For non payment of a parking fine involving a car she no longer owned
An 69 year old woman was pursued by bailiffs for non-payment of a parking fine involving a vehicle she no longer owned.
The former owner of Devonshire Road’s Pamper Hair and Beauty Salon sold the Toyota Carina in February 2009 and notified the DVLA.
However, when the new owner incurred a number of parking fines, including one issued on Turnham Green Terrace, the council’s parking department sent the PCN to Ms Lowsley.
According to Ms Lowsley, lengthy correspondence with Hounslow Council, including proof that she was not the owner of the vehicle at the time of the offence resulted in a visit from bailiffs demanding she pay £600 and threatening to remove property from her home if she didn’t pay.
Unfortunately throughout the appeal process Ms Lowsley was taken ill and is currently in the cardiac ward of Ealing Hospital. A friend, who is still helping with her appeal, said, “Her troubles were certainly compounded by the pile of threatening demands and calls from the Bailiffs to execute this wrongful summon.”
They believe that Hounslow Council have been negligent in their duty to properly check the date of the transfer of ownership with DVLA even though after months of correspondence they now accept Ms Lowsley’s mitigation of not being the registered keeper of the vehicle at the time the above penalty charge notice issued.
However, in a letter to Ms Lowsley a Council officer noted, “If he/she disputes this, claiming that they were not the keepers of the vehicle at the time of the contravention, we will transfer liability back to you by issuing a new Notice to Owner, as the DVLA has listed you as the registered keeper.”
A council spokesperson told ChiswickW4.com, “In accordance with statutory procedure, the Penalty Charge Notice was issued after we received the registered keeper’s details from the DVLA. As far as the DVLA was concerned, Ms Lowsley was the registered keeper at the time of the contravention.
“The Witness Statement, received in November 2009, was the first communication we received from Ms Lowsley; this was after the case had progressed to the bailiffs. She did not inform us of the change of keeper despite being sent at least three separate communications from Parking Services in February, April and June 2009: the Notice to Owner, Charge Certificate and Notice of Registration. These were three occasions when this information could have been supplied, preventing the case escalating to the bailiffs.
“Once the necessary documents regarding the change of registered keeper were finally received, liability was transferred to the new owner.”
February 19, 2010