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Scarborough Council and Fallen Ticket Charge, Urgent help required on next steps
Banks123
post Tue, 18 Feb 2020 - 22:24
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Hi

I parked in Whitby last April and paid for my parking via contactless. I have a bank statement proving I paid for parking but the council are charging me for not displaying my ticket, they have not provided me with an image proving this. The timeline is below:

A Notice to Owner was sent to me on 26/06/2019 informing you that payment of the outstanding balance of £50.00 should be paid or representations made within 28 days. Representations were received by email on 21/08/2019 and a Notice of Rejection was issued on 22/08/2019. No payment was received.

The above is incorrect. I never received any Notice of Rejection after I had appealed against the decision of issuing me a Notice to Owner. In fact I did not hear from the Council at all,

The opportunity to make representations against the issue of the Penalty Charge Notice was lost and subsequently a Charge Certificate was issued on 24/09/2019 increasing the charge by 50% to £75.00. As no payment was received the debt was registered with the Court, incurring a further fee of £8.00, and an Order for Recovery was sent to you on 25/10/2019.

Again incorrect, I never lost the opportunity to make representations because I never received the Notice of Rejection and due to the councils failings also lost my opportunity to take it to an independent adjudicator. No order for Recovery was received again this is false.

I appealed against the Notice to Owner last June, I did not receive any confirmation from the council these representations had been rejected. I did not hear from the council until January this year when I questioned why I was being threatened with Bailiffs.


The charge has now risen to to 393 pounds and I have submitted an Out of Time application, which the council have have Opposed to the TEC, the TEC have yet to decide on the case.

Is there anything I can do, feels very unfair that I have not recieved key documents and with it a chance to appeal to an adjudicator, so for paying 7 pounds parking I now owe nearly 400 quid sad.gif
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post Tue, 18 Feb 2020 - 22:24
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Incandescent
post Tue, 18 Feb 2020 - 23:25
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And what was the address on your V5 for the vehicle at the time they would have written to you, and is it the same now ?

All statutory enforcement documents are sent to the address on the V5 for the vehicle. Failure to keep this up-to-date is the reason we see cases like yours in about 95% of cases.

This post has been edited by Incandescent: Tue, 18 Feb 2020 - 23:26
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Banks123
post Wed, 19 Feb 2020 - 08:53
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QUOTE (Incandescent @ Tue, 18 Feb 2020 - 23:25) *
And what was the address on your V5 for the vehicle at the time they would have written to you, and is it the same now ?

All statutory enforcement documents are sent to the address on the V5 for the vehicle. Failure to keep this up-to-date is the reason we see cases like yours in about 95% of cases.


Its been correct throughout, I simply didn't receive the documents.

I even have the email confirming I had appealed from the council, just no Notice of Rejections so in my opinion it should never have got to the Bailiff stage.

They've simply not sent me confirmation they rejected my appeal and fast forward to Jan 2020 saying I owe them 400 pounds via Bailifffs
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Incandescent
post Wed, 19 Feb 2020 - 10:08
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The only avenue to revert the process back to the PCN (or to the Notice to Owner), is the OOT submission.
You say your V5 is correct, but three statutory enforcement documents sent through the mail seem to have gone astray: -

- Notice to Owner (for parking PCNs)
- Charge Certificate
- Order for Recovery

Your task in the OOT is to explain why you think these documents were not received. You say your V5 is correct, but it stretches credulity that all three have gone astray. If your OOT is refused, you have the option to have the decision reviewed by a County Court judge. This costs £100 and is non-refundable. If it turns out the council made an error transcribing your address provided by DVLA, then you could claim it off the council.
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Banks123
post Wed, 19 Feb 2020 - 10:14
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QUOTE (Incandescent @ Wed, 19 Feb 2020 - 10:08) *
The only avenue to revert the process back to the PCN (or to the Notice to Owner), is the OOT submission.
You say your V5 is correct, but three statutory enforcement documents sent through the mail seem to have gone astray: -

- Notice to Owner (for parking PCNs)
- Charge Certificate
- Order for Recovery

Your task in the OOT is to explain why you think these documents were not received. You say your V5 is correct, but it stretches credulity that all three have gone astray. If your OOT is refused, you have the option to have the decision reviewed by a County Court judge. This costs £100 and is non-refundable. If it turns out the council made an error transcribing your address provided by DVLA, then you could claim it off the council.


Looks im going to have to pay up. I received the NTO but its the only official document I have other than the Bailiff documents.

I was advised by the very unhelpful council employ to submit a OOT already but ive submitted for the totally wrong reasons and its going to get rejected. Have i missed the boat or can I submit multiple OOT applications?

This is so infuriating, so basically everytime I park now I need to take a photo of my ticket just in case this happens. Its should be illegal Im literally paying for car park as I should then being penalized for a stupid minor offense.
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stamfordman
post Wed, 19 Feb 2020 - 11:10
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You didn't get the charge certificate? That's the vital one because it puts you on notice that they'll be following up with debt recovery. Then we always advise people to monitor the arrival of the order for recovery because that's even more vital...

I would ask council for copies of the rejection and charge certificate and OfR to see if indeed they are properly addressed. Are there problems with your post?

This post has been edited by stamfordman: Wed, 19 Feb 2020 - 11:22
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Banks123
post Wed, 19 Feb 2020 - 11:25
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QUOTE (stamfordman @ Wed, 19 Feb 2020 - 11:10) *
You didn't get the charge certificate? That's the vital one because it puts you on notice that they'll be following up with debt recovery. Then we always advise people to monitor the arrival of the order for recovery because that's even more vital...

I would ask council for copies of the rejection and charge certificate and OfR to see if indeed they are properly addressed. Are there problems with your post?


The council are refusing to respond to any further queries in regard to the PCN.
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cp8759
post Fri, 21 Feb 2020 - 09:54
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QUOTE (Banks123 @ Wed, 19 Feb 2020 - 11:25) *
The council are refusing to respond to any further queries in regard to the PCN.

Well it sounds like the case is with the County Court so that's hardly surprising!

If you want any real advice you'll have to post up all the paperwork, as per every other thread on here.


--------------------
If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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