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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 13756
Experience:  Solicitor
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I have grievance with Newham Council. They have issued me

Customer Question

I have grievance with Newham Council. They have issued me with three CCTV parking fines. I was abroad. When I wanted to pay, they refused to take payments and increased it by 3 times and sent it to court Northamton tribunal. I had to submit the TE9, PE2, PE3 forms. The court held on to my case for 8 months and than returned it to Newham Council whilst whole time I was told by both parties PCNs are on hold and I been in constant communication with Newham Council.
JA: Do you need to appear in court?
Customer: no
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Newham council clamped my car and than had to remove due to procedural errors. Both the Council and the Court made so much procedural errors. Now Newham Council passed my fines to the Bailiff's and increased the fine to £800 and not taking any responsibility for their mistakes and nor is the Tribunal court. I am scared the bailiff's will take my car away. I am suffering from a long term chronic sickness. The stress is making my condition worse. Both Newham and Tribunal gave me any hearing to say "How can I pay for fines whilst I was a broad for 2 months"? I want to instruct sheriffs to serve papers on Newham Council and collet payments for me
Submitted: 7 days ago.
Category: Law
Customer: replied 7 days ago.
Dear Ms Ali,Your complaint responseYour ref: ENQ3106412Thank you for contacting me in respect of your concern and to raise a complaint against the Council’s Parking Team for improper procedural impropriety regarding Penalty Charge Notice PCNS: PN17753045/ PN17525266/ PN17710166.You maintain that you travelled to Bangladesh on 8th April 2018 and returned in May 2018 in order to take your disabled mother to visit a sick relative. However, upon your return to the UK, you got ill and very sick for almost next 6-7 months. It was at that point that you noticed you had received two PCN’s through post after a few weeks and immediately telephoned the Council and to explain your circumstances of your trip, subsequent illness, and asking about the PCN’s. The Customer service officer (Teresa) advised you that you had three PCN’s of exactly the same contraventions and at the same location and all three has gone up to £195.00. Thereafter, in your complaint you have raised the following concerns:· You had to wait for Order for Recovery, then make a witness statement was informed this could take up to 8 weeks.· You claim that you have been chasing every month or every other month but Newham Council and the Court have taken almost 1 year to send you out relevant paperwork.· When paperwork was sent, there were long delays causing you to miss the deadline or been asked to complete the wrong form.· You claim that there have been a lot of procedural errors made Council and as a result of procedural errors and consequence, your car was clamped by Newham Council Bailiffs on 4/2/19.· It has been approximately 1 year and you have not been offered no opportunity to represent your case as advised by Newham officers back in May 2018 and the court administrators.· Now the court computer system has made decisions to decline your witness statement without ever hearing your 2 cases and expects you to pay extortionate fees and fines.· Following your complaint to the Bailiff company with your evidence provided, the Bailiff company removed the clamp.· You claim that there have been a number of impropriety errors by court.· You claim that there procedure impropriety errors by one source enforcement.FINAL CONCLUSION· When I travelled to Bangladesh, I was not aware I would be receiving driving penalties or any other fines etc. which is my mitigating circumstance not been taken into consideration.· You could not possibly respond from Bangladesh if I was not aware I had received penalties back in London.· You did not receive notice to owners or documents sent late or not sent at all. Nevertheless, by the time I returned from Bangladesh, I had missed all the Council deadlines and had to wait for the process to take place.When you found out, each PCNs gone up to £195, you were not prepared to pay that amount or without evidence of contravention.· You was and am still very sick from some sort of virus picked up abroad, nevertheless I been in constant communication with the court and the Council to stay on top of things.· However, despite all the hours and effort you spent in communication, there are too many procedural improprieties from all parties· You could not view the camera images to see who was driving your car.You want all three PCN’s to be cancelled without further delays and any costs and loss incurred to you to be reimbursed and compensated for.InvestigationIn rely to the concerns raised here, I do note that your complaint in its entirety was some 11 pages long and as such, I have outlined what I consider to be the relevant points but respect that I may well not have covered all these. However, my intension are to answer your complaint as a whole and outline the Council’s position here in relation to the 3 PCN’s and also the capture the actions taken by our in house bailiffs, OneSource Enforcement Services and respond to the issues you have raised.Firstly in respect of the 3 PCN’s issued to you; up until the time that these were assigned to the bailiffs, I am sorry to inform you that I can find no fault with any of the statutory procedures here. I have outlined a brief summary of events below:PN17753045This PCN was issued on 07/04/2018 and posted out to you as the appellant on 16/04/2018. No representation or payment has been made, therefore, the Charge Certificate was served on 29/05/10. The PCN was registered as a debt and the Order for Recovery was served on 31/10/2018. Although, this time frame is longer than usual, it should be highlighted that there is no legal time frame in which to register the PCN as a debt and serve this notice after the issue of the Charge Certificate. The Order for Recovery is automatically placed in a queue, and only so many debts can be registered per month, depending on how many debts are being regis
Customer: replied 7 days ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 7 days ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 7 days ago.
Hello, I copied the email communication of response from the council and my responses. Apologies the format from gmail does not appear to fit on word document. I hope the information helps to understand my case, Please call me as this would be better for me. Thank you. Halima
Expert:  Jamie-Law replied 7 days ago.

Hello my name is ***** ***** I will help you. I am just reviewing your question. This is an email service so there may be delays when responding.

Expert:  Jamie-Law replied 7 days ago.

Did you apply to set to Court them aside?

Customer: replied 7 days ago.
Hello Jamie, Thank you. There is no service to apply to court to set them aside as this is not the court apparently but a Northampton processing court processing centre and after the tribunal made their decision, apparently I do not have any legal rights although they never offered me the opportunity to represent my case after holding on to it for 8 months.
Expert:  Jamie-Law replied 7 days ago.

This is dealt with by the Traffic Enforcement Centre.

Did you apply to set aside or file a stat dec?

Expert:  Jamie-Law replied 7 days ago.

Its PE2 and PE3. Did you do that? What did the Court do with the application?

Customer: replied 7 days ago.
Basically in a nutshell 2017, I went to Bangladesh. When I came back, I found three CCTV parking fines and all over the 14 days payment period. When I called Newham Council, they said I had to pay £180 each fine and could no longer pay £65. I had to follow the appeal process and the PCN's been sent to court. Yes, I have completed all the correct forms but the admin people sent me the wrong form and other times advised me incorrectly therefore I had to complete out of time forms which is PE2 and PE3 forms I believe.
Customer: replied 7 days ago.
The court did not do anything with the applications. They held on to them for 8 months saying they have a huge backlog.
Customer: replied 7 days ago.
I continuously, kept chasing Newham Council and the court but given the same answer....."they have a backlog"
Customer: replied 7 days ago.
Although the three PCN's were issued the same time, my representation was the same for al three PCNs that I was abroad. But the response from court was "revoked" and the court never gave me any opportunity for hearing and now saying I have to deal with the Council and the Council can recover the money via their enforcement officers. The council clamped my car, but after I complained that there are procedural errors from the council as they have agreed to put the PCNs on hold, they removed the clamp. Basically, even when the court revoked the fines, Newham Council refused to give me an opportunity to either pay at lower price which is what the court said they should have done but instead they are pursuing me for three times the amount for each fine i.e. £280 per PCN plus bailiff charges......I just can not get through to anyone in the Council. Even the manager at the OneSource Enforcement thinks what has happened is wrong
Expert:  Jamie-Law replied 7 days ago.

Yes you have said that. Did you submit PE2 and PE3?

Customer: replied 7 days ago.
Customer: replied 7 days ago.
hello Jamie,
are you still there?
Expert:  Jamie-Law replied 7 days ago.

Did the Court deal with those?

Customer: replied 7 days ago.
no
As I said, they did not even look at my reasons for not paying and just reffered it back to the Council
Customer: replied 7 days ago.
Do you understand my case Jamie?
Expert:  Jamie-Law replied 7 days ago.

Yes. Did you ever appeal the ticket?
Or had it gone to Court beforehand?

Customer: replied 7 days ago.
OK. I am bit confused? I really do not know what else to say here? everyone is aware of the process in terms of how the ticket appeal process works. I explained in detail what happened but you are asking the same questions. I really do not what else I can say. I told you that I was abroad, i came to UK, found the tickets, the discount period expired, Newham council sent to court, court kept it for*****than sent it back to newham, Newham now chasing debt through enforcement. In between mistakes happened. I also attached my complaint in full and response from the Council. But you are still asking the same thing over and over again. Please let m know if you are able to assist and how I can get these tickets cancelled and claim compensation for my stress and time.
Expert:  Jamie-Law replied 7 days ago.

I will tell you how to seek compensation, but I dont think you can claim more than £25,000 or so.

You need to write and set out your losses and request compensation within 30 days of the letter of claim, or say you will go to Court within 30 days. You should make sure you send this signed delivery and keep a copy.

If they do not compensation 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 https://www.gov.uk/government/publications/form-n1-claim-form-cpr-part-7

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?

If not I would appreciate a 5 star rating for my answer, the button should be at the top of the screen. If you need more help, you can ask follow up questions for free and I would be delighted to assist. Thanks!

Customer: replied 5 days ago.
My apologies for the delay in response due to ill health.
I am a bit confused how I can take them to court over parking fines and claim compensation when Newham council are chasing me for payments. On what grounds am I taking Newham Council to court and claiming compensation ?
Customer: replied 5 days ago.
Sorry Jamie, the advice is not clear as I never heard you can make a claim for parking tickets and compensation whilst the claimant is pursuing me for the parking fines
Expert:  Jamie-Law replied 5 days ago.

You pay the fines, to stop the matter going further.

Then you sue them for negligence and incompetence.

Does that clarify?

Customer: replied 5 days ago.
Can I do that? I was told that once I pay, I have accepted liability and I can not appeal and sue them
Customer: replied 5 days ago.
Will you help and guide me how to do this step by step please if you do not mind?
Expert:  Jamie-Law replied 5 days ago.

No. You can pay without admission of liability.

You just pay the fines then issue proceedings as I have outlined on 9/10 at 03:40

Does that clarify?

Customer: replied 5 days ago.
thanks
Expert:  Jamie-Law replied 5 days ago.

Can I assist with anything else today?

Customer: replied 5 days ago.
Yes, only thing is I do not have over £800 the Enforcement is insisting, I can not pay altogether because they have added so many charges? What are my options?
Expert:  Jamie-Law replied 5 days ago.

Then the Court must set it aside. You need to resubmit and insist that it is dealt with by a Judge

Does that clarify?

Customer: replied 5 days ago.
Also, how much is to file my case at County Court? at Money claim and to file N1 form ? Will my case be accepted at court or will I loose more money and be out of pocket ?
Expert:  Jamie-Law replied 5 days ago.

Depends how much you are seeking to claim.

If you lose, then you lose the Court fees paid

Does that assist?

Customer: replied 5 days ago.
to set aside, what form do I complete and how much does it cost and what do I say in the form?
Expert:  Jamie-Law replied 5 days ago.

You need to complete Pe2 and Pe3

The court WILL deal with it.

Does that assist?

Customer: replied 5 days ago.
That is the point I am making. I need to know if my case is valid and do I have a case. I need a solicitor to look at my case history and tell me yes you do have a case and yes you should pay, than ask judge to set it aside. I HAVE ALREADY SUBMITTED PE2, PE3 and now the tribunal will not accept it. This is what the court said when I called them......so really confused with what they said and the advice you are giving Jamie
Expert:  Jamie-Law replied 5 days ago.

But they MUST have provided an order in return.

THAT order can be appealed.

 

Customer: replied 5 days ago.
This is what I was saying Jamie, they have revoked and some of the communications I have not even received. I only know this from calling the processing centre and the Council
Expert:  Jamie-Law replied 5 days ago.

You need to re-apply using recorded delivery

Expert:  Jamie-Law replied 2 day ago.

If this answers your question could I invite you to rate me 3, 4 or 5 stars before you leave today?

I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget as it is an important part of the online process! If you need anything further I am available for a follow up at no extra cost. Thank you.