London Banter - View Single Post

umpston · April 15th 06, 11:35 PM posted to uk.transport.london

wrote:
wrote:
Unless a notice of intended prosecution was served at the time, a
Summons can only be issued within 6 months of the alleged offence.

You need to find out which Court they are using, and make a statutory
declaration in Court that this is the first you have heard of the
matter.

This will be the best course of action, even if without you knowing
about it, the authority managed to prove the case in your absence,
since your declaration, if accepted, will nullify the proceedings to
date, and (if they wish) they can start the process all over again, but
at least you will know about it this time, and be able to defend the
case.

Quite apart from this, the Limitation Act prohibits any debt action
after 3 years, so they are likely to be statute-barred now in any
event!

Marc.

It sounds as if no Court action has been issued - the original poster
refers to debt collection agency instructed by the local Council. If it
were a Court fine the agency would have been instructed by the
Magistrates Court. If that is the case your advice is sound, however.
Limitation period for simple civil debts is 6, not 3 years (that is
limitation for personal injuries). However, limitation - subject to
point about notice of intended prosecution - doesn't run in criminal
matters.

The poster is going to have more probs, IMHO, if no court action has
been started, and he/she is dealing with the Council. I would suggest a
telephone call 1st thing Tuesday morning to which ever dept of the
Council deals with parking fines. If that produces no result then a
letter, recorded delivery to Chief Executive, copy to Borough
Secretary/Chief Legal Advisor, saying that matter will be referred to
Local Gov Ombudsman unless claim is withdrawn immediately. Poster will
have devils own job getting the debt collectors off his/her shoulders
as they all work on commission. If they call again tell them to sod off
(politely), tell them the matter is disputed, point out they have no
right of entry and that they are trespassing.

Cliff (Solicitor, retd)

There is no recourse to the Ombudsman until after you have complained
to the council and not got a satisfactory result. Therefore make it
clear in your letter that you want it dealt with as a formal complaint.
Also find out who is the Council's Freedom of Information Officer (may
be on the website) and ask them to supply copies of all paperwork
relating to your case within the terms of the FoI Act - if they claim
to have written to you previously, they should have kept copies.