Suing RBC for sending bailiffs

[Shea31]

October 27th 2021 in Reading there was resurfacing works . There was signage at the top of road and the very bottom and very vague signage where I entered from Prince of wales avenue. The signs just said no parking no stopping. No dates nothing else and since I saw the whole length of street Parked there and no other signage I parked there with my neighbours also. I assumed it was for non permit holders only. Since then the council have put up clear signage all over town due to the level of complaints.


I never got a official notice of rejection despite me requesting this even asking the tribunal to do so on my behalf. They tried the council said I have no right to receive the notice or rejection because I didn’t file an appeal in 28 days . But they did send me the letter of rejection. I wanted to appeal to a tribunal .

April 2022

I sent them an appeal for out of time to TEC. They rejected my reason for being out of time. I explained I did contact them multiple times . Also where I live there are multiple letters flat A,B and C my neighbour often got my mail and because she’s been away weeks at a time.She posts them in my letter box so of course It’ll be late. but apparently that wasn’t a good enough reason.

July 2022 balliffs come knocking with a notice to remove. They said they will come inside whether I’m home or not.

I want to sue the council firstly for theirs wrongful issuing a PCN without sufficient signage. Blocking me from appealing to the tribunal and lastly for the emotional distress it’s caused me.

 

[Newchodge]

There appears to be a paragrah missing from your story, between your first and second paragraphs.

 

[Mark T Jones]

From what you've written, I can't see any evidence that the council have gone outside correct legal process - so you would have no basis to sue (though as @Newchodge has pointed out, there is a gap in the story(

 

[IanSuth]

Reading have an appalling record at parking tribunal with one of the highest levels of overturned fines in the country but if the appeals tribunal have rejected your appeal I don't know what your options are.

You may be able to get the bailiffs off your back but forget anything other than that, no court will award you damages for the emotional distress

 

[Shea31]

I think it was just the time I missed but nothing else.

The councils refused to provide me with the letter of rejection so that I can appeal for the tribunal. I discovered these forums after I used to just pay up. I don’t think it’s right I have to pay that’s why I want to fine w way to get the judgment overturned and dismissed

 

[Newchodge]

I think it was just the time I missed but nothing else.

The councils refused to provide me with the letter of rejection so that I can appeal for the tribunal. I discovered these forums after I used to just pay up. I don’t think it’s right I have to pay that’s why I want to fine w way to get the judgment overturned and dismissed

Have you read your post? Letter of rejection of what? The first time you mention a PCN is in the final paragraph. Based on what you have written you would be wasting your time.

 

[Shea31]

Reading have an appalling record at parking tribunal with one of the highest levels of overturned fines in the country but if the appeals tribunal have rejected your appeal I don't know what your options are.

You may be able to get the bailiffs off your back but forget anything other than that, no court will award you damages for the emotional distress

They haven’t had the chance to review i it because the council blocked them from appealing it

 

[Shea31]

Have you read your post? Letter of rejection of what? The first time you mention a PCN is in the final paragraph. Based on what you have written you would be wasting your time.

Oh I just realised. I’m dyslexic so sometimes I find it hard to structure writing like this. I don’t know how to edit it. So I would just need to pay the bailiffs and I can’t get it overturned or sue them for wrongfully issuing it in the first place?

 

[Newchodge]

Oh I just realised. I’m dyslexic so sometimes I find it hard to structure writing like this. I don’t know how to edit it. So I would just need to pay the bailiffs and I can’t get it overturned or sue them for wrongfully issuing it in the first place?

Write a new paragraph here about what happened between parking and sending the letter of appeal.

 

[fisicx]

If the signs said no parking why did you park? Doesn't matter about all the other cars, if you knew the road was being resurfaced parking on the road wasn’t really sensible.

 

[Shea31]

I sent a letter of appeal straight away the same day I got the PCN. They send a letter rejecting my appeal saying the onus was on me to check the bottom of true road to see what the signs were for. I sent them another appeal explaining all the witnesses I had to cooperate my side of things 5 neighbours in the same boat. I should of kept my own copy but didn’t. I never heard back for a month or so. I got them a charge notice. I called to ask what was going on they said I didn’t appeal. I sent an email they said I was too late now to appeal or go to the tribunal. I spoke to the tribunal and they said I need the pin form the rejection letter. Reading said I have no right to receive one if I don’t pay the charge notice they will enforce. I sent one more email. Heard nothing. So I contacted TEC to help and submitted out of time response. 3 months later this is what’s happened bailiffs ect.

 

[Shea31]

If the signs said no parking why did you park? Doesn't matter about all the other cars, if you knew the road was being resurfaced parking on the road wasn’t really sensible.

I didn’t that’s the point the road be entered from the bottom the middle and the top. I entered from the middle. There was no signage about resurfacing I wouldn’t of Parked there otherwise. They just had the signs saying no parking but no date or time on there

 

[Newchodge]

I sent a letter of appeal straight away the same day I got the PCN. They send a letter rejecting my appeal saying the onus was on me to check the bottom of true road to see what the signs were for. I sent them another appeal explaining all the witnesses I had to cooperate my side of things 5 neighbours in the same boat. I should of kept my own copy but didn’t. I never heard back for a month or so. I got them a charge notice. I called to ask what was going on they said I didn’t appeal. I sent an email they said I was too late now to appeal or go to the tribunal. I spoke to the tribunal and they said I need the pin form the rejection letter. Reading said I have no right to receive one if I don’t pay the charge notice they will enforce. I sent one more email. Heard nothing. So I contacted TEC to help and submitted out of time response. 3 months later this is what’s happened bailiffs ect.

You sent a letter of appeal. The appeal was rejected. You should then have gone to the tribunal. Sorry, I don't think you have a chance of winning.

 

[Shea31]

If the signs said no parking why did you park? Doesn't matter about all the other cars, if you knew the road was being resurfaced parking on the road wasn’t really sensible.

The road is very long so the signage was no where near where I parked stating the date and time for resurfacing

 

[Shea31]

You sent a letter of appeal. The appeal was rejected. You should then have gone to the tribunal. Sorry, I don't think you have a chance of winning.

They didn’t give me an official notice of rejection with the pin. The tribunal even tried to get one in my behalf the council refused.

 

[Shea31]

You sent a letter of appeal. The appeal was rejected. You should then have gone to the tribunal. Sorry, I don't think you have a chance of winning.

I didn’t get the change to appeal to the tribunal

 

[Newchodge]

They didn’t give me an official notice of rejection with the pin. The tribunal even tried to get one in my behalf the council refused.

If you had contacted the tribunal immediately you received the first rejection, they would have been able to get a PIN.

 

[Shea31]

The tribunal said the council told them that I didn’t send them an appeal so that’s why they didn’t send me the notice of rejection. The tribunal explained once I can ge the council to provide me either that they can see the case

 

[Mark T Jones]

Hint - bullet points make life easier for you and for us to get a clear picture.

As far as I can make out, the only potential weakness in their case revolves around whether you actually sent your second appeal or not - unfortunately you have no evidence to support it.

How much energy do you want to commit to this - bearing in mind that costs will escalate over time?

TBH I'd pay & move on.

 

[Paul Norman]

OK. The answers, put in straightforward bullet points.

1. Yup. These does seem a bit unfair. I totally why you are not happy with it.

2. The chances of you successfully sueing the council and receiving any kind of financial award are absolutely zero.

3. The cost of attempting it, with be a combination of a LOT of money and a LOT more upset. This is one to pay, move on, and to tell your friends about everything time to have a drink with them.

The only remote possibility might be to get your local councillor to take up the cause on your behalf and have a whinge at the next council meeting, in between closing down the last public loos and discussing how high the speed humps should be outside the school.

 

[Newchodge]

The tribunal said the council told them that I didn’t send them an appeal so that’s why they didn’t send me the notice of rejection. The tribunal explained once I can ge the council to provide me either that they can see the case

Did you keep the first rejection letter? If you still have it try getting your local councillor involved.

 

[MBE2017]

Down to the OP what to do, but I would personally advise paying the money under duress, stop further and very high bailiff charges being added.

 

[japancool]

If it's a Tory council, write to the Mirror.

If it's a Labour council, write to the Daily Fail.

If it's a Lib Dem or Green council... you're screwed.

 

[IanSuth]

If it's a Tory council, write to the Mirror.

If it's a Labour council, write to the Daily Fail.

If it's a Lib Dem or Green council... you're screwed.

It is a Labour council with a Tory MP (Alok Sharma for that area), Reading parking issues are renowned, their signage is appallingly convoluted but they have zero interest in changing it (i say this as someone who sat on the now defunct Transport Users Forum of said council)

Also at least some of their enforcement is outsourced (it was to NCP but not sure currently) which puts another layer of bureaucracy and obfuscation in any appeal . They are also currently running at a loss so are not happy to have to rescind any https://www.readingchronicle.co.uk/news/20047035.much-reading-council-raised-parking-fines-pandemic/

This is the usual signage on that road https://goo.gl/maps/8LCLFKqKWpUEtvzV6
What that actually means is 8am-8pm it is for permit holders (of the correct subset) for unlimited time or for visitors for 2 hours (no return within 2 hrs) and from 8pm to 8am it is permit holders only

 

[Shea31]

I don’t have enough to pay the bailiffs.

They said they can’t do a payment plan as it’s past that stage.

They said they will just remove goods or my car (ona hire purchase)

I keep getting cut off from citizens advice bureau. I want to pay the controlled goods agreement am I able to do that and when my payments are finished they can return my goods?

 

[japancool]

Bailiffs can't remove goods on hire purchase, since the car does not belong to you.

And I'm not even sure they can enter your premises unless you let them in, for a parking fine.

If they have misrepresented their powers, you have a cause for complaint.

However, if you have already let them in, they can now come in at any time.

 

[Shea31]

They said on the letter they can come in whether I let them in or not as they have a warrant

 

[Shea31]

is it too late to set up a controlled goods agreement they said I can’t do that now

 

[Mark T Jones]

Their opening stance will be that they can't do a payment plan - if you convince them that you genuinely can't pay outright and offer a sensible plan, together with an initial contribution it's likely that they will accept it (more accurately, they will refer back to the creditor to accept it)

The controlled goods agreement will probably remain until the debt is settled

 

[Newchodge]

They said on the letter they can come in whether I let them in or not as they have a warrant

Contact trading standards immediately, as I think that is illegal.

 

[japancool]

What, so this is a CCJ against you? The bailiffs are County Court bailiffs?

Were you informed of the court hearing? If so, why did you not attend?

When was this fine issued?

I suggest you get on the phone to CAB and stay on it until you get hold of someone.

 

[Mark T Jones]

Contact trading standards immediately, as I think that is illegal.

It depends - for example they have greater powers to enter business premises than residential (sometimes that itself is a grey area)

 

[Shea31]

What, so this is a CCJ against you? The bailiffs are County Court bailiffs?

Were you informed of the court hearing? If so, why did you not attend?

When was this fine issued?

I suggest you get on the phone to CAB and stay on it until you get hold of someone.

I wasn’t informed of a hearing at all. This is what I mean about my post being given to my neighbour. There is no way of knowing if the council has sent it or if they didn’t send it. There is no CCJ just the council has employed CDER and they said the court awarded them a warrant

 

[Shea31]

It depends - for example they have greater powers to enter business premises than residential (sometimes that itself is a grey area)

I from what I understand on the citizens advise bureau they can’t. So the letter is confusing me.

I’m trying to see I can do this controlled goods agreement as I don’t want to bother my family for money. They are struggling either the cost of living as it is.

 

[IanSuth]

If you want to talk to a councillor the best of the 3 covering your area would be Sarah Hacker, she lives the other side of Oxford rd from you so knows the area, sits on the transport mgt sub committee and is chair of the Housing, Neighbourhoods and Leisure committee.

[email protected]

 

[Mark T Jones]

I wasn’t informed of a hearing at all. This is what I mean about my post being given to my neighbour. There is no way of knowing if the council has sent it or if they didn’t send it. There is no CCJ just the council has employed CDER and they said the court awarded them a warrant

They would have shown you said warrant if it exists.

This story has significantly changed from the start - whether you have omitted parts or genuinely are unaware, you personally need to find the missing detail CAB should be able to help you

 

[japancool]

There is no CCJ just the council has employed CDER and they said the court awarded them a warrant

Doesn't sound right to me. They may have a warrant to recover the parking fine, but a court wouldn't normally award a warrant to forcefully enter your home for that. And they would have had to make recovery attempts before it gets to that stage.

Read this:

Penalty charge notices | Parking fines | National Debtline

Penalty charge notices (PCN) for parking explained. Free help and advice on parking fines from National Debtline.

nationaldebtline.org

If, in fact, the bailiffs have misrepresented this, they have committed an offence. If they turn up, definitely ask to see the warrant, and confirm that it does allow them to enter. DO NOT LET THEM IN.

You can also get help from National Debtline on 0808 800 4000.

DO NOT DO NOTHING. Do not sit and wait for the bailiffs to turn up.

 

[IanSuth]

I from what I understand on the citizens advise bureau they can’t. So the letter is confusing me.

I’m trying to see I can do this controlled goods agreement as I don’t want to bother my family for money. They are struggling either the cost of living as it is.

Dont do anything without advice

Read this before you speak again to CAB or the like so you know what you are talking about and can understand what they are saying to you - and go and hammer on neighbours door and get any correspondence of yours she has sitting there !!!!!!!

County Court bailiffs | Warrant of control | National Debtline

How to stop bailiffs coming into your home and what to do if you receive a warrant of control. Free advice on dealing with County Court bailiffs.

nationaldebtline.org

 

[IanSuth]

snap

 

[japancool]

snap

Gotta be quick on the draw!