Parking Ticket Appeal?

[Mark1960]

Not sure if I am too late on this one.

 

I received a parking ticket not long back and although I didn't pay within the discounted 2 week slot,the council kindly (& suprisingly) afforded me a further 2 weeks at the discounted rate.Being the disorganised so & so that I am,I waited 15 days before attempting to pay so I have understandably lost the discount.Instead of the next level (£70),I've been hit with a fee of £105

 

I have questioned this and have received a letter informing me that I can either file a witness statement or pay the amount in full.I am currently in receipt of JSA so £105 represents more than my weekly benefit.In fairness,I'm starting back to work next week (although the council don't know this yet)

 

I have asked to pay in instalments but this has been refused.

 

My questions to the board are:

 

1.Can I still appeal the amount and also the demand to pay in full?

 

2.Can I still approach the adjudicator as TT indicated recently and if so,how do I do this?

 

Thanks gentlemen & ladies

[Michael Browne]

There's something not right about your timescales.

 

Discount is available for14 days, after that it is for the full £70 penalty. After 28 days you would have been sent a Notice to Owner, with the option to make representation or pay the full £70 penalty. After a further 28 days, assuming you had not made formal representation to the NTO or paid the full penalty, you would have been sent a Charge Certificate at which point it increases by 50% to £105.

[Mark1960]

OK-first thing I acted on was the charge certificate (£70) got it taken back to £35 but messed up on the 14 days I was allocated & it has now gone from £35 to £105 (£112 with a court registration fee)

[Michael Browne]

OK-first thing I acted on was the charge certificate (£70)

 

That still doesn't make sense. The amount for a CC is the full penalty +50% - ie £70 +£35 = £105

 

You need to chronologically list everything you received and how you responded to each.

[Mark1960]

Whatever I received before the charge certificate was binned as I was so furious with myself for getting a ticket,I vowed that I would not be paying it.When the charge certificate arrived,I calmed down a bit (especially as I saw that the fees were rising).

 

I wrote to the council & claimed that the charge certificate was the first correspondence that I received & as I said in my first post,they afforded me a two week slot at the discounted rate of £35.By the time I got £35 into my bank account & phoned,it was day 15.

 

The charge certificate reads:

 

"The penalty charge in respect of this parking contravention was £70.00 To date £0.00 has been received.£105.00 is outstanding.

 

Sorry-My mistake.I thought the charge certificate was £70.00 but now realise that it was £70 at the previous stage.

 

Do I have any options left available to me? Or should I just take it on the chin & pay up?

 

I do believe that it is wrong to expect someone on basic benefits to pay the full amount.In my case,it is not too much of a problem to be honest but there must be some genuine cases out there where £105 is a lot of money.(I accept that like me,there was a window for a discount but this is not always realistic when you are a single parent,living on benefits)

[Michael Browne]

Whatever I received before the charge certificate was binned as I was so furious with myself for getting a ticket,I vowed that I would not be paying it.

Big mistake,as you're now finding out

 

I wrote to the council & claimed that the charge certificate was the first correspondence that I received & as I said in my first post,they afforded me a two week slot at the discounted rate of £35

In other words, by lying, you managed to get £105 reduced back to £35 - and yet you still didn't pay!!

 

I do believe that it is wrong to expect someone on basic benefits to pay the full amount

.

What's being on benefits got to do with it, you had the opportunity to pay the discounted amount - twice!!

 

Do I have any options left available to me?

Yes pay the £112, but don't leave it too long or bailiffs will be clamping your car.

[Mark1960]

When you get benefits of £70 a week,it is not always as easy as to pay £35 within a two week time scale.In my case,I was a day out.My council lie on an almost daily basis-They are in the local press regularly for all sorts of despicable fraudulent activities running into £1000's-Do you begrudge me a white lie to save £35?

 

The bailiffs will not be clamping my car either because as soon as they contact me,they will be receiving a notice removing all implied right of access.The council will then have a further delay in obtaining this money.

[Michael Browne]

The bailiffs will not be clamping my car either because as soon as they contact me,they will be receiving a notice removing all implied right of access.

You're assuming they will contact you first, whereas in reality they will clamp the car first and then contact you with a demand for the £112 plus probably double that for their fees.

 

Do you begrudge me a white lie to save £35?

Actually it would have saved you £70 and you still didn't take advantage of the lie or the saving

 

it is not always as easy as to pay £35 within a two week time scale.

 

Except you had 2 two week timescales several weeks apart

[Mark1960]

I do assume they will contact me first however I have no experience with parking ticket procedure so I'll ping the council a notice over in due course (notice to principal is notice to agent & all that).Thanks for the heads up.

 

At this point in time,its actually saved me £112 because I haven't paid a penny (ticket issued in January).

[Michael Browne]

I'll ping the council a notice over in due course (notice to principal is notice to agent & all that).

 

I would imagine that they will treat a notice removing all implied right of access in exactly the same way as you treated the original PCN and NTO.

 

If you are hell bent on bucking the system, I'd concentrate on hiding your car well away from your home, preferably off road in a locked garage.

[Mark1960]

Well they haven't with the notice that I sent to their bailiffs in March over council tax-Just the usual idle threats about committal to prison (despite the fact that they can't actually apply for this due to offers of repayment being made)

 

Yes I'll sort something out with the car when we get to that point but I really would beg to differ with your opinion that the notice will be ignored.

[i hate bailiffs]

Those implied right of access notices are not worth the paper they are written on and frankly a wast of time

 

You need to pay before bailiffs get involved otherwise fees will be added on

 

If it went to bailiff stage they are interested in two things the car or cash

[Mark1960]

You have evidence of this I take it?

 

I've sent 2 this year to 2 separate bailiff companies & neither have returned.The first company sent the debt back to the council & the second company is just about to.

[josephbloggs]

If all it took was a letter and the debt went away - nobody would ever pay any debt council tax, parking fine or otherwise

you really do live in a dreamworld if you think there is any link between you sending a letter of implied right of access and the bailiff company returning an account nulla bonna at a similar time.

And in respect of the parking fine, the process is the process and should be same for anybody regardless of if the driver is on benefits or not

If you insist on relying on your bulls**t freemen beliefs, you are simply not worthy of genuine knowledgeable posters time and help - you just want an argument and to pedal your backward made up rules

[Mark1960]

Nobody is suggesting that the debt will go away-Only the problem of bailiffs

 

Can I just point out,for the avoidance of doubt that I do not have any "freeman beliefs".

 

In addition,I would advise that I have seen first hand that the notice works and have a letter in writing from the council to prove this.I have repeatedly offered on this board to meet anyone in the Birmingham/West Midlands area to show them my paperwork-I think it might be you who is living in the dreamland pal,posting about stuff you've never tried or never seen in practice.

[i hate bailiffs]

The use of bailiffs is not just by councils for council tax bailiffs have little powers at all so can be dealt with without a silly notice

many people refuse to deal with the bailiffs so they are forced to hand it back to council and find the next cash cow

 

So the problem of the bailiffs may go away in that case but not down to any notice

 

As stated bailiffs will be after two things your, car or cash no notice will stop them

[Fulhamboy]

You have had enough time to sort this out , although you plead poverty you are still running a car ! Thats enough of that , caggers have been told not to go off at a tangent and to stop ranting on peoples blogs. I must moderating myself !

[Mark1960]

If you want to pay 1st & 2nd visit fees then you can indeed deal with bailiffs without a "silly notice"

 

If you have a car (as I do) a bailiff can levy on that & then return to charge extotionate van fees-Still you know best.

 

I personaly prefer to send a "silly notice" & then sit back,relax & read all thei bluffs & idle threats that they will send over the next few weeks until the penny drops for the council that the longer they play this game,the longer the delay in getting their money

 

PS & as stated, I have sent 2 notices to 2 different bailiff companies & both times its stopped them