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Jo C.
Jo C., Barrister
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Experience:  Over 5 years in practice
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My daughter received a penalty charge for parking. She appealed

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My daughter received a penalty charge for parking. She appealed against it. At the time when she appealed she was living in London N15 area. She did not hear any thing about her appeal. She soon moved out of the area to a new address. At the new address baliffs knocked on her door demanding £1115. My daughter explained that she had appealed and had not heard anything from the Redbridhe council. My daughter was given some time by the baliffs. She went to the CAB for advice,who told her to write to the council. The matter went to the Parking and Traffic Appeals Service. The Adjudicator Wrote back stating" I noted the Witness Statement and also the local authority's papers and Mrs. green's recent letter. Although she has ticked the wrong ground on the witness statement I am not persuaded here that the Notice To Owner was safely received by the Deponent of the the Witness Statement. I therefore DIRECT that the notice to the owner be re-served upon her. Mrs. Green will thereafter be able to make her submission about this penalty Charge Notice in the usual way. Therefore if the local authority wishes to further enforce the penalty it will send Mrs. Green the Notice to Owner and if she wishes to dispute the penalty she should follow the instructions on the Notice.
Three days after this letter my daughter received a notice asking her to pay the full amount of £1115.
Please advise. If the local authority is still demanding £1115 what was the point of Adjudicator's instructions to reissue the notice.
Thank you
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this please?
Customer: replied 2 years ago.
The original penalty charge was £65 and not £1115. My daughter appealed against this, why is the council asking her to pay£1115. If the adjudicator asked the council to serve the notice again should it not be for £65.
Expert:  Jo C. replied 2 years ago.
Well, there could be lots of explanations.
It might be a mistake.
They may have got the decision over turned on appeal although they do tend not to do that generally.
They may not have had sight of the court order yet.
It might have been that they did serve the notice to owner again and had no response. It would depend when the direction of the court was and whether they have had time to do that.
Obviously I will not know what the specific reason is in this particular case. Only the Council can tell you that.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.
Thank you. The Adjudicator's letter was dated 14 Nov. 2014 and was received by us on the 16th November.
The council's demand for £1115 followed two days after receiving the adjudicator's letter that is on 18th November 2014. Which makes us believe that the council must have or may have received a copy of the adjudicator's instructions.
Please advise who should we talk to or what to do next.
Expert:  Jo C. replied 2 years ago.
That is probably that they haven't had sight of the statutory declaration.
You don't actually have to do anything. You can wait to see if they remember to issue again.
Alternatively you can phone them but it is only really worth doing that if you intent to pay at the lesser amount.
Customer: replied 2 years ago.
Thank you again. However the council have sent the demand for the £1115 and I am wandering if they have misinterpreted the adjudicator's instructions and have thought that the adjudicator is instructing them to re issue the demand for £1115 at the new address. Are we able to contact the adjudicator's office to clarify as to whether he is instructing the council to re issue the original penalty charge notice for £65 or the amount the council is now demanding £1115. What if the Bailiffs turn up on the door asking for £1115
Expert:  Jo C. replied 2 years ago.
Well, that is possible but it isn't very likely.
If the judgment is in the wording you describe then there is no real doubt over what was meant. The order has been set aside and they have to reissue.
If the bailiffs turn up just tell them that is your position, don't let them in to seize property and keep your car many streets away or in a locked garage.
You do have a claim against the bailiffs if they do seize.
Customer: replied 2 years ago.
Thank you. I copied out word to word from the adjudicator,s letter. Thanks for the advise for parking the car away. The car is a Motability lease car for my disabled grandson.
Is it possible to keep a record of our correspondence for my reference.
Expert:  Jo C. replied 2 years ago.
They shouldn't seize that then but bailiffs have been known to do things they should not.
I would still move it.
I think you are emailed a copy of this answer.
Customer: replied 2 years ago.
Thank you for your help. Your advise has been very helpful.
My rating is--------- VERY GOOD ADVISE.
Expert:  Jo C. replied 2 years ago.
No problem and all the best.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’.
Jo C., Barrister
Category: Law
Satisfied Customers: 69783
Experience: Over 5 years in practice
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