Hull City Council sending Bailiffs for an unpaid parking ticket

[Pocket Nines]

Not impressive at all; but wholly unlawful. Not the hand delivery but the NtO.

 

Lynette, I was discussing your case last week with Jamberson, in another thread.

Hull have got the latest process wrong and hence acted unlawfully. The result is that you can win this.

 

I know you have 'had enough' but it seems a shame to get this far, be messed about so much and then 'give up' at the last hurdle.

 

Can I just explain:-

 

When a Witness Statement is made and, as in your case, finally accepted and processed, the Council are informed - as has happened.

Then, one of two things may happen. I quote from the Regs.

 

(2) The witness statement must state one and only one of the following—

 

(a)that the person making it did not receive the notice to owner in question;

(b)that he made representations to the enforcement authority under regulation 4 of the Representations and Appeals Regulations but did not receive from that authority a notice of rejection in accordance with regulation 6 of those Regulations;

©that he appealed to an adjudicator under regulation 7 of those Regulations against the rejection by the enforcement authority of representations made by him under regulation 4 of those Regulations but—

(i)he had no response to the appeal;

(ii)the appeal had not been determined by the time that the charge certificate had been served; or

(iii)the appeal was determined in his favour; or

(d)that he has paid the penalty charge to which the charge certificate relates.

 

and, most importantly >>

 

(7) Where a witness statement has been served under paragraph (2)(b), © or (d), the enforcement authority shall refer the case to the adjudicator who may give such directions as he considers appropriate and the parties shall comply with those directions.

 

The Council should NOT have issued a new NtO. They may only do so if your Witness Statement stated that you never received the first (which it didn't did it? I don't have time to look back).

 

They SHOULD have referred the matter to the Adjudicator, who would then have invited your comments.

 

So --- think about this ---- this isn't me putting you through yet more work -- but Hull Council AGAIN!

 

What they have done amounts to a gross procedural impropriety - and you could potential win the case just with that.

 

--------------

So what do you do?

I think you've said you've now responded to the NtO and asked to pay the discount amount? Is that correct so far?

 

I'll come up with a few suggestions when you answer. DO bear in mind, as I say, this is Hull causing the extra work for you - not me; The matter shoul already be with the Adjudicator with you having to do very little. They are cheating.

 

Hang on Lynette.

Just an easy quick question.

 

What box did you actually tick on the Witness Statement??

[Pocket Nines]

The wording in post 84 is directly from the applicable law. I've got a TE9 in front of me and I can see that they word it a little different but just to make it plain I think. the effect is the same.

 

You should not have a second NtO; That is clear from the Regs I posted.

You made a Witness Statement under Reg (2)(b) above --- and so the result should be as (7) above - the Council can only refer the matter to the Adjudicator.

 

BUT --- since I posted that, I noticed something. This may not be the fault of Hull. It may be that TEC have made the wrong Order?? Is there a copy of the final TEC Order somewhere in the thread?

 

Wow, you really do not have much luck do you!! A numpty Council, A District Judge who did not know the correct Civil Procedure Rules and possibly now TEC themselves cocking up??

 

Never seen so much bad luck in one case. I feel for ya.

 

In simple terms Lynette, what was the last thing you received from TEC?

[Pocket Nines]

Following the County Court Order -- the TEC Court Officer should have processed your original TE9 - as was discussed here and not as the DJ thought (no re-submission).

At that point, TEC should have sent the final decision Order to you.

Is that a no then?

[Pocket Nines]

Lynette.

If we can sort this here it will actually take the matter off your back and put it in the hands of the Adjudicator -- then you have nothing to worry about and very little to lose and very little work to do.

[Pocket Nines]

I'm thinking TEC have just reverted to the original Order they made in your favour on (11th November was it?)

 

If, as you say, you ticked the box 'reps submitted to Council but no reply received' -- then they have made the WRONG Order -- as shown by the Regs I've posted.

 

TEC are generally good in putting things like this right. Quite possibly correcting this in response to just a phone call.

I don't want to break any forum rules so Mods nudge me if needed but I don't mind trying the call for you to TEC if you like?

You would first have to notify them that I have permission from you to speak to them - by phoning them yourself.

 

what do you think?

[Pocket Nines]

Hi Lynette.

 

Did you receive last PM after my call to TEC?

 

@ mods (I will post any info on here for the benefit of others - later).