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Another parking ticket!
rambo
post Wed, 9 Aug 2006 - 19:40
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Here goe's.
Had a visit from the bailiffs about an unpaid bus lane ticket, I knew nothing about this ticket until the bailiffs visited. I visited the local council offices(london borough of tower hamlets) and said that I knew nothing about this ticket and if they could provide photographic evidence that I had commited the offence I would pay the original ticket cost. The council said that it was in the hands of the bailiffs and I would have to pay and appeal later.
I filed a late statutory declaration at northampton county court and they found in my favour.
The letter from northampton county court states;
The respondent filed a statutory declaration on 08-jun-2006.
It is ordered that the order for recovery of unpaid penalty charge be revoked.
It is further ordered that the charge certificate and the notice to owner/enforcement notice be cancelled.

Important note to respondent:
This order does NOT cancel the original penalty charge notice. The local authority may well take further action on it. The local authority should inform you as soon as possible if it intends to do so.

Guess what? I have recieved a "ENFORCEMENT NOTICE" through the post asking for £100 from the council!!.

The ENFORCEMENT NOTICE is dated 20/07/06 an states "within 28 days of the date of this notice you mustEITHER;-
MAKE PAYMENT IN FULL
OR REPRESENTATIONS
YOU MUST NOT IGNORE THIS NOTICE. If by 16/08/06 you have failed to pay or make representations to the council a charge certificate will be served in you increasing the total penalty by 50% to £150.
Failure to pay the increased amount may reult in a county court order against you and a warrant being issued to bailiffs.

This whole fiasco is really p*ssing me of now.
|Depite letters asking for proof that I commited the offence I have recieved nothing.
Because the enforement notice does not state, from date of service, is it valid?.
Your thoughts please.


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post Wed, 9 Aug 2006 - 19:40
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DW190
post Wed, 9 Aug 2006 - 20:00
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QUOTE
The ENFORCEMENT NOTICE is dated 20/07/06 an states "within 28 days of the date of this notice you mustEITHER;-
MAKE PAYMENT IN FULL
OR REPRESENTATIONS
YOU MUST NOT IGNORE THIS NOTICE. If by 16/08/06 you have failed to pay or make representations to the council a charge certificate will be served in you increasing the total penalty by 50% to £150.


Mmmm How many days have you got to pay?

I think you should study Lukha v Aylesbury before you make your representations. All documentation following a PCN should relate to the date of service of the notice. They have not allowed for posting.

What was the date of the alleged contravention.?


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rambo
post Wed, 9 Aug 2006 - 20:03
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Date of contravention=05/09/05


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Silver City Tim
post Wed, 9 Aug 2006 - 20:06
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Legally does the "date of this notice" mean the date printed on the notice or does it mean the date of notice which, I would guess, means the day you recieve it and would be the date of service? If it's the former. It must be wrong. Will they let you get an NPAS hearing at this stage?

If you quote the Freedom of Information act, could that persuade the council to sent the pics?
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DW190
post Wed, 9 Aug 2006 - 20:16
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QUOTE (rambo @ Wed, 9 Aug 2006 - 21:03) *
Date of contravention=05/09/05


Have a look on the NPAS website and in particular This Case

QUOTE (Silver City Tim @ Wed, 9 Aug 2006 - 21:06) *
Legally does the "date of this notice" mean the date printed on the notice or does it mean the date of notice which, I would guess, means the day you recieve it and would be the date of service? If it's the former. It must be wrong. Will they let you get an NPAS hearing at this stage?

If you quote the Freedom of Information act, could that persuade the council to sent the pics?


This has nothing to do with Freedom of Information. I think your mixing it with the Data Protection Act.

The photos if any will be produced before any adjudication hearing.

Can you scan and post this fancy "Enforcement Notice"

This post has been edited by DW190: Wed, 9 Aug 2006 - 20:20


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rambo
post Wed, 9 Aug 2006 - 21:04
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Don't have a scanner i'm afraid.
The council are saying that they sent letters to me last year, but I did not recieve them, however this is a council being investigated for fraud within thier parking department.
I would be more than happy to go to the adjudicator with this, the fact that the council will not provide photographic evidence should be enough to get this quashed.
I have looked at the lukka case an feel the enforcement notice is invalid as it does not state "from date of service".
The most annoying thing about this case is that if they send proof that I commited the offence I would pay the original ticket cost.


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DW190
post Wed, 9 Aug 2006 - 21:26
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QUOTE (rambo @ Wed, 9 Aug 2006 - 22:04) *
Don't have a scanner i'm afraid.
The council are saying that they sent letters to me last year, but I did not recieve them, however this is a council being investigated for fraud within thier parking department.
I would be more than happy to go to the adjudicator with this, the fact that the council will not provide photographic evidence should be enough to get this quashed.
I have looked at the lukka case an feel the enforcement notice is invalid as it does not state "from date of service".
The most annoying thing about this case is that if they send proof that I commited the offence I would pay the original ticket cost.


Rambo,

I cant find anywhere in the 1991 RTA such thing as an "Enforcement Notice"

The council can go back to the NTO stage following revokation by the court which the wording appears to support. But the Date of the Contravention was more than six months before this Notice was issued. (out of time) To call it an Enforcement Notice is in my opinion going beyond their authority.


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rambo
post Wed, 9 Aug 2006 - 21:51
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ENFORCEMENT NOTICE
London local authorities act 1996(as amended)section 4
road traffic act 1984(as amended)

Thats what it says at the top. I wished I had a scanner!.


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whitewing
post Wed, 9 Aug 2006 - 22:07
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QUOTE (rambo @ Wed, 9 Aug 2006 - 22:04) *
Don't have a scanner i'm afraid.
The council are saying that they sent letters to me last year, but I did not recieve them, however this is a council being investigated for fraud within thier parking department.
I would be more than happy to go to the adjudicator with this, the fact that the council will not provide photographic evidence should be enough to get this quashed.
I have looked at the lukka case an feel the enforcement notice is invalid as it does not state "from date of service".
The most annoying thing about this case is that if they send proof that I commited the offence I would pay the original ticket cost.

..but what about the paperwork from the court ? If bailiffs have turned up, surely the court must have been involved?
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Silver City Tim
post Wed, 9 Aug 2006 - 22:11
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London Local Authorities Act 1996


The Act

http://www.opsi.gov.uk/ACTS/locact96/Ukla_19960009_en_1.htm

The Schedules

http://www.opsi.gov.uk/ACTS/locact96/Ukla_..._en_7.htm#sdiv1

SCHEDULE 1
Sections 4 and 6.
(2) An enforcement notice must state...


that the penalty charge must be paid before the end of the period of 28 days beginning with the date on which the enforcement notice is served;

This post has been edited by Silver City Tim: Wed, 9 Aug 2006 - 22:15
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rambo
post Wed, 9 Aug 2006 - 22:18
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I have found this;
WWW.opsi.gov.uk/ACTS/locact96/Ukla_19960009_en_7.htm#sdiv1
section 2, line c,

"the penalty charge must be paid before the end of the period of 28 days begginging with the date on which the enforcement notice is served"

The above regulation applies to bus lane tickets.


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DW190
post Wed, 9 Aug 2006 - 22:32
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QUOTE (rambo @ Wed, 9 Aug 2006 - 23:18) *
I have found this;
WWW.opsi.gov.uk/ACTS/locact96/Ukla_19960009_en_7.htm#sdiv1
section 2, line c,

"the penalty charge must be paid before the end of the period of 28 days begginging with the date on which the enforcement notice is served"

The above regulation applies to bus lane tickets.


and your notice says:

QUOTE
The ENFORCEMENT NOTICE is dated 20/07/06 an states "within 28 days of the date ofthis notice you must EITHER;-


Good old Caroline Sheperd (Lukha v Aylsebury)

It looks like its Game Set & Match to Rambo.

This post has been edited by DW190: Wed, 9 Aug 2006 - 22:33


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rambo
post Wed, 9 Aug 2006 - 22:51
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I am going to write back and ask for a hearing with the adjudicator, I have a feeling i'm going to win this.
I will let you all know the outcome.
PS, I want to donate some money to this site but I dont have a paypal account, can I send a postal order?


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DW190
post Wed, 9 Aug 2006 - 22:55
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QUOTE (rambo @ Wed, 9 Aug 2006 - 23:51) *
PS, I want to donate some money to this site but I dont have a paypal account, can I send a postal order?


I'm sure if you PM fredd he will oblige.


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rambo
post Wed, 9 Aug 2006 - 23:11
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Whos fred?


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DW190
post Wed, 9 Aug 2006 - 23:21
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QUOTE (rambo @ Thu, 10 Aug 2006 - 00:11) *
Whos fred?


Admin



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rambo
post Wed, 9 Aug 2006 - 23:54
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Found fred, cheers.


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WTF
post Thu, 10 Aug 2006 - 18:37
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Its fredd not fred (who is someone different)


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fred2
post Thu, 10 Aug 2006 - 19:03
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QUOTE (WTF @ Thu, 10 Aug 2006 - 19:37) *
Its fredd not fred (who is someone different)
If he wants to send this fred some money that's fine by me smile.gif
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rambo
post Fri, 11 Aug 2006 - 03:32
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The NTO states that I have 28 days to pay from date of notice, which we all know is wrong.
But, on the back it says;
The enforcement notice will allow formal representations on the following grounds;
Recipient was not the owner
The contravention did not occur
Vehcile taken without owners consent.

If I send a letter to the council saying that the NTO is invalid because it does not state 28 days from date of service, can they then send me another NTO with the correct wording?.
I want to go to the adjudicator to get the ticket cancelled completely, but will the council want to know on what grounds in advance?.


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