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Ash
Ash, Solicitor
Category: Traffic Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have been taken to court by Hounslow council for not

Resolved Question:

I have been taken to court by Hounslow council for not paying PCN. I have a valid online payment receipt and the ticket was invalid..what should I do now
Submitted: 11 months ago.
Category: Traffic Law
Expert:  Ash replied 11 months ago.

Hello my name is ***** ***** I will help you.

Have you received a claim form?
Did you pay within the specified time?

Customer: replied 11 months ago.
Is this £44 above the £36?
Expert:  Ash replied 11 months ago.

Yes if you want me to call you - or we can keep it online.

Some people prefer a phone call.

Customer: replied 11 months ago.
Lets keep it online for now please!!
on the 9th of dec I was issued a ticket at 10.11 on clifden road in Brentford
I had paid using ringo service at 10.03-10.33.
I was away for 3 weeks starting then I got back on the 6th of jan from our Christmas holidays
I wrote to the council in march when I received a charge certificate.. they replied saying it was too late to make a representation
then a man knocked on the door to seize my car. It was embarrassing as my wife's aunties visiting us thought I was t
defaulting
Then I called TEC who advised me to make a late witness appeal saying I haven't received the Notice to owner
on the 14th of august I received a letter saying my appeal was rejected and the council can send enforcement officers
they want me to pay £255 if I wanted to appeal
I know it is immoral but I wanted legal advice before I take them to court..
Can I Sue the council for all the grief and the stress, sleepless nights and pain!!
Expert:  Ash replied 11 months ago.

On what basis was the appeal rejected if you had paid the fine?

Customer: replied 11 months ago.
I did not pay the fine because I had paid for parking in the first place.. They should not have issued a ticket in the first place
Expert:  Ash replied 11 months ago.

You need to write to the Council and set out your losses and request compensation within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

If they do not compensate you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-eng.pdf and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.

Can I clarify anything for you about this today please?

Customer: replied 11 months ago.
what should I do about the rejection letter from the trafiic enforcement centre dated 14th august. It says the council can get enforcement officers in if I don't appeal within 14 days(i.e 28th of august)
Customer: replied 11 months ago.
are you there ash?
Customer: replied 11 months ago.
where is the reply box
Customer: replied 11 months ago.
Its urgent and ASH is not responding!! until then I thought ash was very efficient
Expert:  Ash replied 11 months ago.

You have rated POOR SERVICE, which affects my standing on the site. I was just on the train on the way home.

Expert:  Ash replied 11 months ago.

When you issue proceedings you can apply to the Court to stay the enforcement proceedings.

Does that clarify?

Customer: replied 11 months ago.
I am sorry Ash.. you should have informed me.. I will change it
Expert:  Ash replied 11 months ago.

If this answers your question could I invite you to rate my answer before you go today, otherwise the site doesn’t pay me for the time spent with you. Thanks in advance and good luck.

Customer: replied 11 months ago.
but the last bit is still not clear.. Can I ignore the TEC deadline and start a claim against the council?
or ignore everything until now and write a letter to the council?
Customer: replied 11 months ago.
are you there??
Expert:  Ash replied 11 months ago.

Yes I was just considering my reply.

Customer: replied 11 months ago.
ok
Expert:  Ash replied 11 months ago.

The TEC deadline, when you start proceedings against the Council you are also asking the court for an order suspending enforcement of the TEC action
Does that clarify?

Customer: replied 11 months ago.
But you asked me to write to the council before I start proceedings against the council. Do you recommend I go to the small claims court and start proceedings or find a solicitor in the next 2 days to fight the case for me
Expert:  Ash replied 11 months ago.

I would issue now and get it so the Court makes an order.

Does that clarify?

Customer: replied 11 months ago.
it does clarify now..
Thanks Ash
Expert:  Ash replied 11 months ago.

If this answers your question could I invite you to rate my answer before you go today, otherwise the site doesn’t pay me for the time spent with you. Thanks in advance and good luck.

Ash and other Traffic Law Specialists are ready to help you

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