Council Claim To Have Not Received My Representations

[balli hi]

I received another parking fine for footway parking at the end of June, this time from Redbridge council, i was advised that i would lose the last one should i go to Adjudication, it was issued to me on my Birthday of all days back in April by Wandsworth Council via a fixed CCTV camera when i stopped to let the customer in my Taxi use an ATM in the early hours of the 8th April, i parked within the entrance of a petrol garage ( on the drop kerb ) between the pavement, but to my surprise its still classed as Footway Parking, and as my customer took almost 5 minutes to return i was advised by our legal eagle at the LTDA to pay up the £60 being demanded after my appeal had been rejected by the Council, because i would almost certainly lose should i choose to go to adjudication and then the fine would double to £120, so i duly payed up the £60 .

I was none too pleased then when i received yet another PCN this time from Redbridge Council in July, Basically i stopped outside some shops which had parking bays marked out in front of them, the road in front of the shops is enforced by single yellow lines which run along the length of the drop kerb in front of the shops, so i stopped and started to reverse into a bay in front of the shop i intended to visit, i had two wheels at this point approx two feet over the kerb edge, i noticed a sign in the shop window stating that unauthorised parked vehicles would be wheel clamped, so i quickly ran into the shop and asked if i could park, then ran straight back out and reversed into the bay, what i didn't know was that a smart car was parked up the road with his camera zoomed in on my car, so the moment i stepped from the car to seek permission to park i was filmed and then subsequently issued with a PCN through the post, the CCTV footage ( their evidence ) lasts just 6 seconds, it simply shows the camera trained on my number plate, then it pans out as i come out of the shop and cuts off as i get behind the wheel, the camera operator rather conveniently edits the part where i reverse park into the bay. I was advised after contacting the LTDA that i had excellent grounds for appeal.

I requested to view the CCTV footage and my PCN was put on hold until i had done so on the 26th of August, i was then given 10 days to make representations or pay them £55 for the alleged contravention, i posted my representations to them via recorded delivery which they received and signed for on the 1st of September, so to my surprise i received a charge certificate on the 9th stating that the fine had now reverted to the full amount of £110 plus interest of £55 totaling £165 they give a list of reasons as to why a charge certificate has been issued but are not specific as to which one, i phoned them straight away and explained that i had sent in my representations on time by recorded delivery and i had proof that the item had been delivered and signed for on the 1st september, i was forced to hang on the line while they checked to see if they had indeed received my representations, but the guy came back and said they had not received anything, there was nothing on computer or in writing, but he explained that because i had proof of postage and delivery he would revert the fine back to £55 pending me emailing him my representations, once received a judgement would be made on whether to accept my representations or reject them, now because of the fact that they had already conveniently lost my written reps and had only given me verbal assurances that the fine had reverted back to £55 until they send me notification of their decision, i decided to phone them again today just to double check, well i was told that the fine was still at the increased rate of £110 plus interest :ffs: :censor: , to cut a long story short i was again assured after explaining my phone call to one of his colleagues last friday that he would also revert the fine back and it was now back at £55, i then demanded written confirmation but was told that they will not provide written proof and i will have to wait to receive their decision on my representations ....... whats the betting that the next thing i receive will be a county court order, i have taken Legal advice now and been told for now i will have to wait and see what happens, be it a letter of rejection etc or a county court order, if its the latter i am to get back in touch for further advice and go from there :censor: .

[Parts-King]

Seems to me like they think it will be easier for you if you just pay, they have messed you around so many times!

Surely these appeals must work both ways, if you have a signature for a letter received, then surely you must have additional time to sort it out. Is there some sort of supervisor or ombudsman you could write to? Seems to me they are not much better at doing their job than wheel clampers

Kingo

[balli hi]

Seems to me like they think it will be easier for you if you just pay, they have messed you around so many times!

Surely these appeals must work both ways, if you have a signature for a letter received, then surely you must have additional time to sort it out. Is there some sort of supervisor or ombudsman you could write to? Seems to me they are not much better at doing their job than wheel clampers

Kingo

Like i said Kingo the LTDA advised me to appeal because the councils evidence is very short, in my appeal i also stated that they had failed to identify exact location because the road they have nicked me on runs through two separate post codes, they have simply stated High Road but no post code, also they are obliged to erect warning signs that comply to the ICO code of practice to inform drivers that CCTV enforcement is being conducted, there are none in the area where i was filmed.

I have read that some councils will employ underhand tactics in order to separate you from your hard earned cash if they feel that you have a valid case, the fact that they say they have not received my reps when i have proof of delivery is a case in point, rather than allow my appeal they have denied receipt of my reps and gone to the next stage, it makes me laugh when people side with this filthy scum and say that they are simply doing their jobs.....like F :censor: K are they, and like you said, they are no better than wheel clampers

[Parts-King]

Can you write to a supervisor in that department cataloguing all these errors and with details of your recorded delivery? surely a firm but polite letter might do the job, it seems to me like they want you to get fed up and pay up

Kingo

[Raistlin]

Say the word and we'll go a do them...

[balli hi]

Can you write to a supervisor in that department cataloguing all these errors and with details of your recorded delivery? surely a firm but polite letter might do the job, it seems to me like they want you to get fed up and pay up

Kingo

In short Kingo, the answer is NO i have been assured by them that all phone calls are recorded and their assurances to me will have been recorded, so i could use that as my evidence if need be etc, but whats to say that they won't mysteriously lose my recorded phone conversations as well, i don't trust them as far as i could throw them, so have no choice but to sit and wait.

PS

i faxed them a copy of the royal mail delivery receipt today showing time date and signature, despite the council telling me that i didn't need to

[Red diesel]

sorry to hear of your troubles Balli hi

Sadly its all to easy for them to say - computer says no or we didn't get it.

Its an unfortunate reality that honesty and integrity of some people can't fully be trusted

these days. Meaning that unfortunately its very easy for them to lie (oops are we even allowed use that word these days ) and say we didn't get when infact they might even have it in front of them.

The amount of times that ive heard stories about companies/individuals claiming that they don't have the documentation been sought (and how their top spec system ensures there is no chance of it having arrived without they knowing) and then the documentation suddenly "appearing" is ridiculous. Amazingly in this case not being able to find the relevent paperwork means - they get more money - what a truly amazing coincidence.

Hope you get sorted soon

Red diesel

[Raistlin]

It's OK Balli is awash with money... After all he is a Black Cabbie

[balli hi]

sorry to hear of your troubles Balli hi

Sadly its all to easy for them to say - computer says no or we didn't get it.

Its an unfortunate reality that honesty and integrity of some people can't fully be trusted

these days. Meaning that unfortunately its very easy for them to lie (oops are we even allowed use that word these days ) and say we didn't get when infact they might even have it in front of them.

The amount of times that ive heard stories about companies/individuals claiming that they don't have the documentation been sought (and how their top spec system ensures there is no chance of it having arrived without they knowing) and then the documentation suddenly "appearing" is ridiculous. Amazingly in this case not being able to find the relevent paperwork means - they get more money - what a truly amazing coincidence.

Hope you get sorted soon

Red diesel

Thanks for your kind words Red , i hope i get it sorted too, i'd be a liar if i said it wasn't stressing me out, i can only hope they come clean and play it by the book but i won't hold my breath, i have been advised that if they issue a county court order i can still demand to go to adjudication and they have to allow it, once there i can produce proof of delivery and the adjudicator should revert the PCN back to £55, he will then make a decision as to whether my appeal is to be allowed or denied.

I'll keep you guys posted as things develop

EDIT

You know, the thing that pees me off the most is that these Parking Enforcement people within the Council can act with total impunity , they are untouchable, all the cards are stacked in their favour, they can put you through the wringer cos they have nothing to lose, we have everything to lose and could be hit in the pocket hard, but if the decision go's against them they just wipe their mouth and move on to the next victim

[balli hi]

It's OK Balli is awash with money... After all he is a Black Cabbie

that's news to me, i thought i was white, although i do have a suntan :!Removed!:

[junebug1701]

Now I know why James Bond had those rotating number plates....

[caveman_si]

In short Kingo, the answer is NO i have been assured by them that all phone calls are recorded and their assurances to me will have been recorded, so i could use that as my evidence if need be etc, but whats to say that they won't mysteriously lose my recorded phone conversations as well, i don't trust them as far as i could throw them, so have no choice but to sit and wait.

PS

i faxed them a copy of the royal mail delivery receipt today showing time date and signature, despite the council telling me that i didn't need to

Balli If they have said that your conversation to them was recorded then I would do a data protection request now to request copies of all of your conversations with them. This will have a few effects, cause them some grief, let them know you are serious about fighting the charges, it will also give you evidence that they are messing you about. It also has the added benefit that if they arent able to supply the data in the correct times then they might be under sticky ground under the Data protection act.

Also no waiting about get the request in early as if they have erase policy then they can get ride of the recording with no come back but deleting it early causes issues for them under the DPA.

Hope you sort it soon.

[balli hi]

Balli If they have said that your conversation to them was recorded then I would do a data protection request now to request copies of all of your conversations with them. This will have a few effects, cause them some grief, let them know you are serious about fighting the charges, it will also give you evidence that they are messing you about. It also has the added benefit that if they arent able to supply the data in the correct times then they might be under sticky ground under the Data protection act.

Also no waiting about get the request in early as if they have erase policy then they can get ride of the recording with no come back but deleting it early causes issues for them under the DPA.

Hope you sort it soon.

Thanks for that, excellent advice

I have just phoned them and requested a copy of all of my telephone conversations with them, they told me that i would have to put my request in writing, and i will do that as a matter of urgency.

They also said that i could email them for confirmation that the penalty charge is at present £55 and not £110, and it will remain at £55 until they reach a decision as to whether to accept my reps or reject them, the person i spoke to today said that if i receive a letter of rejection then the penalty charge will revert to the increased rate of £110, this i know to be incorrect because if they send me a rejection notice of my reps i know for fact that i should be given the opportunity to either pay the original charge of £55 or take my case to the adjudicators, the increased rate of £110 should only come into force if the Adjudicator finds against me and denies my appeal, so i have emailed them as requested for confirmation that my PCN is at present £55 and to also confirm that should my Reps be rejected that the penalty charge will remain at £55 until such time as i appeal to the Adjudicators and the adjudicator makes a decision.

Thanks again for your solid advice and good wishes

[balli hi]

Finally at last i have confirmation from Redbridge Council via email that the PCN is at present £55 and on hold until they reach a decision on my Reps, thank god for that, at least it takes a bit of pressure off me for now, in the meantime i have demanded a copy of all my telephone conversations with them, this i have sent in writing and via recorded delivery, it will be interesting to see if they acknowledge receipt this time, and hopefully will give them a bit of added grief in return in dealing with my case.

Interestingly enough, my PCN guru and adviser at the LTDA has written an article in the latest edition of Taxi magazine entitled Stand And Deliver in reference to money grabbing councils who penalise our every move whilst we go about the daily task of trying to do our job.

Here's the link to the article, which gives tips in how to appeal a PCN, click on the link and scroll to Stand And Deliver

http://www.taxinewspaper.co.uk/downloads/Taxi_251.pdf

Or alternatively i have copied and pasted the article below.

There was a time when the

person with a hand on your

takings was a bilker, mugger

or opportunist thief. Now,

the biggest hand and threat

to your takings is no longer these low

lives; no, it’s those who use every

inch (often literally) of the law to grab

your money - the London boroughs!

They employ modern day

highwaymen and women who

either gaze at banks of screens

hoping for a minor indiscretion to

brighten up their day, or send them

out on their trusty steeds (the

Smart car) to lay in wait for their

next victim …. YOU!

Do you remember when a punter

would ask you to ‘just stop here

while I pick up my cleaning, driver’ or

‘let me just get a newspaper, driver’

or ‘I just need to stop at that cash

point so that I can pay you, driver’?

Well ok, so that one or two minute

stop may have contravened the

parking regulations, but a traffic

warden (now known as a Civil

Enforcement Officer) who could

clearly see what was happening,

often used a bit of discretion and

gave you a few minutes grace.

Common

sense, I think we

used to call it! Ah,

those were the days!

Basically those were

the days before local authorities

became enlightened as to how much

money they could grab off you and

the rest of the public.

As a golfer, I liken it to the

difference between playing a friendly

round with a mate to a proper

competition. If you lose a ball whilst

in a friendly, you might ‘just put

another one down’. Golfers will know

that is strictly speaking against the

rules, and you must go back to

where you last played the shot and

hit another ball (stroke and distance).

In a competition that’s exactly what

you do; apply the strict rules of golf.

Well the boroughs apply the strict

rules of the law at all times, with no

regard to common sense.

The thing is these highwaymen

don’t always get the right evidence to

win a case. There have been many

examples, and over recent years the

LTDA has advised many members on

how to win such cases. So,

sometimes we may have erred a little

and common sense should be

applied but it isn’t. What do we do?

We should appeal all and any where

we feel there is justification. If

nothing else it will gum up the works!

For example, if you look at video

evidence and it shows you just sitting

at the kerbside, clearly you were

setting down. Obviously it was that

time when you had to change a £50

note. As you know it does take two

or three minutes. If that appeal is

rejected you have to decide whether

to make it ‘double or quits’ and go to

the Parking and Traffic Appeals

Service (PATAS).

You need to go in person (it’s

located at the Angel), and persuade

the adjudicator that you were simply

setting down. Eight out of ten will

give you the benefit of the doubt. Not

bad odds? Let’s look at the current

‘hot spots’.

Mallet Street

Camden’s current cash generator!

You know it’s a no right turn into

Torrington Place. I know you were

forced into Mallet Street and need to

go east and there is no alternative. I

think they call it a honey trap! No,

make that a money trap!

Anyway, they don’t even bother to

get the right evidence of you passing

the ‘no right turn’ sign. They use a

camera in Torrington Place and the

only sign in the film is a no entry! You

might want to appeal ‘Camden has

provided no evidence of my vehicle

passing a sign banning a right

turn’. I reckon 8 out of 10

adjudicators will agree with you, but

you have to take the time to appeal.

Piccadilly

The box junction at Piccadilly with

Berkeley Street is a massive

revenue raiser for Westminster. Yes,

I know the road works and the traffic

lights don’t allow enough traffic out.

What did you think they would do,

alter the phasing of the lights? Now

why would they do that if they can

raise millions from Joe Public?

Legalised theft? Yes I think so.

If you should get one of these little

gems you will notice that

Westminster often fails to name the

precise junction on the PCN. It

should say ‘Piccadilly and Berkeley

Street’, but the PCN may just state

‘Piccadilly cctv’. Once again, most

adjudicators will agree.

Old Broad Street

This really is a micky take by the

City. One day they might explain to

me where I set down old Mrs Smith

and her bags if she wants to gain

access to Liverpool Street Station.

Oh, I know, I’ll take her round to

Primrose Street and whack another

two quid on the fare!!

Anyway, once again the Smart

car highwayman has screwed up.

He lays in wait in Liverpool Street

and films you setting down poor

old Mrs Smith, then you doing a U

turn. The fact is he does not film

you going past the sign in the first

place because all the signs are

facing the other way! You might

want to appeal accordingly. The

adjudicator should throw it out,

but hey, at least it will take a few

months longer for them to get their

hands on your money.

I guess the bottom line is, sadly,

you can no longer wait for

passengers for ANY reason. You

can’t stop at cash machines, even

to get paid and obviously you must

obey all road signs. Trying to get

Mrs Smith to her destination via a

reasonable route is no longer viable.

Go the long way around and advise

her to complain to the local

authority. Basically you must apply

the letter of the law, using no

common sense. If not, you might

just as well stand and deliver!!

Bye for now, don’t forget to keep

them doors locked and if in doubt

keep them out!

[Raistlin]

If you paste copy into notepad then paste it, it won't be 100 yards long...

[balli hi]

If you paste copy into notepad then paste it, it won't be 100 yards long...

I would if i could find it

[balli hi]

Well i posted my request for a copy of all telephone conversations to the council and it was received and signed for by them on the 16th of September, i phoned the council again today to ask as to why i had not received a reply as of yet, i was informed that they do not send out copies of telephone conversations, so why then did they tell me to put my request in writing only to now tell me they do not send out such information ?, as far as i can make out under section 2a of the Data Protection Act 1998, as long as i put my request in writing i am entitled to receive such information, so because they have now refused, i am wondering what my next move should be, i,e which authority i can contact to make a complaint against Redbridge Council for refusing me my rights ? .

Data Protection Act 1998

7 Right of access to personal data.

(1)Subject to the following provisions of this section and to [F1sections 8, 9 and 9A], an individual is entitled—

(a)to be informed by any data controller whether personal data of which that individual is the data subject are being processed by or on behalf of that data controller,

(b)if that is the case, to be given by the data controller a description of—

(i)the personal data of which that individual is the data subject,

(ii)the purposes for which they are being or are to be processed, and

(iii)the recipients or classes of recipients to whom they are or may be disclosed,

©to have communicated to him in an intelligible form—

(i)the information constituting any personal data of which that individual is the data subject, and

(ii)any information available to the data controller as to the source of those data, and

(d)where the processing by automatic means of personal data of which that individual is the data subject for the purpose of evaluating matters relating to him such as, for example, his performance at work, his creditworthiness, his reliability or his conduct, has constituted or is likely to constitute the sole basis for any decision significantly affecting him, to be informed by the data controller of the logic involved in that decision-taking.

(2)A data controller is not obliged to supply any information under subsection (1) unless he has received—

(a)a request in writing, and

(b)except in prescribed cases, such fee (not exceeding the prescribed maximum) as he may require.

[F2(3)Where a data controller—

(a)reasonably requires further information in order to satisfy himself as to the identity of the person making a request under this section and to locate the information which that person seeks, and

(b)has informed him of that requirement,

the data controller is not obliged to comply with the request unless he is supplied with that further information.]

(4)Where a data controller cannot comply with the request without disclosing information relating to another individual who can be identified from that information, he is not obliged to comply with the request unless—

(a)the other individual has consented to the disclosure of the information to the person making the request, or

(b)it is reasonable in all the circumstances to comply with the request without the consent of the other individual.

(5)In subsection (4) the reference to information relating to another individual includes a reference to information identifying that individual as the source of the information sought by the request; and that subsection is not to be construed as excusing a data controller from communicating so much of the information sought by the request as can be communicated without disclosing the identity of the other individual concerned, whether by the omission of names or other identifying particulars or otherwise.

(6)In determining for the purposes of subsection (4)(B) whether it is reasonable in all the circumstances to comply with the request without the consent of the other individual concerned, regard shall be had, in particular, to—

(a)any duty of confidentiality owed to the other individual,

(b)any steps taken by the data controller with a view to seeking the consent of the other individual,

©whether the other individual is capable of giving consent, and

(d)any express refusal of consent by the other individual.

(7)An individual making a request under this section may, in such cases as may be prescribed, specify that his request is limited to personal data of any prescribed description.

(8)Subject to subsection (4), a data controller shall comply with a request under this section promptly and in any event before the end of the prescribed period beginning with the relevant day.

(9)If a court is satisfied on the application of any person who has made a request under the foregoing provisions of this section that the data controller in question has failed to comply with the request in contravention of those provisions, the court may order him to comply with the request.

(10)In this section—

“prescribed” means prescribed by the [F3 Secretary of State] by regulations;

“the prescribed maximum” means such amount as may be prescribed;

“the prescribed period” means forty days or such other period as may be prescribed;

“the relevant day”, in relation to a request under this section, means the day on which the data controller receives the request or, if later, the first day on which the data controller has both the required fee and the information referred to in subsection (3).

(11)Different amounts or periods may be prescribed under this section in relation to different cases.

[F4(12)A person is a relevant person for the purposes of subsection (4)© if he—

(a)is a person referred to in paragraph 4(a) or (B) or paragraph 8(a) or (B) of Schedule 11;

(b)is employed by an education authority (within the meaning of paragraph 6 of Schedule 11) in pursuance of its functions relating to education and the information relates to him, or he supplied the information in his capacity as such an employee; or

©is the person making the request.]

[F5(12)A person is a relevant person for the purposes of subsection (4)© if he—

(a)is a person referred to in paragraph 1(p) or (q) of the Schedule to the Data Protection (Subject Access Modification) (Social Work) Order 2000; or

(b)is or has been employed by any person or body referred to in paragraph 1 of that Schedule in connection with functions which are or have been exercised in relation to the data consisting of the information; or

©has provided for reward a service similar to a service provided in the exercise of any functions specified in paragraph 1(a)(i), (B), © or (d) of that Schedule,

and the information relates to him or he supplied the information in his official capacity or, as the case may be, in connection with the provision of that service.]

[Jan&tone]

Truth be known although they say that calls MAY be recorded you may well find that even if they are, they are not saved for more than a couple of days... Therefore it may not be possible for them to send you a transcript, not that they would admit that of course...

[balli hi]

I have just found the ICO website (Information Commissioners Office) As far as i can make out, the council have to respond to my request in writing within 20 days, if they refuse my request then they have to send me a refusal in writing. http://www.ico.gov.uk/for_the_public/official_information/how_access.aspx

How can I access official information?

What can I request?

The Freedom of Information Act and Environmental Information Regulations give you rights to access official information. The Environmental Information Regulations give you specific rights to obtain environmental information.

You have a right to request any recorded information held by a public authority, such as a government department, local council or state school. Environmental information requests can also be made to certain non-public bodies carrying out a public function.

You can ask for any information you think a public authority may hold. The right only covers recorded information which includes information held on computers, in emails and in printed or handwritten documents as well as images, video and audio recordings.

You should identify the information you want as clearly as possible.

Your request can be in the form of a question, rather than a request for specific documents, but the authority does not have to answer your question if this would mean creating new information or giving an opinion or judgement that is not already recorded.

Some information may not be given to you because it is exempt, for example because it would unfairly reveal personal details about somebody else.

You don’t have to know whether the information you want is covered by the Environmental Information Regulations or the Freedom of Information Act. When you make a request, it is for the public authority to decide which law they need to follow.

What happens after I make my request?

The authority must reply to you within 20 working days. It may:

give you the information you’ve asked for;

tell you it doesn’t have the information;

tell you that another authority holds the information or transfer the request on your behalf;

under the Freedom of Information Act, say that it has the information and offer to provide it if you pay them a fee (but there are rules about what they can charge);

under the Environmental Information Regulations, make a reasonable charge for providing information in accordance with their published schedule of charges. Note: If the authority allows you to view a public register or other information in person, at a place of their choice, it cannot charge for this;

refuse to give you the information, and explain why; or,

under the Freedom of Information Act, say that it needs more time to consider the public interest in disclosing or withholding the information, and tell you when to expect a response. This should not be later than 40 working days after the date of your request. It can only extend the time limit in certain circumstances, and it must explain why it thinks the information may be exempt;

under the Environmental Information Regulations, say that it needs more time as the information requested is particularly complex and there is a lot of information to provide. In such cases the time limit can be extended by a further 20 working days as long as the authority respond within the initial time limit stating when it believes it will be able to respond in full.

Will I always get the information I ask for?

Not always. The Freedom of Information Act recognises that there will be valid reasons why some kinds of information may be withheld, such as if its release would prejudice national security or damage commercial interests. For some exemptions the public authority must consider whether the public interest in withholding the information outweighs the public interest in releasing it. If it decides that the information cannot be released it must tell you and explain why. Public authorities are not obliged to deal with vexatious or repeated requests or in some cases if the cost exceeds an appropriate limit. In addition the Act does not provide the right of access to personal information about yourself. This is instead available under the Data Protection Act again, subject to certain exemptions, and is known as a subject access request.

Can I complain if a public authority refuses my request or I am dissatisfied with the way it has been dealt with?

Yes. You should first complain to the authority and ask it to conduct an internal review. For freedom of information complaints we recommend that you do this as soon as possible and within two months of receiving the authority’s final response

For environmental information complaints you should make your complaint within 40 working days.

The Information Commissioner’s Office recommends that public authorities carry out internal reviews within 20 working days. Under Environmental Regulations Information there is a legal requirement that internal reviews must be carried out as soon as possible and within 40 working days. The authority cannot charge for carrying out an internal review.

If you believe that the public authority has not dealt with your complaint properly, or if it does not have a complaints procedure, we may be able to help.

[Red diesel]

I just hate it when people are assigned to do a job but can't be bothered doing it properly, i mean at the end of the day i will openly admit that as a student im not always the most amazing and dillegent in terms of attending to things like studying. But i am working to address my difficulties in studying (mainly related to trying to work my way through seriously heavy going text books - its as the people who write them think - lets see how hard we can make it for the lads studying :ffs: ). But my apologies for going off topic - now where was i - yes people who don't do their job properly.

My abilities at studying to amazing standards (or lack off) will only effect one person if things go pearshaped as a result - ME, but for the people at the council - how they do their job or not as the case may be - directly impacts on hard working people like Balli hi. So youd think theyd attend to their duties with dilligence, honesty and integrity. I get the impression right or wrongly (and sincerest apologies if im wrong) that certain individuals are reciving balli his letters and not bothering to do any thing with them. Because a number of letters have been sent and a number of telephone calls made and still not where Balli hi wants to be - i sadly arrive at the conclusion that people in high office are aware of Balli his situation but whether due to incompetence, carelessness or just deliberately being awkward (ie hoping Balli hi will give up the fight and just pay the fine) they are not bothering to address the issues.

Most annoying - and i hope Balli hi - you will get sorted out satisfactually soon

Red diesel

[balli hi]

I just hate it when people are assigned to do a job but can't be bothered doing it properly, i mean at the end of the day i will openly admit that as a student im not always the most amazing and dillegent in terms of attending to things like studying. But i am working to address my difficulties in studying (mainly related to trying to work my way through seriously heavy going text books - its as the people who write them think - lets see how hard we can make it for the lads studying :ffs: ). But my apologies for going off topic - now where was i - yes people who don't do their job properly.

My abilities at studying to amazing standards (or lack off) will only effect one person if things go pearshaped as a result - ME, but for the people at the council - how they do their job or not as the case may be - directly impacts on hard working people like Balli hi. So youd think theyd attend to their duties with dilligence, honesty and integrity. I get the impression right or wrongly (and sincerest apologies if im wrong) that certain individuals are reciving balli his letters and not bothering to do any thing with them. Because a number of letters have been sent and a number of telephone calls made and still not where Balli hi wants to be - i sadly arrive at the conclusion that people in high office are aware of Balli his situation but whether due to incompetence, carelessness or just deliberately being awkward (ie hoping Balli hi will give up the fight and just pay the fine) they are not bothering to address the issues.

Most annoying - and i hope Balli hi - you will get sorted out satisfactually soon

Red diesel

Thanks for your support Red, its much appreciated i wish you all the very best in your studies and hope you achieve your goals

[Red diesel]

I just hate it when people are assigned to do a job but can't be bothered doing it properly, i mean at the end of the day i will openly admit that as a student im not always the most amazing and dillegent in terms of attending to things like studying. But i am working to address my difficulties in studying (mainly related to trying to work my way through seriously heavy going text books - its as the people who write them think - lets see how hard we can make it for the lads studying :ffs: ). But my apologies for going off topic - now where was i - yes people who don't do their job properly.

My abilities at studying to amazing standards (or lack off) will only effect one person if things go pearshaped as a result - ME, but for the people at the council - how they do their job or not as the case may be - directly impacts on hard working people like Balli hi. So youd think theyd attend to their duties with dilligence, honesty and integrity. I get the impression right or wrongly (and sincerest apologies if im wrong) that certain individuals are reciving balli his letters and not bothering to do any thing with them. Because a number of letters have been sent and a number of telephone calls made and still not where Balli hi wants to be - i sadly arrive at the conclusion that people in high office are aware of Balli his situation but whether due to incompetence, carelessness or just deliberately being awkward (ie hoping Balli hi will give up the fight and just pay the fine) they are not bothering to address the issues.

Most annoying - and i hope Balli hi - you will get sorted out satisfactually soon

Red diesel

Thanks for your support Red, its much appreciated i wish you all the very best in your studies and hope you achieve your goals

[Jamesbelfast]

As telephone conversations involve at least two persons both parties must agree that the information can be released.

The DPA states.

Where a data controller cannot comply with the request without disclosing information relating to another individual who can be identified from that information, he is not obliged to comply with the request unless—

(a)the other individual has consented to the disclosure of the information to the person making the request, or

(b)it is reasonable in all the circumstances to comply with the request without the consent of the other individual.

In this case the Data Controller on the Council may not think it is reasonable in your particular situation but if that is the case they should clearly say so in writing.

[balli hi]

As telephone conversations involve at least two persons both parties must agree that the information can be released.

The DPA states.

Where a data controller cannot comply with the request without disclosing information relating to another individual who can be identified from that information, he is not obliged to comply with the request unless—

(a)the other individual has consented to the disclosure of the information to the person making the request, or

(b)it is reasonable in all the circumstances to comply with the request without the consent of the other individual.

In this case the Data Controller on the Council may not think it is reasonable in your particular situation but if that is the case they should clearly say so in writing.

Your probably right James, after reading through the DPA info i kind of came to that conclusion, that said it does look like a grey area because how can i identify the councils adviser operator by their voice alone, i,e you can't find out someones full name and address by listening to their voice, anyway i intend to wait 20 days from when they received my written request and then make a complaint to Redbridge Council and request an internal review, this they are legally obliged to undertake and they cannot pass on the cost to me.... why am i doing this ? , for no other reason than to be a pain in the ar-se , it'll cost them time and resources and make me feel better in the process, an eye for an eye so to speak.

In the meantime i have received the councils reply to my Reps this afternoon and i'll update the thread separately in my next post

[balli hi]

OK the executioner at Redbridge Councils CCTV Enforcement Office has given me his/her verdict on my Reps........REJECTED :censor: no surprises there then, not only has he/she given me a precise and clear breakdown of all the points i have raised (and dismissed them) but they have also gone to the trouble of including copies of their 'Approved Devices' fixed and mobile CCTV certificates from the Traffic Management Act 2004.

So i got back on the phone to my LTDA rep and went through everything in my notice of rejection letter with him, including their evidence in the original (notice to owner) PCN, which clearly shows my vehicle to have two wheels approx 2 feet over the curb edge, my adviser/LTDA rep has now shifted his stance and stated that despite the CCTV footage showing me parked for just under six seconds, it still shows me as being parked, which he now states is all the evidence they need, the choice i now have to make is whether or not to appeal to P.A.T.A.S (parking and traffic appeals service) or cough up £55, he now puts my chances at less than 50% if i appeal and feels that my chances of convincing an adjudicator that i was not parked are slim because i was PARKED for approx 5 seconds and in the eyes of the law regardless of how long, an adjudicator would probably find in favour of the council, but as he put it, its double or quits, and my odds of winning in his opinion are less than 50%, so the choice is mine, cough up, or gamble at less than favourable odds :censor: .

So i'll put it out to you guys although i have pretty much made up my mind what i will do, should i pay up now or gamble at PATAS ?, i have 14 days to respond to their letter dated 26/09/2011 , so 12 days to go ! . (this is just a bit of fun guys, come on let me know your thoughts, i'e pay up or appeal, as said i have pretty much made up my mind so won't be influenced either way)