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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I have been in dispute with a local council over a parking

Customer Question

I have been in dispute with a local council over a parking ticket. I had a customer whom we were fitting a carpet for. We parked near his house and went to collect the Visitors Permit. By the time we got back, less than 5 minutes, we had a parking ticket.
I sent a copy of this to the council, on behalf of my son. He was then asked to provide proof that he had been fitting a carpet, why? He had a valid Visitors permit and the Council Website gave no conditions as to who can or cannot use a Visitors Permit.There has been no Court case, where I had intended to argue the case and the Council has passed the "debt " to the Bailiffs, can they do this? If so what further recourse do we have?
Alan Claxton
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts :

Hello Alan my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know whether you lodged a formal appeal?

JACUSTOMER-4gtey67z- :

No, I called the Council who said I had to contact the Bailiffs

Alex Watts :

When you got the penalty notice through, you would have received a notice to owner after

Alex Watts :

Did you get that?

JACUSTOMER-4gtey67z- :

As far as I am aware all we received was the PCN

Alex Watts :

Did that give you the option to appeal?

JACUSTOMER-4gtey67z- :

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.

Alex Watts : Did you write and make initial representations after getting the ticket ?
JACUSTOMER-4gtey67z- :

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?

JACUSTOMER-4gtey67z- :

Why couldn't they just ask the person who paid for it?

Alex Watts : Did they reject the representations ?
JACUSTOMER-4gtey67z- :

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.

Alex Watts :

You didnt get the notice to owner afterwards?

JACUSTOMER-4gtey67z- :

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?

Alex Watts :

Did they say why they didn't cancel the PCN?

Alex Watts :

At the TIME of the offence was there a valid permit in force?

JACUSTOMER-4gtey67z- :

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.

Alex Watts :

Ok - you should have gotten a notice to owner at which point you can lodge a formal appeal

Alex Watts :

It would then go to an Adjudicator.

Alex Watts :

If you did not get this then it may be possible to make a statutory delcaration

Alex Watts :

That is where you swear before the Court that you did not know of proceedings

Alex Watts :

The only sticking point is that you had the ticket.

Alex Watts :

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

Alex Watts :

The original ticket still stands and the only way of getting it overturned is a formal appeal

Alex Watts :

But make a statutory declaration but you need to hurry as time is limited

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-4gtey67z- :

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.?

Alex Watts :

The Court as I have suggested above.

Alex Watts :

They can't instruct bailiffs without a Court order for a PCN

Alex Watts :

They MUST have a Court order

JACUSTOMER-4gtey67z- :

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

Alex Watts :

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.

Alex Watts :

So there must be a Court case of some sort.

Alex Watts :

However if not you should write to the Chief Officer of the Council and lodge a formal complaint.

Alex Watts :

You should do this now

Alex Watts :

They will investigate the complaint and report back to you

Alex Watts :

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

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-4gtey67z- :

Oops typo, I meant to type I will "not" be so rude. It is late may I get back to tou tomorrow?

Alex Watts :

Sure.

Alex Watts :

I may not be online when you respond but you will get a message when I do

JACUSTOMER-4gtey67z- :

Many thanks nite nite

Alex Watts :

Night!

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


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