Tower Hamlets - Suspended Bay ticket **Cancelled**

[JMCDJ]

Hi there,

 

I'm new to the site so please excuse my ignorance.

 

In August I received a ticket from Tower Hamlets as I'd parked in suspended bay.

The reason I didn't see the sign was because a Waitrose delivery van had parked in front of it,

obscuring the view from where I had parked.

I use a blue badge owing to disability so didn't bother paying at the machine.

 

I subsequently appealed within the 14 day frame and heard nothing.

 

I then contacted TH in October to ask whether my appeal had been successful and

they told me it hadn't and that they'd written to me already and I should wait until I receive further correspondence.

I explained that I had not received any correspondence from them.

Nothing came once again until I received a Charge Certificate a couple of weeks ago stating I now owed them £195.

 

 

The original fine was £130 - or £65 if I paid within 14 days.

They had added an additional £65 on owing to a charge certificate increase.

 

I contacted TH immediately and asked to speak to the head of the department.

Upon speaking to him, I explained the situation and was told to write in and explain what had happened.

I did so immediately and

 

 

on Friday received another letter explaining that "as a gesture of goodwill" they were willing to accept £130 from me.

 

 

My other alternative would be to appeal and enclosed was a form from the Parking and Traffic Appeals Service.

 

Please could someone kindly offer me some advice, namely the following:

 

1) Does anyone know where I can go to find out whether the suspended parking bay was valid,

i.e. had been applied for, for on or around the date I received a ticket?

 

2) Whether I should appeal either way to the Parking and Traffic Appeals Service

on the grounds that I did not receive any correspondence and could not, therefore, pay at the reduced rate.

 

I have only recently started working again this year owing to my disability

and to say money is tight would be an understatement.

 

 

I also offered to pay in instalments in my original appeal and this too has obviously been ignored.

 

Many thanks,

 

Joe

[Jamberson]

If you do nothing for the moment, you should receive an Order for Recovery over the next couple of weeks. With it will be a form to file a Witness Statement, contesting the progression of the PCN. You should do that - complete it, ticking the box saying you did not receive a reply to your representations. Fill in all the details, and you should get the PCN reverted back.

 

(It would be worth phoning them to check if/when the Order for Recovery has been sent - don't just wait and wait in case it also goes astray in the post.)

 

When the PCN is back at the appeals stage, you can do what you need to - appeal it (again) or pay at the original rate.

 

The idea that the suspended bay was not properly valid is pretty unlikely, but I'm guessing your appeal is more to do with the fact that the sign was obscured on the day.

[JMCDJ]

Thanks Jamberson, is that not the same as appeals service form they sent through?

[Jamberson]

Well, I haven't seen it of course but if it's an application to PATAS then no, it's not the same. PATAS are an adjudicator, whereas I was suggesting that you try to put the case back to the appeals stage again, as I described.

 

Are you satisfied that the Council considered your appeal, and you have seen their response and still think you have a winning hand? If so, then take it to adjudication.

 

If you play it my way, you'll be back in the appeals loop and will be able to try another appeal first, maybe with some new arguments. Up to you though.

[JMCDJ]

Thank you!

 

I am writing an email to the chief executive of the council now - i've lost all faith in their parking services team.

 

I appreciate your help.

[green_and_mean]

Missing out on the reduced fee will not win at PATAS, nor will authorisation for the suspension. The ability to suspend the bay at any time lies in the current traffic orders they simply have to pop up a sign.

You have been given the option to pay the full amount or go to PATAS, going to PATAS is a no brainer as the cost remains the same. Wasting time and possibly missing the appeal deadline writing a complaint to the chief exec because a letter got lost in the post is pointless. At the end of the day you told them you didn't get the letter so they gave you a second chance to appeal, which they did not have to do which is hardly grounds for complaint.

I would just stick to the facts and go to PATAS with the original appeal that the sign was obscured.

[Jamberson]

Thank you!

 

I am writing an email to the chief executive of the council now - i've lost all faith in their parking services team.

 

I appreciate your help.

 

The advice I gave was to choose between taking it to adjudication or filing a witness statement to get back into the appeals process. I do not advise you email anyone. There is a standard procedure - follow it! Otherwise you'll fall foul of the process and end up with a massive charge to pay.

[JMCDJ]

How do i file a witness statement please?

[Jamberson]

As per post 2 above - wait for the Order for Recovery, and the forms will be with it. If they aren't, you'll need to get some from either the council or the Traffic Enforcement Centre at Northampton County Court (Google them and you'll find their website - I think you can download the forms there, but I'm not certain).

 

If you need advice on what to put, then feel free to ask.

 

Complete the form, sign it, and send it off to Northampton County Court as per the instructions on it.

 

The form has the code number TE9.

[green_and_mean]

Why are you filling out a witness statement? You said you contacted the Council and they cancelled the order for recovery and gave you a form to appeal to PATAS??

[JMCDJ]

Now i'm confused. They sent me a PATAS application following my final letter to the head of parking.

 

Please could someone advise whether I should fill this in and send it off or do something else. I promise I won't hold anyone responsible for offering advice!

 

I subsequently sent an email to the Chief Exec of the council and he hasn't responded.

 

Many thanks

Edited December 2, 2014 by JMCDJ

[Jamberson]

Do you want to go to an adjudicator and argue your case in person? If so, apply to PATAS.

 

Or do you want to get back into the appeals stage so that you can try a written appeal again? If so, Witness Statement.

 

The former might run into problems if a Charge Certificate was issued - it's not clear whether the council have followed the right steps. It seems they issued a Charge Certificate then extended some "good will". PATAS may or may not hear the case, depending what happened. Also, following the latter course will buy you more time to decide what to do.

[JMCDJ]

Hi,

 

Got an email back yesterday saying all fines had been dropped.

 

Thanks for your help,

 

Joe

[Jamberson]

Wow! Good result. Did they say why?