Council Parking Ticket - missed appeal time - help!!

[Saleem Nazma]

My husband got a parking ticket from newham borough,

 

he is dyslexic so I had to write a letter of appeal for him,

 

I did this with time scale,

 

however I forgot to write the pcn number, my address and details were on the letter of appeal

so rather than the council regardless accepting my appeal they write back to me asking for the pcn number in order to process my appeal,

 

I sent this back in a matter of 6 days,

 

after this I did not hear back from them as to a reply for appeal,

 

rather they send an order for recovery,

 

now it has reached bailiffs

 

and I need to complete a te7 te9 and pe2,

 

any help at the time I lost my mother

 

I had a bereavement so I was away out of town.

 

Any help as to what to write on te7

[Jamberson]

A few questions are needed:

 

Who was the paperwork addressed to - you or your husband? The person it is addressed to is the person who has to deal with the case.

 

If it is your husband, do you have power of attorney over his affairs?

 

And if your husband is the person named, where was he at the time - was he away with you?

[Saleem Nazma]

A few questions are needed:

 

Who was the paperwork addressed to - you or your husband? The person it is addressed to is the person who has to deal with the case.

 

If it is your husband, do you have power of attorney over his affairs?

 

And if your husband is the person named, where was he at the time - was he away with you?

it was adressed to my husband and he just gives me permission to deal with his correspondance because he can not read or write but I don't have power of attorney

[Saleem Nazma]

A few questions are needed:

 

Who was the paperwork addressed to - you or your husband? The person it is addressed to is the person who has to deal with the case.

 

If it is your husband, do you have power of attorney over his affairs?

 

And if your husband is the person named, where was he at the time - was he away with you?

my husband was not with me I was away only

[green_and_mean]

Did you get an notice to owner and a charge certificate before the order for recovery?

[Jamberson]

I'm trying to understand the way your husband deals with his affairs. He is (I presume) a car owner, and would therefore need to know the Highway Code and deal with log books, insurance policies and so on. So, do you have some sort of official capacity to act on his behalf?

 

Sorry if this is getting personal and I understand if you'd rather not say, but I am thinking that he may have an angle on this if you are able to demonstrate that your absence at the time the Order for Recovery arrived, rendered him unable to deal with it. This is what the council will be thinking, and they will want to reason it out in the same way - can he deal with paperwork without you being there, and if so, how?

 

The reason I bring this up is because the TE7 requires you to give a good reason why the witness statement is out of time. We know, it was because you weren't there, but will the council accept that as a good enough reason? If not, they will reject it.

 

If you do have some sort of official capacity to deal with his affairs, then there is potentially an equalities issue which could strengthen your position.

[Saleem Nazma]

Hi sorry for late reply, I have been to the dr and I am awaiting for mr husband to be seen by a learning difficulties phsycologist, as I believe he has dyslexia and to contribute to why he is unable to deal with his own affair properly he has an obsessive compulsive disorder, so I struggle on a daily basis, from small things in the house hold for instance shopping, cooking, washing, how it's all meant to be done, even when it came to the pcn because he could not write only verbally speak to the council he reacts to a lot of distress, very argumentative. It's in the pipe line still awaiting for a formal diagnosis as yet.

[Saleem Nazma]

I can possibly write the conditions he suffers, and that he is waiting a referral

[Saleem Nazma]

When I came back home and opened post I found the order for recovery which only allows you to pay right no option for an appeal,

I think the problem here is that I had made representation, however I forgot to put the pcn number on the letter so they wrote back asking for that which I did,

In the mean time this delayed the process although I still sent it straight away, the council went to dvla did notice to owner check and the owner is a vehicle hiring company, so this delayed the process even more now, and to my husband he's thinking that they have taken so long that they have forgotten about it rather they wrote notice to owner for hiring company, they send confirmation back to council forwarding husband address, now I've gone away to my family bereavement, oblivious to what's happening now, when I've returned it's reached to order for recovery, the council on the phone said they were to send a te9 form to my husband but that did not come, the only letter I came home to was when it's reached to a bailiffs company

[Jamberson]

Hi.

 

I think you should go ahead with the TE7/TE9. Judging by what you have said, you should tick the TE9 where it says you did not receive a Notice to Owner.

 

The TE7 is more important. This is where you will have to explain why the TE9 is out of time. You'll need to explain about your husband's situation and how you need to be there to assist him with paperwork, and that you weren't there. If you want to post up on here a draft of what you want to say, someone can check it for you, but you need to get this done as soon as you can, to keep the bailiffs away.

 

I think you should consider phoning the council and speaking to someone in parking to explain your situation. They ought to be made aware that you are going to submit these forms, and that your husband should be classed as vulnerable. They might agree to hold the bailiffs off for the moment, but in any case, when you submit your forms, things will go on hold anyway. The wording you use on the TE7 is going to be an important factor in whether it is accepted, and if the council know that your husband is vulnerable, they will consider it more carefully.

 

By the way, he has to sign the forms - that's important too, although you can fill the rest in for him.

[Saleem Nazma]

Hi.

 

I think you should go ahead with the TE7/TE9. Judging by what you have said, you should tick the TE9 where it says you did not receive a Notice to Owner.

 

The TE7 is more important. This is where you will have to explain why the TE9 is out of time. You'll need to explain about your husband's situation and how you need to be there to assist him with paperwork, and that you weren't there. If you want to post up on here a draft of what you want to say, someone can check it for you, but you need to get this done as soon as you can, to keep the bailiffs away.

 

I think you should consider phoning the council and speaking to someone in parking to explain your situation. They ought to be made aware that you are going to submit these forms, and that your husband should be classed as vulnerable. They might agree to hold the bailiffs off for the moment, but in any case, when you submit your forms, things will go on hold anyway. The wording you use on the TE7 is going to be an important factor in whether it is accepted, and if the council know that your husband is vulnerable, they will consider it more carefully.

 

By the way, he has to sign the forms - that's important too, although you can fill the rest in for him.

okay now I have witten out a letter which I will get posted off, I will upload shortly.

[Saleem Nazma]

*

 

** ***************************** ******************************************************************************************************************************* ***************************************

 

Dear,

 

****** Sir/Madam,

 

*************************** Today I am writing on behalf of Mr Saleem Ahmed who cannot write into you as he is dyslexic and currently being diagnosed with adult autism, to the effects of obsessive compulsive disorder.

 

So when he gets any sort of letters to deal with he is clueless what steps are required, to the effects where he panics and unintentionally has no control over his thoughts, with what he is saying, he cannot communicate to simple instructions that are made out to as a normal person, I am currently seeking help by his healthcare practioner as it is a constant daily struggle. As unable to read any sort of complex wording. Therefore these reasons identify why I am writing this appeal on behalf of him.

 

At the initial stage when the pcn was issued, I did write in an appeal, and did not receive a rejection notice, After sending the appeal letter in, I had also been juggling to travel outside of London to be with my mother, who was in hospital critically ill she was in intensive care unit and had come of her life support machine, due to the lack of staff I stayed in hospital giving her 24hr care she needed, during this time she suffered a heart attack and after two months she died. After this i was left to look after two other disabled people in my mother’s family one person my younger sister with a physical disability the other my father with a mental illness, through the bereavement stage as they were usually dependant on my mother until she had fallen ill. Even now I am still struggling to help all family members with little support and to do this letter to put it in writing with difficulty to explain, looking after my husband’s needs has become rather complex.

 

Mr Ahmeds mental health condition worsened after this in the last year with my time away dealing with my family bereavement and also he was in a bereavement of his own in the last year as his mother had a sudden death and died in his arms, the health service are aware and I have requested help as for this as its affecting his ability to remain focused,* and to help with the learning difficulties he has with reading and writing because it’s a lot of pressure on me, yet we await for support/ adult social worker.

 

Mr Ahmed works as a delivery driver, self-employed courier, At the time of contravention he was on a delivery, usually all deliveries are performed within 2-3 minutes, the initial appeal was to state he was performing a delivery and he had proof from the delivery company which was forwarded as evidence for his appeal that was made to the local authority by me. He finds with the nature of his OCD and learning difficulties the type of work that best suits him is a driving job and that is yet with great pressure and difficulty and is quite not able to cope with, due to the filling out forms occasionally, him being unable to do so has in the past lost jobs and due to the lack of mental communication, so with great difficulty he is now in a job just recently over the past couple of months joined.

 

I am also attaching evidence to confirm the bereavement in the family of my mother, as to why I was away from home,* I cannot stress enough to you that this bereavement affected the family as a whole, as I had younger siblings to assure and be with, when I did come back home I did not find any other letters from the local authority i.e. pcn rejection/accept, apart from one stating that it is now with bailiffs so i attempted to seek further assistance so I approached the local government ombudsman, they advised me to submit in a pe2 form, when I submitted this it was sent back to complete te7 and te9.

[Saleem Nazma]

I'm not really good with words but that's how I have put it out.

[Saleem Nazma]

I had just called Northampton county court they advised me that I had completed the wron form previously the pe2 form which I had origally wrote the following letter could you advise me which letter would be best to send them.

 

My reasons for filing the Statutory Declaration outside the given time are as follows:

(Do not give your reasons for appeal against the original penalty charge on this form).

*

I his wife, Nazma Yaqoob, usually deal with his correspondence, as he is unable to do so. Due to a learning difficulty that he has had from his childhood, He is unable to read and write as he has dyslexia also adult autism and also is affected by obsessive compulsive disorder.

*

Therefore the reasons above identify why I am completing this on his behalf, also at that stage of the initial PCN being issued, I had lost my mother and was going through bereavement, which is why I was not able to help my husband with all the queries and resolve the matter earlier.

*

However I did make an appeal application within the first 14 days, which due to not having the PCN number on the documents, we were written back to requesting the appeal to be resent with a PCN number. This was then resent with the information requested still within the time frame given.

*

This resulted with a delay on their side of processing this appeal despite my efforts of getting the information within the correct time frame. Then the PCN was traced and sent to the Vehicle owner which was not my husband as the vehicle is a company hire vehicle.

This delayed the process even further as it took a few months for the ticket to be reissued to my husband from the hire company.

*

By this stage we have left the enquiry from the PCN number being needed and completed and was waiting for correspondence on that appeal, however bear in mind I had lost my mother to a terminal illness and therefore just waited for a response to the appeal. And the time that I first wrote the appeal was the time I was dealing with coming to terms my mother was going to die, I had only found out, so my time was spent with her in hospital later after two months she died, I was then bereaving for my loss and I was not around to help my husband, when I was back the situation was the correspondence I received was the pcn had been forwarded to bailiffs, as he could not respond by writing, he made attempts by verbally speaking to the relevant departments, but was unable to process and progress the matter, my husband did go to a special needs school called gurney school in Newham

[Saleem Nazma]

Can you advise me if I should send the first letter or the second letter

[Saleem Nazma]

Also I was advised wrongly by the local goverment ombudsman to fill in a pe2 form which had delayed it by a further month to two whilst they were investigating with the local authorities.

[Jamberson]

Hi. I am busy right now, but will have a look through later on today and let you know my thoughts.

 

The PE2 is an old version by the way - you just need the TE7 and TE9.

[Saleem Nazma]

I spoke to the county court today and that is what they told me.

[Saleem Nazma]

Or should I combine the two letters??

[Jamberson]

Hi.

 

I think writing a letter to the council, as you have done above, is a good idea. You should do this separately from the TE7/9, and do both.

 

The case will not be on hold until the TE7/9 is sent off by you, but the letter to the council will hopefully help them to understand the situation better.

 

What I would like to do is suggest how you could better word your letter and TE7, so I will say what I think you should say. But it's up to you of course, you don't have to use my version if you don't want. I hope you don't mind me doing this. I understand this is very personal information for you, but I think this is the best way I can show you how I think you should explain the situation.

 

To start with, this is how I would put the letter to the council:

 

 

Dear, Sir/Madam,

 

Re: PCN number xxxxxxx

 

The above PCN is currently the subject of bailiff action, and I am in the process of completing TE7 and TE9 forms to contest this. I am writing this letter to give you some background information on the case, so that you can consider this when you come to look at the TE7/9 application.

 

The debtor, my husband, cannot write to you directly, as he is dyslexic and currently being diagnosed with adult autism, to the effect of obsessive compulsive disorder. He is not able to deal with written communications, and requires help from his healthcare practitioner. He is unable to read any sort of complex wording (which is why I am writing this letter on his behalf). I believe he should be categorised as a vulnerable person.

 

The vehicle this PCN was issued to does not belong to him. However he does not contest liability for the PCN, since it is a works vehicle. Mr Ahmed works as a delivery driver, which he is able to cope with, although the nature of his OCD and learning difficulties have meant that he has lost jobs previously. At the time of contravention he was on a delivery, and in fact we submitted evidence of this with our original appeal, to which we did not receive a rejection notice.

 

In fact, we were in receipt of paperwork later in the process, and as I have explained, I need to deal with such matters on my husband's behalf.

 

The reason we could not resolve this matter sooner is because I myself was not at home for a period, after my mother became critically ill and was placed in intensive care. Because of a lack of medical staff I stayed in hospital, giving her 24hr care she needed. During this time she suffered a heart attack and after two months she died. After this I was left to look after two other disabled people in my mother’s family, one person my younger sister with a physical disability the other my father with a mental illness, through the bereavement stage as they were dependent on my mother until she had fallen ill. This is the only reason why the TE9 was not completed at the time.

 

Even now I am still struggling to help all family members with little support, and looking after my husband’s needs has become rather complex, as his health condition worsened and he was also in a bereavement of his own in the last year which has affected his ability to remain focused, and we await support or an adult social worker.

 

I am attaching evidence to prove the bereavement of my mother, which is why I was away from home, and why the PCN was allowed to progress. When I did come back home I did not find any other letters from the local authority, apart from one stating that it is now with bailiffs.

 

As mentioned I am in the process now of submitting a TE7 and TE9, and hope you will look sympathetically on our circumstances.

 

Yours, etc...

[Jamberson]

This is what I would say on the TE7. To make sure there is no problem with the processing of the form, I would word it as if he had written it. He needs to sign it, so it should be written as if from him:

 

 

My reasons for filing the Statutory Declaration outside the given time are as follows:

 

My wife, Nazma Yaqoob, usually deals with my correspondence, as I am unable to do so. Due to a learning difficulty that I have had from his childhood, I am unable to read and write, I have dyslexia and adult autism, as well as obsessive compulsive disorder.

 

My TE9 is out of time because my wife, who deals with affairs on my behalf, lost her mother and was away from home, caring for her and then going through bereavement. I therefore had no-one to help me deal with the complex paperwork the TE9 application entails.

 

When my wife returned home, she saw the correspondence about the PCN, and we learned that it had been forwarded to bailiffs. Despite efforts, we were unable to respond sooner, although I did make attempts to speak verbally to the relevant departments without fully understanding the situation.

 

Please note that my wife has assisted with the writing of this explanation, and has written a separate letter to the Council detailing our circumstances in more detail. Please would you review that letter when deciding on the outcome of this case.

[Saleem Nazma]

When my husband last spoke to the council they said they will not now deal with any correspondance to themselves so its about just now writing the te7 te9 and explains everything on that for the reasons as the council said they won't look at it now as it will be the Northampton county court.

[Saleem Nazma]

What you have written is good but I think all I want to add is that I did submit an appeal and had no rejection notice nor did I recieve notice to owner, let me know what you think if I should add this in? I will hopefully have it sent tonight then...

[Saleem Nazma]

Also thank you for this time of yours, I'll make a special prayer for you, for your time and support and advice god bless

[Jamberson]

You're welcome.

 

If you think the council won't consider the letter, then I think what you should do is attach it to the TE7. It's OK to do that. Where I have said what to write on the TE7, it mentions the letter at the end, so you can just add "see attached".

 

You will also need to attach the other bits of proof you mentioned.

 

I don't think you need to add the bit about appealing, or not getting a Notice to Owner. Although that is important, this stage is just about getting the bailiffs off the case, so I don't think that adds anything. Up to you though.

 

Please keep us posted, and let us know what happens.