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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69368
Experience:  Over 5 years in practice
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I got a ticket from Westminister council last September. Unfortunately,

Customer Question

I got a ticket from Westminister council last September. Unfortunately, the road I was parked on was extremely confusing. One side was Chelsea and Kensington and the other westminister.

I parked on the westminister side, but paid on the Chelsea machine as the machine on my side wasn't working. I didn't even realise that 2 different borough councils were operating on the same road. I then got a ticket from westminister. Another warden went passed me and even commented ' I can't believe you got a ticket for that'

I planned to appeal. Unfortunately I travel a lot and was away mostly for the next couple of months and therefore was late with the appeal etc.
I eventually called someone at the council in December who advised me to wait until another letter would come and I could appeal then.
Unfortunately, the next letter that came would only allow me to appeal the fact that I was late with my appeal. I subsequently rang Westminister to ask for advice and spoke to an incredibly unhelpful person who basically didn't want to advice me on how to complete the form. I had to tick a box, but it wasn't clear which box fitted my situation. They wouldn't help.
After a couple of other letters where they said it had to go via HM courts and tribunals I receive another letter explaining that my request has been refused without any explanation.
Therefore I have never had the opportunity to actually appeal the decision in the first place which was disgraceful.

I have photographic evidence that proves that I did purchase a ticket from a machine and the only thing I was guilty of was not realising that one road is governed by two different councils - if this isn't considered confusing, then well what is

I do not want to go to court and the only thing they are now telling me is this 'to fill out a application notice form N244 and this should be filled out within 14 days of the date of service of the court officer's order. For a review by the district judge at the hearing I should pay £155 and without £50

What can I do? What are my rights. It just seems ludicrous that they are still pursuing this without giving me the chance to show them what a stupid and unfair ticket it was in the first place. Yes I was late, but I am abroad often
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

Hi. Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

 

What would you like to know about this please?

Customer: replied 2 years ago.
Hi Jo

I would like to know what rights I have and what I can do show the council that the ticket I got was ridiculous. Because I was abroad and often am, it seems i have foregone the right to appeal unless it goes to court.

Is there anything else I can do. As mentioned in my initial statement I find the whole procedure very unfair and the council has not acted in a respectful manner

I look forward to hearing from you

Many thanks

Mathew
Expert:  Jo C. replied 2 years ago.
Thanks.

Sorry if I'm missing the point but you seem to accept that you didn't appeal?

What were you hoping to do in those circumstances?
Customer: replied 2 years ago.
I was abroad during the time that I was suppose to appeal. When I rang the council in December the person I spoke to said that I would be able to Appel again. However, the next letter only allowed me to appeal the fact that I can no longer appeal. This was refused without any explanation.

I would like to know if there are any other avenues left to me as I don't seem to be able to speak to anyone at the council.

If I could I am confident that this ticket would be refused. I have photographic evidence to support this. Please read my initial statement.

Many Thanks

Mathew


Expert:  Jo C. replied 2 years ago.
In short, Im afraid its bad news.

There is a specific appeals procedure. The fact that you were abroad is no defence. There is clear case law to the effect that a person abroad should keep tabs upon their post in the UK.

This cannot be dealt with by speaking to anybody at the council. You have to use the appeal procedure.

The ticket may well be refused but you have to appeal in the provided way. You cannot just call the council to resolve it.

This would seem to have reached adudication and been decided against you. If so that is bad news particularly here because you cannot deny receiving the documents. If its just that you didn't deal with the items because you were away then that is not a defence I'm afraid.

Im very sorry but I have to give you realistic information.

Can I clarify anything for you?

Jo
Customer: replied 2 years ago.
Ok thanks Jo

So I have to wait for the court order. Do you think I am likely to win if this does go all the way?
Expert:  Jo C. replied 2 years ago.
Well, if you are saying this has gone to adjudication then it has gone all the way. There are no appeals beyond that?

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