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Taken to court even though parking fee was paid


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Hi all,

 

I'm hoping someone can help me. A couple of months ago my partner parked in a Croydon car park. He had no cash on him but paid by calling the number on the machine. He entered his vehicle registration number and paid £10 rather than the £4 he needed. He received a text message confirming payment and confirming he could park there for 24 hours.

 

When he returned to his car he had a parking ticket. He called the council to dispute it and they said they would look into it. They then sent him a letter saying he had to pay the fine. He has now sent a total of 6 emails and had 4 telephone conversation with them disputing this. He's sent them a copy of the text he received and his bank statement confirming that the money went out on that date and for that parking fee. Yesterday he received a summons to court. The council have not replied to any of his email and each time he calls they say they're looking into it. He now has to travel over 400 miles to attend a court hearing.

 

Firstly, I will request to get the court hearing changed to a closer venue, which I believe we have a right to do. Secondly, his mother has advised him to pay the £97 they want to make it all go away. I disagree – he has done nothing wrong, paid over the amount necessary in the first place and has all the evidence to prove it. This has caused him a lot of stress and aggravation and has taking a long time for him to try and sort out. I don't want him to have to cough up £97 when he followed the correct procedure and did not illegally park.

 

Does anyone have any advice? I'd like to persuade him to go to court as I can't see how a judge could favour the council in this case. What is his chance of winning?

 

Thank you to you all!

 

Lottie

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Is the a County Court Claim or Magistrates Court?

 

If it's CC then it will be automatically transferred to your nearest court.

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Hi Lottie,

 

In their letter, on what basis did they say he must pay the fine?

 

If you call them again, insist on speaking to someone in authority, and get their job title.

 

If they have received the evidence your partner sent in, on what basis are they disputing it?

 

I would tend to agree with you. You have the evidence so he should go to Court and make sure he charges them for his time and expenses. When is the hearing?

 

DD

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Thank you DD for your advice. I will have to have a look at the letter they sent him before I can comment. I will definitely call the council tomorrow. You're right –*it would be a good idea to ask on what grounds they're disputing this.

 

Will check back shortly.

 

Thanks.

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Thank you DD for your advice. I will have to have a look at the letter they sent him before I can comment. I will definitely call the council tomorrow. You're right –*it would be a good idea to ask on what grounds they're disputing this.

 

Will check back shortly.

 

Thanks.

 

We need to know CC or magistrates please.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Was thinking exactly the same as Jamberson. LA's do not take people to court. They simply apply to the TEC at Northampton Bulk Centre for a charge order unless a PCN is appealed or paid.

 

There are no court hearings involved.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

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If you have all the proof that you paid the ticket and got confirmation and your bank showing that they have taken the money: then I do not see a problem about going to court. Make sure you get the court to another location closer to you. You can challenge the jurisdiction of the court and in your answer state you intend to defend this and ask for more time to prepare a defense. Do not pay the £97. Your mum is just being a mother and trying to protect you. Unfortunately this is the real world and some battles have to be fought to the end. The council have been contacted by you to say you dispute the fine and did not respond save to say they will look into it. It sounds as if you had standard letter insisting you pay the fine. These idiots set the wheels turning and it seems as if they do not stop. If there is an address on the ticket or the parking letter, make a formal complaint to someone in charge and send copies of everything by registered post. If the council this time do not respond that is also in your favour. If you go to court explain to the court that you paid the ticket over the phone: item one the ticket receipt and text with confirmation. Tell the judge that you got the text and that they confirmed payment. Item 2: confirmation you could park for 24 hours. Tell the judge that they took the payment via your card and show the judge the money going from your bank or credit card: item the statement above. Then tell the judge that you contacted the council and disputed the ticket fine and explained you had made payment and that 6 emails followed in dispute and no response. Item 6 onwards: copies of the emails. The final item is the formal complaint. I think that you can show that you paid the ticket and that the case will go in your favour. You need to make sure that you are awarded and claim all out of pocket expenses and travel expenses and so on when you go to court. If it is the magistrates court I do not see why it should not be dismissed and then you should be able to claim compensation and costs against the council. The council are idiots. This really is unfair. I do not know what they have done with your payment; they obviously took the money and issued the confirmation. Goes to show they must put some garbage into their computers as well as their brains. Good luck

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If it's a council issued PCN, there is no court hearing (civil or magistrates) involved. There is a appeal process which ultimately ends up at PATAS and that's it. If all fails, then the council can apply for a charge order which authorises bailiffs to recover goods to the value but normally they will levy on the car in question.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

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And anyone reading this should watch PATAS, not just about unpaid parking tickets. There are only six things you can appeal on, and if you appeal on any other grounds they just chuck the appeal out. A nice man at PATAS actually told me that. Therefore my argument, which worked, was that this was a Catch 22 situation where although I was being told I could appeal, I actually couldn't. My ticket was cancelled.

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It would help to not jump to conclusions especially absent the facts.

Not all councils operate CPE, some still issue ECNs which do go to Magistrats's Court.

As yet we do not know which.

The name of the council would help greatly.

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And anyone reading this should watch PATAS, not just about unpaid parking tickets. There are only six things you can appeal on, and if you appeal on any other grounds they just chuck the appeal out. A nice man at PATAS actually told me that. Therefore my argument, which worked, was that this was a Catch 22 situation where although I was being told I could appeal, I actually couldn't. My ticket was cancelled.

 

Agreed, the 'impartiality' of going to PATAS is a smokescreen, avoid if you can as the local government Ombudsman cannot then act on your behalf over a claim of faulty legislation/missing signage/impropriety by the LA once you have used them. PATAS additionally have 'form' on ignoring pertinent facts brought before them, it's not their money after all. Maybe they are an equal opportunities employer ?

 

Appealing using the appropriate TEC forms against a charge certificate works. Whilst it does not remove the original PCN (and the LA will almost certainly progress with further wasting of taxpayer fund, it's not their money after all) , it lends strong credence in a court appearance if you have a rejection / dismissal from Northampton and you can put forward a case of vexatious activity if the LA does try it on before the judge.

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It would help to not jump to conclusions especially absent the facts.

Not all councils operate CPE, some still issue ECNs which do go to Magistrats's Court.

As yet we do not know which.

The name of the council would help greatly.

 

My money is on Croydon who apparently do 'register the debt at the county court' which I assume is the Northampton TEC. Here is a link to their 'process' taken from their website;

 

http://www.croydon.gov.uk/contents/departments/transportandstreets/pdf/chart.pdf

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

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No apologies needed Lamma. :thumb:

 

Please Note

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

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