As others have already said the infringement was committed. You will need to rely on the Council's use of discretion given the mitigation you say exists.

The law provides for a specific sequence of events after the tickets were issued so that 28 days after the ticket you should be sent a 'Notice to Owner'. This gives the registered keeper the opportunity to make formal reresentations to the Council and if these are rejected there is a right of appeal to an independent tribunal. If the Council receives neither representations or payment within a further 28 days they issue a Charge Certificate. Unpaid Charge Certficates can be registered at the County Court Traffic Enforcement Centre opening the door to enforcement by Bailiffs.

Both the Notice to Owner and the Charge Certificate are formal legal documents and should be clearly headed/described as such.

The Coucil should have treated your post ticket letter as what are termed informal reresentations. Are you sure they didn't respond and that letter has gone astray in the move/redirection process?

From your description the item you have now received is the Charge Certificate so you need to act quickly. Write to the Council NOW explaining you made informal representations but heard nothing and ask them to suspend registration of the Charge Certificate, or it's issue if what you had is Notice to Owner, while they deal with that inquiry.

While I agree that anything formal needs to be in writing, and Council's generally insist on that, a phone call at earliest opportunity to ascertain where in the process your tickets are would be a good idea.

And for all this is frustrating don't get angry or abusive with the Council's officers. They have a job to do and if parking restrictions were not in place and enforced the situation would be intolerable.

Common sense has no baring on any legal finding. If you ignore the letter, matters will only esculate and penalties/costs will increase when balifs become involved and you will be chased wherver you are, its nothing to do with the DVLA or whether the car has been scrapped, any penalties/costs are against you as an individual.

Has the situation gone too far to use the appeal procedure? That is usually the only way to get a judgement where discretion and common sense can be applied. Good luck.

Concrete

Right, the document you describe sounds like the Notice to Owner (NtO) I mentioned above. HAs the 28 days expired?

Not sure what you mean about list of ways to appeal all of which you've tried. From the perspective of 'the system' there are informal representations made after ticket and before NtO. You say you had no response to these.

Formal representations follow the NtO. From what you said earlier you'd not tried that route. Contact the Council NOW and explain the NtO reached you late and ask (a) what happened to your inital post ticket letter and (b) if they will re-set the time limit for formal representations.

If you need any help contact your local Citizens Advice - if you're unemployed get them to do a benefit check too.

Thanks for the reply mate, the 28 days has passed. It's been about 47 days now, unless they mean working days.

I tried all this months ago. Tried emailing. Tried filling out online forms. Tried writing. Also phoned the council and they just put me through to an answering machine directing me to the online forms. What am I supposed to do now.

Assuming this is your local council (the one you pay council tax to) their website should show who the councillors for your ward are, together with their contact details. Get one of them to take up your case.

Still nothing from them, it said on the site they would contact me after two working days. I had another sift through the letter and it has a weblink address on it for formal representations which I just presumed was the same as the website page for appeals and paying the fine.

So I went on there and it now says it's too late and a 'Charge Notice' has been issued. This is unbelievably frustrating, is it legal to just ignore a citizen and then charge them maximum fines!!

Is it even worth sending a letter now by registered post ?

Has it gone past that point?

Edited by Free-man on 17/10/2017 at 17:58

It's Havering Council in Essex.

I sent a registered letter last week explaining the whole thing with a copy of previously unresponded to communications.

I've provided them with my email, mobile number, and a temporary address to contact me at.

I'm not in the country now so can't visit any citizen's advice clinics etc.

I'll pay the initial fines but no way i can pay increased charges, I don't have it and it's very unfair in the first place.

Sounds like a right b*****s muddle. The Citizens Advice line is always worth it, however I think I would be inclined to arrange to meet your local ward councillor. He/she should be able to approach the right person at the council to find out what is the situation to date. You couldn't make it all up could you??? Sounds like an error compounded into confusion and is now a right mess. They surely must give you some credit for attempting to sort this out for such a long time. Your local councillor is definately your next port of call. Good luck and do let us know what happens.

Cheers Concrete

Local councillor's help has already been suggested, with a pointer to the council website to find who this is, but the poster's last response states that he is "out of the country" so only possible by e-mail/letter. Too complex for a phone call, I'd think.

Just to update to all who are interested and commented on this thread. I was taken into hospital with a heart attack last week and today checking my emails got an email acknowledgement from them at long long last. Stating I just need to pay the fine which I have now done. Glad the drama is over, one less stressor now. Still, thanks for your support all who commented.

Just an update on this and please any advice if possible.

Can you believe it. Thought this was all done and dusted. Got a call from bailiffs the other week, apparently it went to court despote me sending the registered letters and paying the requested settlement. They messed up and never addressed the second fine, so it ran on, that had been my worry. The bailiff weren't interested in my story and demanded £600 off me over the phone saying there is a warrant out for it.

Very very stressed again by this. I would imagine my credit has been destroyed by this now, and although the lady said there has not been a CCJ on it, that is the next step.

I am wondering if there is any advice, am considering going to a solicitor as this is an absolute disgrace.

If you have evidence that you paid both fines you should be in a strong position: you could ask to see someone at the council offices and prove to them that you've paid in full.

No I am back in the country. Going to try Citizen's advice tomorrow if i can get 5 minutes away from my desk without someone yelping.

Should I arrange to meet a council representative face-to-face? How would I do that? Would I need to write a letter?