to post
Share on other sites

Just an update on this situation. I decided to appeal to PATAS, even though I was out of time. Thankfully, PATAS decided to accept my late appeal. Case came before them a couple of weeks ago, and PCN was cancelled.

 

It appears that my Councils ineptitude was not only a pain for me, but also has cost them dearly too. They didn't send the PCN, or any details relating to it, over to PATAS, so had no PCN to contest :lol: Just goes to show how worthwhile it was asking PATAS if they would accept my late appeal. Many thanks for all the time and advice you all gave. Am so very grateful :-D

Share this post


Link to post
Share on other sites
It appears that my Councils ineptitude was not only a pain for me, but also has cost them dearly too.

 

It hasn't actually cost them a thing its Council tax payers money.

Share this post


Link to post
Share on other sites

Good result. I wish I'd seen this thread back in January as there were avenues open to you then, and the council were mis-advising you. This is not malicious on their part - the staff you encounter only have a vague idea of how the advanced cases work. Good for you for going ahead and winning out.

 

Have you ever been contacted by bailiffs over this? If so, do you know the state of play there?

Share this post


Link to post
Share on other sites

A good result for you. I'll amend the thread title to suit


Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

Share this post


Link to post
Share on other sites
It hasn't actually cost them a thing its Council tax payers money.

 

Amazing how flexible and variable the council's constant fiduciary duty is regarded by councils and their employees.

Share this post


Link to post
Share on other sites
It hasn't actually cost them a thing its Council tax payers money.

 

 

And money those in the council accounts office are willing to swallow as it is a known amount. Beyond that, the PATAS adjudication is highly unlikely to award costs to the victim for their ineptitude, such is the fairness of the process.

 

I trust the o/p did not incur further expense by going along to the PATAS offices.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...