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Hi

 

I received a parking ticket in May for parking infront of a dropped kerb adjacent to a footway

 

I was not parked next to a drop kerb nor is there a footway. I appealed the ticket and it was rejected on the basis I was blocking access (I wasn't). The enforcement officer took about 15 photos

 

This happened in May of this year

 

In the council's response I vaguely recall them stating they would send me info on how to appeal to the adjudicator which I intended to do.

 

I can no longer find this response and am unsure if it was electronic or printed. I am certain I never received any follow up so forgot about it.

 

I now have now received a letter from Marstons with a final warning and payment of £513 required

 

Is there anyway I can still appeal this?

There is absolutely no dropped kerb where I parked nor yellow lines.

I have been informed by an enforcement agent previously it is ok to park there (no proof I know)

 

I don't know how to proceed.

I don't want to pay the £500 for something which didn't occur.

 

Have I got a CCJ now?

 

Any advice much appreciated thanks

Edited by dx100uk
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you don't get a CCJ for a parking fine.

 

what letter have you received a notice of enforcement giving you 7 days?

 

moved to bailiffs forum


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If Marston's are on the case, the time frame to dispute the issue of the dropped kerb is long gone. You are no longer able to dispute the original PCN.

 

 

 

There are mechnisms by which you can contest the bailiff warrant and extra charges, but only if you have certain grounds. It is important that you find out what you have been sent - the names of the notices/documents and the dates, and also what you did each time you received them - if you can post a list on here, we may find grounds to contest it. The order of events is very important.

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you don't get a CCJ for a parking fine.

 

what letter have you received a notice of enforcement giving you 7 days?

 

moved to bailiffs forum

 

 

hi

 

 

I received a letter from task dated 15/10 but didn't see unfortunately it until I received hand delivered letter from marston holdings which is a final notice demanding payment of £513

 

 

I don't seem to have received any letter giving seven day notice. I assume I received the task letter shortly after 15/10 and then the hand delivered one from Marstons on 29/10

 

 

thanks

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If Marston's are on the case, the time frame to dispute the issue of the dropped kerb is long gone. You are no longer able to dispute the original PCN.

 

There are mechnisms by which you can contest the bailiff warrant and extra charges, but only if you have certain grounds.

It is important that you find out what you have been sent - the names of the notices/documents and the dates, and also what you did each time you received them - if you can post a list on here, we may find grounds to contest it. The order of events is very important.

 

Hi

 

To be totally honest I forgot about the appeal as I was expecting another letter detailing how to appeal to the adjudicator but I haven't received one

 

Upon receiving the hand written letter I have looked through my post and can find the following documentation

 

18/7 Charge certificate from the council for £195

 

15/10 Notice of Enforcement from Task for £278.00

 

29/10 Hand delivered final notice from Marstons demanding £513.00

Edited by dx100uk
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NOE - read it carefully it gives you 7 days before it escalates with the £75 fee

then if the bailiff attends in person [letter 29/10] it adds a further £235.

 

sadly I don't think there is anything to do bar arrange with the bailiff to pay this off.

do NOT let them into your property.

 

dx


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Hi

To be totally honest I forgot about the appeal as I was expecting another letter detailing how to appeal to the adjudicator but I haven't received one

 

Upon receiving the hand written letter I have looked through my post and can find the following documentation

 

18/7: Charge certificate from the council for £195

 

15/10: Notice of Enforcement from Task for £278.00

 

29/10: Hand delivered final notice from Marstons demanding £513.00

 

And I suspect, that if you look a little more, you will find that there would have been another statutory notice after the Charge Certificate called an Order for Recovery.

 

And most importantly, attached to the OfR would be either a witness statement of statutory declaration. If you had appealed the contravention and had not received a formal Notice of Rejection, then ticking the middle box on either the WS or SD would have seen the PCN rewound back to the appeal stage.

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hi

 

 

I received a letter from task dated 15/10 but didn't see unfortunately

 

I don't seem to have received any letter giving seven day notice. I assume I received the task letter shortly after 15/10 and then the hand delivered one from Marstons on 29/10thanks

 

 

If you read the notice dated 15th October, you will see that it is called a Notice of Enforcement. The bailiff fees at the stage would have only been £75. The notice invites you to contact the enforcement company by a specified date (which must not be less than 7 clear days) in order to set up a payment arrangement.

 

Most companies are giving a period of 14 days (which is more generous that the '7 clear days".

 

PS: The bailiff fees are sadly correct.

 

thanks

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Based purely on the information in this thread, which may not be fully complete, the OP says,

 

 

 

"In the council's response [to an appeal] I vaguely recall them stating they would send me info on how to appeal to the adjudicator which I intended to do. I can no longer find this response and am unsure if it was electronic or printed. I am certain I never received any follow up so forgot about it."

 

 

 

This suggests an informal appeal was made, and if no adjudication forms were sent, my supposition is that the NTO was never received. When the OP lists documents received in his post #5, he starts with the Charge Certificate.

 

 

 

That is grounds to make an out of time declaration, and if no Order for Recovery was received either, then he has a chance of having it accepted.

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