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I paid a dubious fine in small change. The amount was correct…

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I paid a dubious fine...
I paid a dubious fine in small change. The amount was correct and witnessed. I did NOT wait for a receipt. I was then chased eventually by bailiffs for £400. I wrote several times and received offhand, arrogant replies. However, An FOI request shows that my ticket was paid in full on the day. So I would like to take the dept to court for fraud in a bIG way. Can you help me?
Submitted: 8 years ago.Category: UK Law
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6/11/2010
Solicitor: Jo C., Barrister replied 8 years ago
Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 71,546
Experience: Over 5 years in practice.
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Can you tell me what the fine was in respect of?
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Customer reply replied 8 years ago

Of course. A busy council car park where the two bays available were encroached upon by huge 4X4s with their fat wheels on the white bay markings forcing me to park my car with its' front wheel in the bay next door by a matter of 2 inches. We paid the minimum 1 hour charge, but returned in 10 mins to find the 4X4 gone...and a ticket on my car. So, in the eyes of the council 'law' (written in tiny type on signage difficult to find) I was bang to rights. But not happy as 1. They were then able to sell my space twice in the same hour, and 2. I had been 'done' for an almost unavoidable and trivial offence. (it never happens in a Tesco car park....!)

 

In the main it was the kind of cut and paste replies I received which sent me skywards.

I requested via FOI the cash receipts for that day, and have worked out which figure related to me (internal codes being known only to them). I DID pay £30 surprise surprise and THEY lied to me to up their return.

 

So, they are bang to rights I reckon...

David Freeman

 

PS two years ago a similar scenario occurred with Richmond council but I was a bit witless and did not pursue an FOI request ...drat!

 

 

 

 

 

 

I paid in pennies and 5p pieces as it seemd the only way to get my own back in a fun , albeit pathetic, way. Spitting blood I was, which I articulated in a letter I handed across with the money.

 

Solicitor: Jo C., Barrister replied 8 years ago

 

Are you saying that £30 was the total amount due?

 

Only with Hounslow its usually £40 within the first 14 days and £80 thereafter.

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Customer reply replied 8 years ago

Yes, £30 was the total amount due for an 'outside of the parking bay' offence in a car park.

I paid it within a week.

In small change. all of it.

 

THEY lied and I want revenge.

Do I pursue the case or not?

DF

 

 

Solicitor: Jo C., Barrister replied 8 years ago

 

They didn't lie. They have just made an error and you cannot take action over that.

 

If you are right about the payments though then you can get an authority for the bailiff to act set aside very easily. They can only act if there is a charging order at northampton county court. If you are right then you just need to make a statutory declaration to the effect that you've paid in full and it will be set aside.

 

Other than that you've sustain no loss and so have no claim.

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Customer reply replied 8 years ago

You misunderstand.

I have paid in order to get the bailiff off my back.

My argument is crystal clear - they DELIBERATELY chased me for an 'underpayment' - which was a lie as I clearly paid in full - and can now prove it.

I wrote and gave them ample time to retract and to 'discover' their mistake, and they arrogantly didn't - but steadfastly continued to pursue for the money.

Therefore I might suggest that these vindictive little so and so's believe they can do what they like to 'punish' a punter who puts them to bother by paying in small change!

Quite apart from the false accounting - this was a fraudulent claim it seems to me!

DF

 

 

 

Solicitor: Jo C., Barrister replied 8 years ago

Where did you say above that you'd paid the bailiffs?

 

If you did pay the bailiffs and you have paid then you can recover that sum from them. But I'm afraid I'm very concerned that the council may be right in this matter and this was an underpayment.

 

In any event, this was not a lie. It was just an error.

 

I dont' think I can add much more to this. There's no justification here for saying they've lied.

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Customer reply replied 8 years ago

As a mere punter it seems all the cards are stocked in the 'authority's' favour. It seems that small minded chiefs of fiefdoms can, and do, what they like in such circumstances.

I gave them ample opportunity for them to 'discover' their accountancy error, but they continued to press their claim. All cash accounting on the day must be accurate and must account for every single penny paid over the counter. Clearly, someone within the parking dept decided to 'get his own back' on the punter, and deliberately lie on the documentation - which set in train an absurd series of events culminating in a bailiff's call via the Northampton courts. I have been wronged and want all my money back...!

DF

 

Solicitor: Jo C., Barrister replied 8 years ago

 

Yes, parking fines are in the authority's favour although it is a perfect example of the need to take advice before taking action. All of this would have been avoided if you had made a statutory declaration rather than paying them.

 

Its as I've said above.

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Customer reply replied 8 years ago

A statutory declaration of what?

Given that I was in the wrong parkingwise, and grudgingly accepted that - and paid - they surely showed a lack of honesty and control by doing what they did?

I paid in pennies - fair enough. This annoyed the little darlings.

There were no signs anywhere denying me that right...and anyway, what's to say I don't live in a small flat and save up pennies for such 'emergencies'?

What they did was deliberate and simply vindictive. They lied to show who's 'boss' - and they deserve to be brought to book for what is essentially, a criminal act.

It cost me a great deal of time and money and i am in the right!

DF

 

 

I am sure of this as exacly the same thing happened with Richmond Parking mob a couple of years ago.

Solicitor: Jo C., Barrister replied 8 years ago
Its as I've said above.
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