URGENT - Lambeth Council Parking ticket. Legal advice needed

[adrian--7]

I need advice urgently regarding parking ticket which was issued to me on 25 January 2009. I appealed the ticket by letter, also informing Lambeth that my address was *edited* and they wrote back to me at this address on 24 February saying my appeal had been rejected. I unfortunatly completely forgot to pay the fine.

 

I returned home from work early on Wednesday to find my car had been clamped. I called lambeth council who said it was because of the parking ticket issued on 25 January. They told me they had last sent a letter on 2nd September to inform me that my car was to be clamped and then removed if I did not pay £600 to the Bailiff Company Whyte and Co. I said I had not received any letters from them since 24 February 2009. They insisted that several letters had been posted to me. While I was on the phone a tow truck came and Whyte and Co began to remove my car. I called the Independent Parking adjucticators as they were doing this. The adjucticators said that legally they could not remove my car if I had not received a letter from them. The rep from Whyte and Co had written out a form informing me that in order to release my car I must now pay them £874.56 within 5 days or they would sell my car at auction. I noticed that the address they had written on the form was *edited - different address* . I pointed out to them that I had not lived at this adress since November 2008 and that I therefore not received any letters from them and they were illegally removing my car. They said to take the matter up with Lambeth.

 

I again called Lambeth Council who checked their records. They had indeed replied to my letter to *edited, address 1* on 24 February, but had sent all subsequent correspondence to *address 2* . They had obtained this address from the DVLA. I had purchased the car while living at this address, but the car is not registed there. The car has not been registered yet bacause the DVLA are waiting on a form VR5 which I cannot send them until I have recieved the log book from the previous owner. I have spoken via telephone with the DVLA about this and have given them my address at *address 1* so they could send me forms to here. I am not sure if they have updated my address on their files.

 

I have appealed to Northamton Courts who will inform Lambeth Council that I have appealed. It is entirely up to Lambeth Council if they decide to release my car or if they put the case on hold. It can take up to 2 month for the appeal to be heard.

 

In the meantime I am without my car. A friend has offered to loan me the money to pay Whyte and Co, but if I do pay them am I entitled to my money back if it is subsequently found that Lambeth Council were in the wrong in removing my car? Or am I admitting liability if I pay Whyte and Co to release my car? I live in South London and have no idea how to contact a solicitor for advice and if this would be free. The Citizens Advice is not open on a Friday so any help would be very gratefully received

[bennyowen]

Please do not pay any money to anyone until you get better legal position. Try to keep matters in writing because telephone calls can easily be misrepresented.

 

The evidence of your previous contact with the Council in January and February 2009 will be material. Make sure you keep documents safe for your legal rep later and court.

[bennyowen]

Go to any local Solicitor who deal with Community Legal Service cases. Try the following link:

 

LSC Website : Community Legal Service (CLS)

[Maggie_moo]

I would remove all addresses from your post

[42man]

Moving to the parking forums...