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Sheriff officers
Stivs
post Thu, 10 Jan 2019 - 20:33
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Hi guys. I was fighting against a penalty charge from the council and one thing led to another and I felt like they dealt with it incorrectly when sheriff officers started sending me letters. So I sent the council a complaint and I sent a copy of the complaint to the sheriff officers asking if they would wait until the complaint got dealt with and they replied and said that the council told them to put the charge on hold and not to take any enforcement action and the charge will be frozen until the 18th of January. The council haven’t got back to my complaint yet and the sheriff officers visited my house on the third of January, frightening my mum and dad while I was at work. My mum suffers from a lot of stress and anxiety and she was noticeably upset about the situation. It says on the charge for payment that it has now doubled because they came to my house. As I said they weren’t even permitted to come and it got frozen and I have evidence to attest to that. What would be the best way to go about this and is there any legislation or case law that can assist me?

Thank you very much:)

This post has been edited by Stivs: Thu, 10 Jan 2019 - 20:35
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post Thu, 10 Jan 2019 - 20:33
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John U.K.
post Thu, 10 Jan 2019 - 20:38
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QUOTE
"Sheriffs"

Would this be Scotland?


QUOTE
the council told them to put the charge on hold and not to take any enforcement action and the charge will be frozen until the 18th of January.


Have you this info in writing from the Council?
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cp8759
post Thu, 10 Jan 2019 - 21:31
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You need to show us all the correspondence, from the PCN up to the latest letter and everything in between. Otherwise we won't be able to figure out if the council have acted incorrectly. Only redact you personal details (name, address, number plate), leave everything else, especially the dates, visible. Upload to a site like imgur.com and post a link.


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I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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Mad Mick V
post Thu, 10 Jan 2019 - 22:10
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My advice on this one would be to pay whatever the accumulated penalties were before the Sheriff's men came to visit.

IIRC there is no mechanism like the English TEC to roll back the case and start afresh. Therefore looking at correspondence and procedures will do no good-----the case is irretrievable----well past the point of meaningful defence by the OP.

The only thing to fight is the imposition of any further fees which arise from the visit since there was a hold instigated by the Council.

Mick
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cp8759
post Thu, 10 Jan 2019 - 22:35
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We have no idea if this is Scotland, there's plenty of English enforcement companies that have the word Sheriff in their name, such as https://thesheriffsoffice.com/

Hence we need to see the paperwork.


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I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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Mad Mick V
post Thu, 10 Jan 2019 - 22:50
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Forgive me---it's probably Nottingham! cool.gif

Mick

This post has been edited by Mad Mick V: Thu, 10 Jan 2019 - 22:50
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Stivs
post Fri, 11 Jan 2019 - 02:10
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Sorry, yeah this is Scotland. They failed to send a notice of rejection. They were told this many times and they just ignored it as if I didn’t write it. But the pcn isn’t what I need help with anyway, it’s more the aftermath. They acted in the way that they shouldn’t have. Just wondering if there’s any case law that can assist me with enforcement without authority of the claimant.
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Stivs
post Fri, 11 Jan 2019 - 03:02
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@john I’ve got it in writing from the sheriff officers saying they told them to put it on hold.
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hcandersen
post Fri, 11 Jan 2019 - 07:34
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they replied and said that the council told them to put the charge on hold and not to take any enforcement action and the charge will be frozen until the 18th of January

You wrote to the council, copy to the sheriffs, so where's the council's response?

In any event, if you have a letter from the sheriffs in which they undertake to stay enforcement until 18th and they have continued then get back to them and ask why and what's going on, don't dance around the issue, tackle it head on.

And post their letter.

Ultimately you'll probably have to pay because Scotland does not observe the niceties of the TMA, but try and buy some time and get back to the sheriffs.
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Stivs
post Fri, 11 Jan 2019 - 11:18
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The council still haven’t got back to my complaint but at least I’ve got confirmation that they received it so they can’t deny it. Surely if they have failed to send a NOR they have denied my right to offer me an opportunity to use an independent adjudicator. Wouldn’t they be in the wrong if they were to continue to pursue the charge if they made the mistake ?
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peterguk
post Fri, 11 Jan 2019 - 11:44
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QUOTE (Stivs @ Fri, 11 Jan 2019 - 02:10) *
They failed to send a notice of rejection.

Did they fail to send, or did they send and you failed to receive?


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hcandersen
post Fri, 11 Jan 2019 - 12:23
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Exactly.

OP, get off this did not send line please and post what has been requested.
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cp8759
post Sat, 12 Jan 2019 - 08:28
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QUOTE (Stivs @ Fri, 11 Jan 2019 - 03:02) *
@john I’ve got it in writing from the sheriff officers saying they told them to put it on hold.

Show us this correspondence, just redact your name and address, upload it to imgur.com and post a link.


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I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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