Hi,

was issued with several parking tickets at the start of this year despite having a disabled passenger and displaying a disabled persons badge and time-card(if required).

Council sent the normal letters and as I was out of the country I was unable to respond and even missed the deadline to file the PE3 and PE2 Statutory Declaration forms.

Things have now got to a head and they've sent their enforcement team. My out-of-time statutory declarations were refused and I've now filed an N244 form at the Traffic Enforcement Centre.

Council have decided to disregard this and send the enforcement team round. Unfortunately, I was forced to pay 2 of the fines and have a payment arrangement for the rest. When the bod came in the morning he went after receiving payment. Told me not to call the council even to discuss the cases as they can contact the teams and ask them to call back for further money

I thought this was a bit strange so spoke to the council. Within 30 mins of me putting the phone down, the guy was back again saying the council had been on the phone and they want to collect for remainder. Luckily, the guy was understanding and said pay one more for the time being.

My questions are:

Are the council allowed to do this ???? It's almost like they're victimising me!

Does anybody know contact details for anybody in the legal profession who can help me sort this mess out?! It's got to the point where its causign me serious grief and worry. If the firm are local within the West Mid's that'd be perfect. Ideally, I just want to give them all the details, evidence etc and get them to do the rest.

ANY help appreciated - I know somebody on here will be able to shed some light on the situation

thanks!

 

The local press may well be interested. Depends how you can word your story concering the disabled person

 

Sounds like **** tactics. I guess it is a New labour Council then?

Make an appointment immediately with the Citizens Advice Bureau.
Do not make any more payments until you have taken advice. On his next visit, determine who the collector is. Get him to show you some official ID and write down his details.
Registered bailiffs have to comply with a code of conduct and from what you describe that has not happened on this occassion.
It may be that it is a debt collector. I am not exactly sure how they are regulated but start by finding out exactly who you are dealing with and their "profesional" capacity.
Some of these people pick on those unable to defend themselves, unaware of their rights etc. In your case, telling you not to contact the council and they would know if you did, then coming back and threatening sounds bang out of order.

What Council?

If the amount is signifigant and the appointment with CAB is not expeditious consider seeing a solicitor. They will often give an initial free 15 or 20 minute consultation.

Your problem is that the initial correspondance has been ignored and the matter has gone full distance before you have attempted to defend yourself.

Good luck.

 

"hedgehog" may be able to help you here. He uncovered some old law which is the basis of law and government in this country, and it basically states that only a court of law can impose a fine. NOT a council, debt collector or any other little Hitler who feels he has the right.

Loads of his stuff to read through HERE.

 

Cheers for all your help guys

I'll be getting in touch with the council.

Aside form hedgehog - does anybody know a solicitor that specialise in these sort of things? Have spoken to several local ones and they don't seem to know anything about these things.

Like I say - the whole situation is giving me serious grief and I want to find somebody who can at least put a hold on everything whilst the whole thing is investigated !

I think I'm going to end up having a breakdown at this rate !!

Keep the help coming guys

 

Forgot to mention - this is Birmingham City Council

What really get's my goat is the woman who I spoke to at the council called up the bailiffs and asked them to return despite the bailiff making an arrangement with myself.

In defence of the bailiff - he did try everything he could to help me so can't be too unfair on him.

Is there anything I can say or do that will stop him in his tracks?

I looked at his file and saw an electoral roll check - have a good mind to un-register and claim I have no fixed abode - would that work? They can't collect if I don't have anything !

 

That will be the 1689 Bill of Rights, it cant be repealed (even by the EU) and it is the basis of our government. The Magna Carta prohibits arbitary fines too.....

As Harvey has suggested, contact your local CAB or alternatively try your home contents insurer (assuming that you have legal cover).

Simon

 

Thanks for the lowdown on the BoR - did a search on Hedgehog and found some stuff on this.

Problem now is - I need to find a solicitor that can do the bizzo - any recommendations? Called up a few and they're not too sure what area of law it is.

thanks

 

FFS get onto the CAB who may help you but because they are dealing with solicitors in your area every day they will have a shrewd idea who is worth approaching in your area, assuming they will not take it on themselves.