Hello Alan my name is ***** ***** I will help you with this.
For now please let me know whether you lodged a formal appeal?
No, I called the Council who said I had to contact the Bailiffs
When you got the penalty notice through, you would have received a notice to owner after
Did you get that?
As far as I am aware all we received was the PCN
Did that give you the option to appeal?
Not that I am aware of, my son was suffering from stress at the time and was subsequently signed off ill by his GP, he may have overlooked some correspondence but he told me that all he received subsequently was a repeated demand for payment.
Yes I told them and sent them a copy of the visitors permit, that is when we were asked to prove we had been fitting a carpet. Why was that necessary, as I have said I can see no restrictions on the Council website as to why a person is visiting?
Why couldn't they just ask the person who paid for it?
I explained why the permit was not on the vehicle for the first 5 minutes, I supplied a copy of the permit, their response was as I have described, to provide proof we were carpet fitters. Why, we were legally parked with a visitors permit, why we were visiting is irrelevant.
You didnt get the notice to owner afterwards?
Not that I am aware of but why does that matter. WE had a valid permit, this was not disputed, why was PCN not cancelled at once?
Did they say why they didn't cancel the PCN?
At the TIME of the offence was there a valid permit in force?
YES, I've told you, the resident had bought a visitors permit pruor to the day of arrival. Wouldn't display it as it had to be collected from the premises.
Ok - you should have gotten a notice to owner at which point you can lodge a formal appeal
It would then go to an Adjudicator.
If you did not get this then it may be possible to make a statutory delcaration
That is where you swear before the Court that you did not know of proceedings
The only sticking point is that you had the ticket.
But if the Court accepts you did not know of proceedings generally then the whole case will be set aside and you can formally lodge an appeal then
The original ticket still stands and the only way of getting it overturned is a formal appeal
But make a statutory declaration but you need to hurry as time is limited
Can I clarify anything for you about this today please?
How and to whom should I make a statutory declaration. Especially as the Council said there was no court case, they just instructed the Bailiffs directly.?
The Court as I have suggested above.
They can't instruct bailiffs without a Court order for a PCN
They MUST have a Court order
I will be so rude to ask if you are sure but I'm certain I saw something to that effect on Citizens Advice Bureau
The way it works is this - you get a PCN, if you don't respond they apply to the Traffic Centre Court to get a bailiff order.
So there must be a Court case of some sort.
However if not you should write to the Chief Officer of the Council and lodge a formal complaint.
You should do this now
They will investigate the complaint and report back to you
If you are still not happy then you can complain to the Local Government Ombudsman. They are free, independent and can investigate this whole matter for you. Their website is: www.lgo.org.uk
Oops typo, I meant to type I will "not" be so rude. It is late may I get back to tou tomorrow?
I may not be online when you respond but you will get a message when I do
Many thanks nite nite
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