Urgent advice required - Bailiff letter delivered today (Parking ticket)

[porkyp1g 84]

Lol

[renegadeimp 2,290]

Porky... weve already been through this. No matter your feelings, everyone has a right to contest it. It is not for you to decide if theyre right or wrong.

[porkyp1g 84]

I don't need to decide, the facts are clear. Surely nobody would appeal parking in a disabled bay when they weren't entitled to?

[renegadeimp 2,290]

You seem to be ignoring the fact thst everyone has a right to contest it regardless of their guilt or innocence

[Jamberson 1,374]

If nothing else it will highlight to the council that they need to get their act in order.

[LynetteC 1]

Porkyp1g, I was considering appealing due to:

 

 

• Hull City Council claiming they hadn't received not one, not two, but THREE letters I sent them;
  

 

• They rejected my Out Of Time Statement despite the fact that I wasn't contesting the actual PCN, just the additional charge as I believed it had been paid;
  

 

• The inaccuracies in their reasons for rejecting the Statement, the documenting of my telephone calls to them and also in the Statement of "Truth" they sent to Hull County Court, where they referred to me not only by my mother-in-law's name but also by the name of a complete stranger, not to mention accusing me outright of lying about sending the letters;
  

 

• They didn't even bother to turn up at Court for the hearing, citing a "massive failure of the Council's computer equipment which meant [he] did not receive a warning for any appointments [he] had";
  

 

• The fact that it has taken an entire YEAR to get this anywhere near sorted - the initial ticket was issued on 9 April, (Happy first birthday for tomorrow to my PCN!)
  

In the end however, I simply requested that the PCN be charged at the discounted rate, paraphrasing Jamberson's extremely helpful letter above to remind them that if I have to take this further, they may find the entire ticket cancelled.

[f16 401]

In the end however, I simply requested that the PCN be charged at the discounted rate, paraphrasing Jamberson's extremely helpful letter above to remind them that if I have to take this further, they may find the entire ticket cancelled.

 

With you all the way on this..... Good Luck.

PS. Happy Birthday !!!!!

[LynetteC 1]

lol Thanks f16!

 

I forgot to mention it at the time, but Hull City Council hand delivered a copy of my NtO to my house to ensure that I had received a copy! I was actually quite impressed that they did this, considering the history l have with missing mail (and it's not just the bad stuff that goes AWOL, in case anyone was wondering!

[Pocket Nines 1]

lol Thanks f16!

 

I forgot to mention it at the time, but Hull City Council hand delivered a copy of my NtO to my house to ensure that I had received a copy! I was actually quite impressed that they did this

Not impressive at all; but wholly unlawful. Not the hand delivery but the NtO.

 

Lynette, I was discussing your case last week with Jamberson, in another thread.

Hull have got the latest process wrong and hence acted unlawfully. The result is that you can win this.

 

I know you have 'had enough' but it seems a shame to get this far, be messed about so much and then 'give up' at the last hurdle.

 

Can I just explain:-

 

When a Witness Statement is made and, as in your case, finally accepted and processed, the Council are informed - as has happened.

Then, one of two things may happen. I quote from the Regs.

 

(2) The witness statement must state one and only one of the following—

 

(a)that the person making it did not receive the notice to owner in question;

(b)that he made representations to the enforcement authority under regulation 4 of the Representations and Appeals Regulations but did not receive from that authority a notice of rejection in accordance with regulation 6 of those Regulations;

©that he appealed to an adjudicator under regulation 7 of those Regulations against the rejection by the enforcement authority of representations made by him under regulation 4 of those Regulations but—

(i)he had no response to the appeal;

(ii)the appeal had not been determined by the time that the charge certificate had been served; or

(iii)the appeal was determined in his favour; or

(d)that he has paid the penalty charge to which the charge certificate relates.

 

and, most importantly >>

 

(7) Where a witness statement has been served under paragraph (2)(b), © or (d), the enforcement authority shall refer the case to the adjudicator who may give such directions as he considers appropriate and the parties shall comply with those directions.

 

The Council should NOT have issued a new NtO. They may only do so if your Witness Statement stated that you never received the first (which it didn't did it? I don't have time to look back).

 

They SHOULD have referred the matter to the Adjudicator, who would then have invited your comments.

 

So --- think about this ---- this isn't me putting you through yet more work -- but Hull Council AGAIN!

 

What they have done amounts to a gross procedural impropriety - and you could potential win the case just with that.

 

--------------

So what do you do?

I think you've said you've now responded to the NtO and asked to pay the discount amount? Is that correct so far?

 

I'll come up with a few suggestions when you answer. DO bear in mind, as I say, this is Hull causing the extra work for you - not me; The matter shoul already be with the Adjudicator with you having to do very little. They are cheating.

[Pocket Nines 1]

Hang on Lynette.

Just an easy quick question.

 

What box did you actually tick on the Witness Statement??

[LynetteC 1]

Hang on Lynette.

Just an easy quick question.

 

What box did you actually tick on the Witness Statement??

 

I ticked that I had made representations about the penalty within 28 days but did not receive a rejection notice.

 

The initial NtO was dated 13 May and my first (unreceived!) letter was dated 15 May.

 

Does this make a difference? The wording in your post above doesn't exactly match the options on the TE9 from provided by the TEC. I can upload a copy of the one I submitted, if necessary.

 

Thank you so much for this.

 

Lynette

[Pocket Nines 1]

I ticked that I had made representations about the penalty within 28 days but did not receive a rejection notice.

 

The initial NtO was dated 13 May and my first (unreceived!) letter was dated 15 May.

 

Does this make a difference? The wording in your post above doesn't exactly match the options on the options on the TE9 from provided by the TEC. I can upload a copy of the one I dubmitted, if necessary.

 

Thank you so much for this.

Lynette

The wording in post 84 is directly from the applicable law. I've got a TE9 in front of me and I can see that they word it a little different but just to make it plain I think. the effect is the same.

 

You should not have a second NtO; That is clear from the Regs I posted.

You made a Witness Statement under Reg (2)(b) above --- and so the result should be as (7) above - the Council can only refer the matter to the Adjudicator.

 

BUT --- since I posted that, I noticed something. This may not be the fault of Hull. It may be that TEC have made the wrong Order?? Is there a copy of the final TEC Order somewhere in the thread?

 

Wow, you really do not have much luck do you!! A numpty Council, A District Judge who did not know the correct Civil Procedure Rules and possibly now TEC themselves cocking up??

 

Never seen so much bad luck in one case. I feel for ya.

[Pocket Nines 1]

In simple terms Lynette, what was the last thing you received from TEC?

[LynetteC 1]

The last thing l received from TEC was the Order issued incorrectly canceling the additional charges, etc. Everything else has come from Hull City Council with the exception of the Court Order from the County Court.

[Pocket Nines 1]

The last thing l received from TEC was the Order issued incorrectly canceling the additional charges, etc. Everything else has come from Hull City Council with the exception of the Court Order from the County Court.

Was that the one waaayyyy back when they got the deadline wrong for Hull to respond?

 

Following the County Court Order -- the TEC Court Officer should have processed your original TE9 - as was discussed here and not as the DJ thought (no re-submission).

At that point, TEC should have sent the final decision Order to you.

Is that a no then?

[LynetteC 1]

Yep, that one!

 

I haven't received anything from the TEC since then, but it may be lost in the same black hole that other items of my mail disappear into from time to time. I didn't even receive the rejection of my Statement from them - it was copied to me by Hull City Council.

[Pocket Nines 1]

Lynette.

If we can sort this here it will actually take the matter off your back and put it in the hands of the Adjudicator -- then you have nothing to worry about and very little to lose and very little work to do.

[Pocket Nines 1]

Ok, one moment.

[Pocket Nines 1]

I'm thinking TEC have just reverted to the original Order they made in your favour on (11th November was it?)

 

If, as you say, you ticked the box 'reps submitted to Council but no reply received' -- then they have made the WRONG Order -- as shown by the Regs I've posted.

 

TEC are generally good in putting things like this right. Quite possibly correcting this in response to just a phone call.

I don't want to break any forum rules so Mods nudge me if needed but I don't mind trying the call for you to TEC if you like?

You would first have to notify them that I have permission from you to speak to them - by phoning them yourself.

 

what do you think?

[LynetteC 1]

I'm thinking TEC have just reverted to the original Order they made in your favour on (11th November was it?)

 

If, as you say, you ticked the box 'reps submitted to Council but no reply received' -- then they have made the WRONG Order -- as shown by the Regs I've posted.

 

TEC are generally good in putting things like this right. Quite possibly correcting this in response to just a phone call.

I don't want to break any forum rules so Mods nudge me if needed but I don't mind trying the call for you to TEC if you like?

You would first have to notify them that I have permission from you to speak to them - by phoning them yourself.

 

what do you think?

 

I'm thinking that you're going above and beyond the call of duty to help me, and for that I'm EXTREMELY grateful!

 

Before I contact the TEC, I guess you'd have to PM me some info to give them - unless they'll accept "I give Pocket Nines permission to discuss my case on my behalf"! lol

[Pocket Nines 1]

I'm thinking that you're going above and beyond the call of duty to help me, and for that I'm EXTREMELY grateful!

 

Before I contact the TEC, I guess you'd have to PM me some info to give them - unless they'll accept "I give Pocket Nines permission to discuss my case on my behalf"! lol

 

PM coming.

 

--

[JoeyJoeC 191]

Oops - delete this please

[Pocket Nines 1]

edit deleted quote

[JoeyJoeC 191]

Ooops, had thought the page I were reading was the last. My bad.

[Pocket Nines 1]

Hi Lynette.

 

Did you receive last PM after my call to TEC?

 

@ mods (I will post any info on here for the benefit of others - later).