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FightBack Forums > Queries > Council Parking Tickets & Clamping and Decriminalised Notices
jenko16
Hi, I recently got towed away, and challenged it via an appeal, which was rejected. I then intended to appeal further but for one reason or another the 28 days went by and I only remembered on the 30th day.

Oh well, my fault, I will just have to forget about it I thought.

But then I received the below letter (sorry for the stain, dropped some curry on it) in the post saying they have now decided to increase the fine, and I now owe them a further £195 on top of the £300 I paid originally!

Surely this can't be right?!

Help!

buttonpusher
Is this for a further ticket? You paid to get the car released didn't you?
jenko16
yep, i paid to have it released. I think what the letter is saying is that because I had a failed appeal, they are charging me more. But even then, I don't see how their sums are adding up - looks weird.

Also, this is for a Hire Car, which I only got a ticket on once so definitely not for a further ticket. They also quote the same ref no as the previous one.
Neil B
It's an almighty cock up then.

maybe we could use this to your advantage.

You say you thought you could not appeal at 30 days???? Why? You are always allowed to ask patas (Ipresume u mean patas) and explain. They are understanding IME.

Now it must be way later but I'm wondering if you explain what has now happened they may grant a hearing for the original case?

Either way the current demand is b*ll*x.
J_Edgar
If I am understanding this corectly the PCN was paid at the time the clamp was removed.

If the above is true then as far as I understand things you have no further liability and the EA have fecked up.

I'll look into this further after work, but I suspect the procedure will be wait for the Order for Recovery and make a witness statement to the effect that the PCN has been paid.

I suspect you may have lost the original £65 paid for the PCN...
jenko16
Yep the PCN was paid in full at the time of the collection from the pound, as well as the Tow fee and overnight fee. It was about £300.

At the moment, I am content to not worry about chasing up the appeal, as it was my fault the appeal time expired. However, I don't want to pay a further £195.

Thanks!

I just called the number, and a woman said looking at her screen there is nothing outstanding on this PCN, but I could call back between 10-2 tomorrow to talk to an appeal officer. She couldn't send me confirmation, but one of them can.

Maybe I could charge them for wasting my time with this letter.
Neil B
QUOTE (jenko16 @ Wed, 31 Aug 2011 - 16:58) *
I just called the number, and a woman said looking at her screen there is nothing outstanding on this PCN, but I could call back between 10-2 tomorrow to talk to an appeal officer. She couldn't send me confirmation, but one of them can.

Maybe I could charge them for wasting my time with this letter.


You are wasting your time talking to the Council. TH are imbeciles and it is unlikely to get you anywhere.
Most likely we will follow the Witness Statement line on the basis 'already paid' as JE mentioned.

Any effort for compensation would be later, basically for malfeasance but not sure how.

Still a pity about the original case. How long ago are we talking about now?
J_Edgar
Ah a removal then, so you owe them nothing.

I am with Neil on this, it is quite likely that even if the council claim to cancel the CC there is a good chance an OfR will follow. However I would be tempted to follow up on the phone call tomorrow, record it if possible, but definitely get the name and position of the person who you talk to.

A little bit tongue in cheek, but if an OfR then turns up we have a course of action vis a vis Ferguson v Britich Gas wink.gif
jenko16
It was taken at 9am on the 5th May, and I actually collected it the same evening as I noticed it had gone thankfully.

I appealed a couple of weeks later, and on rhw 22nd July they sent me the rejection, and said I had 28 days from then, so I missed it unfortunately.



I actually have 2 more of these going through. One where I have appealed against the first refusal, and another where I have sent the first appeal and await their response.


The problem is the area where I park, they have a tendancy to suspend and tow without giving 5 days notice, and in some instances suspending and towing on the same day!
Neil B
[quote name='jenko16' date='Thu, 1 Sep 2011 - 11:37' post='621182']
on rhw 22nd July they sent me the rejection, and said I had 28 days from then, so I missed it unfortunately.
[//quote]

well I'm not sure why you are hesitating for £300. I've told you what you should do with that. Don't ask don't get.
Particularly so if you can cite some reason or reasons for delay.

It would also be interesting to see that rejection because it should not ONLY state 28 days. - and that would give you your reason!
jenko16
this is the rejection letter



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