Reclaiming charges from newlyn

[bluebottle]

Re: Reclaiming charges from newlyn

Mr Adamji's lack of familiarity with and understanding of the Pre-Action Protocols and Over-Riding Principle of the Civil Procedures Rules is alarming. Does he not understand that failure or, indeed, refusal to comply can have an impact on any defence LB of Harrow attempted to put up?

I concur with F-P about the "warrants" LB of Harrow produced prior to 12 April 21011. A warrant that does not comply with legal requirements pertaining to its issue and execution is unenforceable per se. In layman's terms, the warrant is "not worth the paper it is printed on". LB of Harrow, therefore, has no choice but to refund everyone who has suffered financial or material loss prior to 12 April 2012. I have a sneaking suspicion the total sum involved could be substantial.

[bizzybob]

Re: Reclaiming charges from newlyn

Mr Adamji's lack of familiarity with and understanding of the Pre-Action Protocols and Over-Riding Principle of the Civil Procedures Rules is alarming. Does he not understand that failure or, indeed, refusal to comply can have an impact on any defence LB of Harrow attempted to put up?

I concur with F-P about the "warrants" LB of Harrow produced prior to 12 April 21011. A warrant that does not comply with legal requirements pertaining to its issue and execution is unenforceable per se. In layman's terms, the warrant is "not worth the paper it is printed on". LB of Harrow, therefore, has no choice but to refund everyone who has suffered financial or material loss prior to 12 April 2012. I have a sneaking suspicion the total sum involved could be substantial.

They will probably refuse on policy and floodgates grounds, saying that the offences had been committed, so the penalties were morally and ethically fair, and would have to increase Council Tax 20% to cover it.

They need to be taken to the cleaners in public.

[wales01man]

Re: Reclaiming charges from newlyn

Why are the council employing people who don't know the rules and have this guys attitude?

[bizzybob]

Re: Reclaiming charges from newlyn

Why are the council employing people who don't know the rules and have this guys attitude?

Because they are all in a nice cosy Grauniad reading pinko world. No seriously they have a mantra of covering backs and toughing it out if they get it wrong, as in we are the council so we are right even when we are wrong. Due to union agreements council officials are virtually unsackable also.

[bluebottle]

Re: Reclaiming charges from newlyn

They will probably refuse on policy and floodgates grounds, saying that the offences had been committed, so the penalties were morally and ethically fair, and would have to increase Council Tax 20% to cover it.

They need to be taken to the cleaners in public.

They don't have any choice in the matter, BB. If they have taken money and levied charges they were not legally-entitled to take and levy, they became liable to refund these monies or restore goods the moment they became aware their actions were unlawful or illegal. The argument about offences being committed, so penalties were ethical and fair, would not, in my view, stand up to the rigours of cross-examination. As for them trying to solicit public sympathy by claiming CT would have to be increased by 20% to cover it, I doubt very much that would wash with most people. Unless they have the hides of rhinos, the silly burghers of Harrow would be given a hard time by the residents of the borough and the MPs whose constituencies cover LB of Harrow are going to get it in the neck, too. People have had enough of central and local government excesses, abuses and corruption and I cannot honestly see the residents of LB of Harrow putting up with paying the salary of people like Mr Adamji and his attitude problem for much longer.

[bizzybob]

Re: Reclaiming charges from newlyn

I agree witn you BB, but I think my explanation of the council mindset and why they think as they do has some merit, the fact that they are deluded in thinking they are above the law, and that as they are the council it doesn't apply to them is misguided at best, they are complete loonies at worst

[bluebottle]

Re: Reclaiming charges from newlyn

I agree witn you BB, but I think my explanation of the council mindset and why they think as they do has some merit, the fact that they are deluded in thinking they are above the law, and that as they are the council it doesn't apply to them is misguided at best, they are complete loonies at worst

I am not criticising your critique at all, BB. You are, in all probability, spot-on in your assessment of LB of Harrow's collective mindset. However, describing them as misguided is, perhaps, being a little too kind to them. Self-delusion is more nearer the reality and, consequently, your description of them as complete loonies is a bit closer, though, I suspect some parts are missing.

[bizzybob]

Re: Reclaiming charges from newlyn

I am not criticising your critique at all, BB. You are, in all probability, spot-on in your assessment of LB of Harrow's collective mindset. However, describing them as misguided is, perhaps, being a little too kind to them. Self-delusion is more nearer the reality and, consequently, your description of them as complete loonies is a bit closer, though, I suspect some parts are missing.

Be nice to see them here though :incourt::juge:

[bluebottle]

Re: Reclaiming charges from newlyn

Be nice to see them here though :incourt::juge:

It is going to come, sooner or later, BB. The public will only tolerate so much before something gives. The CP nutters have this deluded fantasy that there will be riots on the streets. They really are that deluded. People have twigged what is going on and they are more likely to resort to beating the crap out of local authorities in the courts rather than taking to the streets.

[labman]

Re: Reclaiming charges from newlyn

Do I detect a subtle shift in your stance on this? I'm not even tempted to put up my piggy flying display

I've almost lost track of this cos of the banter - any chance of trying to stick more to topic for the sake of a meagre Labman's brain? :beagle:

[bizzybob]

Re: Reclaiming charges from newlyn

Do I detect a subtle shift in your stance on this? I'm not even tempted to put up my piggy flying display

I've almost lost track of this cos of the banter - any chance of trying to stick more to topic for the sake of a meagre Labman's brain? :beagle:

Sorry LM, the above banter is/was teasing out in the light of FP's revelation the extent and seriousness of the lawbreaking by LB Harrow and their appointed Agents, in fact Op has a good casem against them withn the correspondence he has had from them show LB Harrow have stitched themselves up like a kipper, and left themselves wide open for a claim against them

[Fair-Parking]

Re: Reclaiming charges from newlyn

I owe Labman a reply to post 51. Sorry to say but through long experience I have developed a jaundiced view of local authority parking representatives through their aggressive and/or indifference to all complaints, I take the view that any attempt to engage with them is likely to be a waste of time. CEOs in particular seem to be blind to any misfeasance within their staff.

I should also add that Harrow/Newlyn is a particularly odious double act the likes of which the CEO is only too aware of. In February 2011 and along with 10 other local authority CEOs, I sent him a copy of HHJ Platt's judgments which outlined why Newlyn director David Smith was actually in contempt of his court through lying. All were asked why they were dealing with a company whose director had been adjudged to be in contempt of court. None bothered to reply and all still use Newlyn.

However Harrow sunk even lower through its master of disdain and indignity - Fern Silverio - who not only thought collusion with Newlyn was correct - but actually went so far as applying a surcharge of 10% on all bailiff collections. That's more money for the public to find even though none have ever acted criminally. Silverio knows that classing penalty charge income as revenue is illegal but actually introduced what is clearly an illegal policy - not on the merits of traffic management which is his authority to introduce parking policy - but on maximising Harrow's revenue. He made the conscious decision to extend dealings with Newlyn - the company whom he knew had been implicated in contempt of court - so as to use such 'talents' to assist Harrow's insidious quest for income it had no right to.

Silverio then embarked on boasting about such 'triumphs' in public meetings showing that he had nothing but contempt for HHJ Platts' stern judgment. Nor it seems did he anticipate just how much of an arrogant fool he made of himself. If only egos were intelligence....

Adamji comes out as a very small and insignificant pawn in thus utter scornful policy.

The OP is better to bypass the council completely other than to go through the motions that allows him to take his case to a court or tribunal that should order Harrow to repay him.

[bluebottle]

Re: Reclaiming charges from newlyn

Do I detect a subtle shift in your stance on this? I'm not even tempted to put up my piggy flying display

I've almost lost track of this cos of the banter - any chance of trying to stick more to topic for the sake of a meagre Labman's brain? :beagle:

It would seem people are realising that using the courts to give local authorities, etc., a hiding is the correct way to bring about necessary change. 38 degrees members, about 1 million people like you and me - a number of LB members, including myself, are members - took Health Secretary Jeremy Hunt to the High Court because he attempted to close Lewisham Hospital, a very well-run hospital, in order to prop up a badly-run hospital nearby. Hunt lost. Rather than learn from his defeat, Hunt then wasted more taxpayers' money going to the Court of Appeal, only to lose yet again. Not surprisingly, Jeremy Hunt is well p*ssed-off, but it does send out a message to politicians - local and national - that when people come together, they can achieve things, including putting politicians firmly in their place and stopping them from doing things that are to the detriment of the community.

[paul floorlayer]

Re: Reclaiming charges from newlyn

Ok would it be wise to send one more email back to mr adamji getting him to reply and mark it as their final resolution then move onto an n1 claim form?

[bluebottle]

Re: Reclaiming charges from newlyn

Ok would it be wise to send one more email back to mr adamji getting him to reply and mark it as their final resolution then move onto an n1 claim form?

Hi Paul,

Fair-Parking has advised that your best course of action is to complain to the Local Government Ombudsman. Apart from postage costs and, perhaps, photocopying costs, you avoid court costs and LB of Harrow run the risk of any adjudication by the LGO being made public, which can be very embarrassing for a local authority.

In order to have a complaint accepted by the LGO, you will need to go through LB of Harrow's formal complaints procedure. Check LB of Harrow's website for details, but I suspect it is "Attitude Problem" Adamji, then the Head of Parking, followed by the Chief Executive of the Council. As long as you follow the formal complaints procedures, if only to acknowledge their responses and p*ss them off, once they give their final response, you can then refer the case to the LGO. Sometimes, asking a local authority to mark their letter "Final Response" can change their attitude, but this is rare.

Follow Fair-Parking's advice on this one.

Bluebottle