Your previous ref. PHEP/PBM/HXB/
7th March 2005
Dear Nasreen Akhtar,
Can you please confirm that you fell short of the requirements within the Code of Conduct (as described by Mr. Bartlett) by not responding within 15 working days?
- Copies of all communications, from the raising of the Excess Charge Notice to your most recent communication, where you advised me that this option (a court hearing) was available and made it abundantly clear that this was an alleged offence and that the penalty or ‘excess charge’ was only able to be pursued once there had been a conviction for the offence by the Magistrates Court?
- Reasons why you mistakenly believe I have not completed the Notice under Section 108 when it is obvious that communications with me from Newcastle City Council could not have commenced until I had done so?
- Copies of all internal communications between departments about this matter, including telephone conversations (Data Protection Act 1998)?
- You make reference to serving a summons where I would have, ‘an adequate opportunity to defend myself.’ Can you clarify whether this was to a Magistrates Court over the ‘alleged criminal offence’ or to the County Court for civil proceedings for the recovery of the ‘ Excess Charge’ of £60? If it is the latter, can you please detail the authority on which you rely, as it appears you are bypassing the criminal court procedure
I look forward to your response and look forward to taking this matter further and having it placed before a Court of Law.
I would be grateful if you could also provide me with the necessary forms to initiate the complaint about maladministration to the Local Government Ombudsman.
However, this will not be necessary should Newcastle City Council accept the fact that their Parking Regime practices are flawed and the current scheme be reviewed in order to allow any alleged offences to be challenged in the correct and proper manner, including details of the legal rights of the ‘alleged offender’on every excess charge ticket issued and every communication be conducted in an open and correct manner instead of the current threatening and intimidatory tone.