expensive parking ticket issue!

Pssst

Quentin wrote: »

Before you started your pious advice, you could have at least read the OP if you couldn't be bothered with the whole thread.

As I have said to the other learned colleague,if its a sure fire winner,you will counsel accordingly and hopefully the OP will win his case ?

Neil_B

Pssst wrote: »

As you apparently consider that you are some hot shot lawyer,perhaps you will assist the OP and he will win his case and maybe even get compensation.

I wish you both well.

Do report back ?

Oh dear. Not a great climb down on your big mistake was it?

I'm not a lawyer and never claim to be. I can read though.;) I merely have some some knowledge about the possible avenues of recourse for someone in this situation, they having lost £800-.

It is entirely dependent on the rest of the story. I hope they have followed the correct procedures so far because from the info so far there was clearly no contravention and this nedn't have cost anything.
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Pssst

Climb down? I havent climbed up !

Hopefully the chap will get his money back with compo on top. If he does, i hope he comes back and tells us. Dont you get a £30 early payment option for these tickets?

Neil_B

Compensation is unlikely unless there was a significant impropriety along the way.
£30 discount period probably expired during the appeals process.

where i am concerned is that he says 'went through appeals with Shrewsbury'.
Then next event is £90 which must have been the issue of a Charge Certificate. If he failed to proceed to the Adjudicator when Council rejected formal reps - or failed to make formal reps at all - then he is stuffed.

---but - not answering is he/she.
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Herbie21

I am hoping to hear that an appeal/representation was made and no response was received . In that case then this would be sufficient grounds to file an Out of Time stat dec with TEC.

At this this way, if the application is sucessful, the Warrant will be revoked and the poster is able to request a refund etc.

Also, the fees for one PCN cannot possible this amount of money.

In the first instance I would suggest contacting TEC to establish the date and address on the Warrant of Execution. Their number is 08457 045 007.

Can you PM me with the name of the bailiff and the company he works for.

BabaOsw

Pssst wrote: »

When it comes to official parking tickets, if it is a valid offence the best thing you can do is pay up. I know its hard but often,its less stressful and cheaper and its rare that you can beat the system

Do you agree that you were committing a parking offence?

No! I wasnt 'parked' !
If i wanted to park my vehicle, i would have done so, off road - less than 5 yards away! but this would have made it awkward for me (dog mess and carrying a 2 year old!?!) to 'load/unload' and as i was less than a minute, considered it not worthwhile, hence engine running, indicators on and door open. if an offence was commited, i'd of paid the £30 option! But i have been brought-up to tell the truth and be honest. Mind-you, if i could be dis-honest then maybe i could be 'on the council'? lol

BabaOsw

hi guys, thanx for all the responses. i will list (and date) the correspondence that i have sent and recieved later this evening. i appreciate your comments. i will try and upload the ticket. thanx

BabaOsw

Penalty charge notice time file :
08/01/08 penalty charge notice issued - stating parked in a restricted street during prescribed hours.
Code: 01
08/01/08 email to Parkright - stating car was not ‘parked’ and that I was loading - witnesses available
17/01/08 letter from Parkright - appeal logged and acknowledged by park right
30/01/08 letter from Parkright - notice of rejection - a vehicle is not permitted to park on a yellow line when restrictions are in force other than for the purposes of loading or unloading. Notes made by the attendant show there was no suggestion of either activities - despite the vehicle being observed for 5 minutes. (they state that a large portion of the vehicle is ‘parked’ on the yellow line
01/02/08 letter to Parkright - a large portion of the vehicle is ‘not’ on the single yellow line and I am ‘not’ parked. I was not in my property for 5 minutes, I was loading for less than 45 seconds and spent less than 90 seconds in the road. Witnesses available.

29/02/08 letter from Parkright - notice to owner - penalty charge has not been paid. 28 days notice to pay in full or to make representation - see next page (no next page supplied)
03/04/08 letter from Parkright - charge certificate - which states it was issued as no challenge was made or unsuccessful. (received 08/04/08)
28/04/08 letter to Parkright - my letter stating that I have not received any correspondence from park right regarding my appeal, therefore awaiting apology
16/07/08 letter to Parkright - my letter again asking for an apology and yet to receive correspondence
22/07/08 letter from Parkright - stating my initial challenge had been rejected on the 30/01/08. They state that I made no appeal to there correspondence dated 29/02/08 Therefore increasing the charge that they sent on the 03/04/08. They state that on 20/06/08 an order of recovery was made against me at Northampton County Court. They state that I had not contested this (the letter has the appeal number crossed out???). AT 14.51 the PA’s handheld PC entered my car details and that the PCN was issued at 14.56 during which time saw no indication of loading or unloading. At 14.55 I arrived home and left within 90 seconds.
24/07/08 letter to Parkright - my letter stating their contradictions and requesting their intentions
29/07/08 letter from Parkright - thank you for your correspondence
30/08/08 letter to Parkright - my letter to park right asking what the outcome of the case as there has be no notification. Requesting court proceedings as further evidence is available.
08/12/08 letter from Newlyn - receive ‘notice of seizure’ from Newlyn on behalf of parkright
11/12/08 letter to Parkright - my letter to park right. Acknowledgement of ‘notice of seizure’ from Newlyn. Ask them to phone me or write to notify of what the state of play is as they do not answer the phone. Speak to Newlyn (Carrie) who confirms suspension due to lack of response from Parkright.

12/02/09 0615hrs car is clamped without any notice. 0730hrs I phone bailiff (James King from Dartford on behalf of Newlyn Northampton) stating that the case had been suspended on the 11th December, 2008. 13.45 bailiff phones me (very aggressive and abusive) demanding £509.23 by card or cash, again I state that the case had been suspended. 1630hrs the car is being moved onto a transporter!. Bailiff demands £715.09 in cash only - refuses to show warrant. 1650hrs the car goes! 1715hrs I am issued with the bailiff removal notice! Bailiff had issued to the wrong address
12/02/09 notice of seizure and inventory off the bailiff (posted to wrong address and received after the car was taken), stating that the offence was committed in Shrewsbury (and not outside my house in Oswestry)
12/02/09 letter from Newlyn - acting on instructions from shrewsbury & Atcham BC/Parkright we have removed your vehicle for non payment of the road traffic Contravention. This was received on the 14th - the day after the car had gone!
13/02/09 (Friday the 13th lol) I phone bailiff to make payments by card to release my car, he refuses payment. Saturday a.m. bailiff send me a ‘text’ of where to make payments (this is a Saturday and make payments at NatWest in order to collect car on Monday - debt now at £790.08 due to storage fees up to Monday)
14/02/09 make instant payment at Nat West as per bailiff request. Now at £790.08
16/02/09 at approx 1115hrs the bailiff sends text of where my car can be collected. 1215hrs I collect my car (approx 8 mile away). It had been broken into, window dropped off the runner and car open. Approx 5inch scrape on wheel arch and half inch scrape by door.

Herbie21

They state that I made no appeal to there correspondence dated 29/02/08 Therefore increasing the charge that they sent on the 03/04/08. They state that on 20/06/08

Parkright would appear to have made a number of errors.

In the first instance you made an "informal representation" in that you appealed when first issued with this PCN and you received a letter of rejection.

In this letter did Parkright advise you of what you needed to do next ie: appeal to the adjudicator ??. This is VERY important.

Next, on 29th Feb 2008 an NtO was issued which MUST have attached to it a form to make FORMAL REPRESENTATION and this should have been completed by you (a copy of your INFORMAL representation would have sufficed) and you should have then received a FORMAL REJECTION from Parkright. It would appear that you did not receive the attached form to make a FORMAL REPRESENTATION and that you quite rightly considered that you had already made your representation.

Next and VERY important, you have NOT mentioned receiving an Order for Recovery. This is important as it is the second chance to appeal in that ATTACHED to the OFR would be a Statutory Declaration.

What to do now.......This is rather difficult in that in order to get a full refund you need to to have the Warrant of Execution REVOKED and the only way of this happening now is to file an Out of Time late Statutory Declaration and the ONLY ground is going to be ground ONE which is that you appealed and did not receive a FORMAL REJECTION.

You need to keep the form short and if you need help completing it please let me know. I have pm'd you.

PS: From what you have written it would appear that Parkright did not provide a Representation form with the Nto and neither did they send you an Order for Recovery with the attached Statutory Declaration and questions need to be raised as to WHY. However, this is NOT a one off. Our office see this same situation all of the time !!!

Have tried to pm you but the message says that you cannot receive private messages !!

kaya

I find it funny that any woman could
a)park
b)apply handbrake
c) open door, exit car , shut door,
d) enter house
e)lift baby and fit coat
d) exit house with baby and return to the car
All this is 45 seconds? no woman could do that in that short amount of time!
But i wish you all the best with your ticket problem