N244 appeal won!- however.........

Jaylee15

I won an n244 appeal from Lambeth( they didn't bother turning up)!
An the DJ ruled that it should be reverted back to the original ticket( it started with address changes an ended up the baliffs taking my vehicle, parked outside a friends house. On 25th jan , I didn't know about the ticket issued an sent to my old address until, my car just disappeared !!!)

My question is the case was heard on Monday 2nd April, I still havnt had my vehicle back, the baliffs had it since 25th Jan, is this common practice? I desperately need my vehicle, it has been such an inconvenience for me and my family, plus can I claim compensation for this, or is that over the top!

HO87

Besides applying for the matter to be reverted (and presumably obtaining an order to that effect) did you also make an application for your property to be returned? That should be the practical effect of the former but it might have been speeded up had you also applied for a direction that your car be delivered up by Lambeth (via the bailiffs).

I would be speaking to Lambeth first thing on Tuesday. Nothing, unfortunately is going to happened today or over the weekend.

Coupon-mad

Yep, demand the car back first thing Tuesday.

Then if it has reverted back to PCN stage you will need to appeal the PCN and win (which would IMHO make a compensation case stronger). So for help, post on pepipoo here:

http://forums.pepipoo.com/index.php?showforum=30

Show the posters there, pics of all the documents, all small print on the back, everything, and a pic of the signs & lines where you parked or a Google StreetView link to the place if signage unchanged.

Once you have got your car back and are dealing with the PCN appeal, you could start the complaint ball rolling with a separate, strong complaint letter to the Head of the Council. Outline what difficulties and loss/expense the lack of a vehicle cost you in those months, and say you fully intend to go to the Ombudsman if the Council do not settle the matter.

Then after you have exhausted the Council's complaints procedure, write to the LA Ombudsman (the Council must give you the address in a leaflet when handling a complaint) with copies of all correspondence and a summary of what this has cost you as well as a description of how this inconvenienced you.

Along the way, DO NOT miss any appeal deadlines for the reinstated PCN. Is the car registered to the correct address, you don't want to miss any more letters.

Pepipoo posters will help you with all of this so keep your thread there updated every time you get a new letter or need help to word a response.

give_them_FA

And remember that councils are pretty useless. Especially London ones. Look out for them sending it all to the old address even though you have given them your new one!

robredz

Bear in mind that the car may already have been sold, as they will get rid asap, often within 7 days if not served with a timely notice, and hope someone doesn't go down the N244 route they expect you to just pay up.

I would be asking why the car hasn't been delivered up, and if they shilly shally calculate your losses , including the value of the car, and send it to them. make sure any appeal of the newly reinstated PCN is done pdq.

Trebor16

ppeterson1750 wrote: »

Then you could sue them for harrasement like FA did :rotfl:, BTW we never see any proof of this did we despite the bluff and bluster.
Were you just hoping it would all be forgotten about :cool:

Do keep up at the back old chap, GivethemFA has never claimed to have sued a local authority.

vax2002

The reason they never turned up is because they sign their own court orders and would be shtting it that you would ask them to explain just who had signed the order.
They will not have this challenged, local councils are breaking the law daily, committing fraud daily with false documents and false orders that have never been anywhere near a court.
That is why they did not show up.

Jaylee15

Many thanks for all the replies received.

ROBREDZ- many thanks, I hope they havnt sold it as I appealed within the time frames required and have contacted task enforcement on Monday with regards to the outcome of the case ( they still won't do anything until they get 'confirmation' from Lambeth), last called them yesterday

COUPONMAD-many thanks for the info, I am not sure I want to actually appeal the original ticket for the parking, the ticket wasn't put on the vehicle it was apparently caught on camera, hence the reason for sending it to my address, but it was my old address an I didn't realise ther was an outstanding tkt until the baliff took the vehicle away so that's why I started the whole appeal process . I was going to pay for the original ticket but then put in complaint against Lambeth, do you think this is okay to do( Lambeth put our new address on ALL the correspondence they sent to the DJ!, even though all the original ticket, follow up letters went to my old address!!) so many descepancies with Lambeth , too many to list !!

HO87- I didn't know about applying for the return of the vehicle form?
I just assumed, rightly or wrongly, that if you attend the court and the court is in your favour, the vehicle is released immediately?
I'm a bit worried about this form, will i still have to complete this?

VAX2002- many thanks for that, that certainly makes sense, there was so many wrong doings with Lambeth, I wasn't surprised they didn't turn up!!

I intend to call first thing on Tuesday, am I in a position to demand the return of my vehicle, I just want to know, the DJ said she would let Lambeth know straight away the outcome but they also confirm by letter/email I presume . She also advised me to call straight away to inform them if her decision, which I did and I thought this would release my vehicle , court case was Monday 2nd APril, I realise now with the Easter hols it has slowed things down but having had the case Monday I thought I would hav my car by now .

Coupon-mad

Of course you are in a position to get your car back! Make sure you complain to the Council and if need be, the Ombudsman, even if you don't decide to appeal the PCN.

I gave you the pepipoo link because in fact, most people who appeal a Council PCN with pepipoo's help, win. Including appeals against PCNs issued by cameras.

hallowitch

http://www.bailiffadviceonline.co.uk/


Give these people a call I know it’s a premium rate phonenumber but you won’t get better help and advice

I am not connected with the site

You could also post on http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?168-Bailiffs-and-High-Court-Enforcement-Officers

They know there stuff over there

HO87

Jaylee15 wrote: »

HO87- I didn't know about applying for the return of the vehicle form?
I just assumed, rightly or wrongly, that if you attend the court and the court is in your favour, the vehicle is released immediately?
I'm a bit worried about this form, will i still have to complete this?

Don't worry about this too much. There is no additional form to be completed it is just that the general approach when dealing with the courts is to be specific as to what you want to happen. I've no doubt that you wanted the matter reverted but you did actually want the car back too. Having obtained an order you could also have asked that the car be immediately released to you. The fact that you did not do so is not terribly important as the inevitable effect of the order you obtained is that there is no longer any lawful reason for it to be retained.

As has been suggested speak to bailiffadviceonline asap - preferably on Tuesday. This will cost you £10, from memory, but Sheila is the expert and can advise you how to deal with this from here on in.