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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69371
Experience:  Over 5 years in practice.
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My wife's car was parked about a year ago close to a multi-storey

Customer Question

My wife's car was parked about a year ago close to a multi-storey car park, but on land which had a notice saying "Spelthorne Borough Council – contract parking – Monday – Sunday – permit holders only. There were no notices in the vicinity regarding any charges. If one occupied one of these bays for a few minutes say and it would appear the bays are contracted out to various companies et cetera.
At the time. No ticket was picked off the car windscreen and I'm guessing that an angry contract parking permit holder had deliberately removed the ticket to cause trouble.
Unfortunately the local authority addressed letters concerning this to general offices at the address where the car was registered (being my offices) and were mail is delivered centrally to a hallway to be sorted out into the various companies addressees either individuals or businesses past or present and advertising, et cetera, and all the live companies and persons still working there, take their own post and assume anything else is redundant or sales and its binned.
I have various staff who collect and sort the mail each day for my particular office and enter it in our mail book by hand.
The wrong addressing comprises of the name which the mail was said to have been sent to "Mrs SD Beeck" instead of "Mrs S. Van der Beeck" but at the correct address, but since that address serves for anything up to 100 different names of people or companies over the years and there have been many changes in my staff collecting the mail for my office and others doing so for their offices and all utilising the same delivery address exactly it is clear that even if the mail was sent and was delivered. It was not recognised by whoever was dealing with the mail as belonging to me or my wife (who has not worked at the offices for some years)
The local authorities declared reason for getting the name wrong was that it was too long for their computer which arbitrarily chopped it up to make it fit (yes!)
I feel I should challenge the original issue of the ticket on the basis that there is no stated penalty visible anywhere around.
Bailiffs appeared without any prior notice a couple of weeks ago, which was the first we knew and so I paid the £120 to the local authority under protest explaining my reasons and simply in order to stop matters proceeding further.
Now it appears the local authority have not notified the bailiffs who attempted to collect again today. Just after I'd got out of a week in hospital.
I want to stop the agents attendance on the property again by getting Northampton County court to stop the warrant of control 151015 – how do I do that?
John Van Der Beeck
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Jo C. replied 1 year ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
So, in short, she received a parking fine?
Did you appeal at the time?
Customer: replied 1 year ago.
if you see my original query you will see that the notices issued by the local authority were addressed to the wrong person but at the correct address (as registered for the car) they gave the name on the letter they issued as Mrs SD Beeck not Mrs Shirley Van Der Beeck at an address where there could be anything up to 50 individual or company names being delivered such that everyone sorted out their own pile.
Apparently the local authority software on their machinery simply chops up any name that is longer than a certain number of letters, and which might be quite clever, but obviously leads to this kind of problem and interestingly when I asked them. They thought there was absolutely nothing wrong with that and kept insisting that the name was correctly made out! It was not, and it was not logged on our handwritten mail log system either.
when bailiffs first contacted us using the correct name. I responded, but they still sent people round to collect and I asked for the evidence for which they produced photographs of the original parking offence and the only notice on the wall where the offence was supposed to have been committed just said "Spelthorne Borough Council"(in small light-coloured writing at the top and underneath that it said "contract parking – Monday – Sunday – permit holders only"despite this, however, there was no sign of any fine, or charges that would be applied, so I'd understand that they could not apply a parking fine anyway?Currently, I have lodged an appeal that my wife has signed (she is the registered owner) and stating that the owner did not receive the penalty charge notice and that they penalty charge has been paid in full.also currently the enforcement agents are pursuing the collection fees which have not been paidare the authority entitled to make a charge when none is stated?are the agents entitled to charge me collection fees in this particular case?Thanksno
Expert:  Jo C. replied 1 year ago.
That isn't an issue to the wrong person. It is just a misspelling. It is perfectly clear I'm afraid.
Does that mean you didn't appeal?
Customer: replied 1 year ago.
A person writes to another person (out of the blue) at an office address where the defining person is the person or company named.The person's name is ***** ***** instead the letter is addressed to Mr Ham.Can Mr Feltham be held accountable for not fishing that letter of the pile of mail that is delivered each day collectively for all of the offices/people in the building?That is the question I'm asking.What is the answer to that?ThanksJohn
Expert:  Jo C. replied 1 year ago.
But that isn't what happened here.
The misspelling above is not going to be sufficient to escape the effect of this fine if indeed that is your only ground.
To puruse other grounds I will need to know whether you appealed?
On your primary point, the misspelling clearly identifies the person in question.
Customer: replied 1 year ago.
I did send you an answer pointing out that I had appealed on the basis that there was no notice as to any financial penalty anywhere nearby or visible and that is born out by the photos provided by the Authority I also appealed out of time because they had either not sent the notices (as evidenced by our mail log covering the relevant period) or they had wrongly named the owner, which firstly has to do with the amount and secondly has to do with the question of any collection costs subsequent to that.
Thanks
Customer: replied 1 year ago.
I think any authority that says that they knowingly have a system in place that is faulty and which can obviously result in the issue of incorrectly addressed documents is acting unreasonably and it therefore since the authority is under an obligation to act in a reasonable manner in all things it follows that the issue was knowingly sent out with the wrong name (Beeck is plainly not Van der Beeck with respect). The login book is evidence that no such mail was received. There is no penalty advertised.
What is your final opinion on these two issues ?
Expert:  Jo C. replied 1 year ago.
Yes, and that failed because it is not a ground.
I presume you received the rejection from the Adjudicator?

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