PCNs and Bailiffs, Threads merged Options

[Felics]

Hi all,

So I've had a bit of an issue which has left me quite frustrated.

Back on 29/09/2016 I was issued a PCN (due to being parked in a residents parking area - contravention 12). I had in fact broken down.

I sent through a challenge to Lambeth council saying in these mitigating circumstances would the consider cancelling. They wrote back on 17/10/16 saying no.

I then (on the advice on the back of the correspondence) waited 28 days for the "notice to owner" (NTO) to appear. Life continued and this issue buried itself in the back of my mind.

Fast forward to today 07/03/17 and I have Bailiffs? (EQuita - with a capital Q) at my door demanding payment of £513 else the car would be towed. Long story short, they had been appointed by Lambeth Council to collect the fine. Had I been home I wouldn't have paid - but my unfortunately my sister did.

Now I want to know where (if anywhere) I stand? I had not received an NtO and therefore couldn't appeal. But now that I've paid have I said goodbye to that £513?

Of course I'm livid, but if that solved anything then I'd be fine. Can anyone let me know what my options are? Is it assumed that council will have sent out the NtO if I was to take them to court? Is it even possible to go down this route? Should I just forget about following this up as it's virtually impossible to get my money back?

Right now I'm going to figure out how I'm going to keep the lights on.

Any help is appreciated

Felics

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[Mad Mick V]

OP---- if you go down the formal complaint route this is in three stages with the last stage involving a independent senior officer who is appointed by the Chief Executive to investigate the matter.

My opinion of this procedure is negative because it allows the Council to focus and to get its house in order before the LAO gets involved. I would certainly approach the LAO with a view to an earlier resolution of your case. If the LAO declines and indicates the Council's formal complaint route must be followed-- so be it.

Mick

[Felics]

OP---- if you go down the formal complaint route this is in three stages with the last stage involving a independent senior officer who is appointed by the Chief Executive to investigate the matter.

My opinion of this procedure is negative because it allows the Council to focus and to get its house in order before the LAO gets involved. I would certainly approach the LAO with a view to an earlier resolution of your case. If the LAO declines and indicates the Council's formal complaint route must be followed-- so be it.

Mick

Thanks Mick. I've already sent the complaint hhhowrough ever (also copying in the councillor with cabinet responsibilty Jennifer Braithwaite). She actually responded saying she would look into it as soon as possible.

I maybe should've gone straight to LAO directly but I suppose now there's little point

[Felics]

Hi all.

Just an update - managed to send off my complaint and soon to receive a full refund! I suspect copying in the the local MP was the reason why (thanks to John Uk for this stroke of genius)

Thanks to everyone for your help. Its been nearly a year trying to get this sorted!

On to the next one...




And just in case it helps anyone, the email i sent preceding the reply from the Council.


===========================================================

Dear Sirs,

Please see attached my formal complaint with supplementary documents below.

I am writing this complaint due the apparent procedural errors and omissions that have been made in regards to the handling of my Penalty Charge Notice (PCN). I have tried three times to submit my complaint but have had very little clarity, guidance and acknowledgment of my letter.

By way of background, I had initially circulated my first complaint via post on 29 October (in addition to supplementary documents attached). I received no response.

I called Lambeth Council in late November for an update. They informed me that I should email "environment@lambeth.gov.uk" with my complaint as they had no record of it. I did so on 1 December.

I subsequently received a letter on 6 December from a Peter Thomas who provided no information or response to the questions I had raised in my complaint. I assume he had either found himself incapable of understanding that this was a formal complaint or had decided that he would not follow the proper procedure when addressing my complaint.

Following receipt of the ambiguous and very short response from Mr Thomas, I was naturally unsure of what my next steps were in the complaints procedure. I had no knowledge of the Lambeth complaints process, no acknowledgement that my complaint was being reviewed (or if it had been closed) or whether I could in fact raise and escalate my concerns further.

I have since found this email address (complaints@lambeth.gov.uk) in the hopes that someone will be able to provide some further clarity and deal will my complaint appropriately. I also copy in Jenny Brathwaite (Cabinet Member for Housing and Environment) in the hopes that someone senior on this mailing list will be able to assist.

As this is now my third writing in respect of this issue I hope I will receive a response, else I will have no choice but to take this matter to the Local Government Ombudsman.

Regards

This post has been edited by Felics: Fri, 19 Jan 2018 - 22:27

[Neil B]

and well done you Sir!



I have to admit I had to have a stiff brandy before opening this thread again to read your latest.

Champagne now!

[Felics]

Haha

It was a arduous journey to say the least.