Author Topic: 14 - parked in an electric vehicles charing place during restricted hours without charging - but I did charge  (Read 346 times)

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IanO

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challenge grounds are here, I took a screengrab: https://ibb.co/gPwxq8Y

IanO

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I had a rejection today from the Council, link below. I don't fancy my chances at adjudication so may just pay this.

Is the 10 minute observation by the CEO at their discretion or enshrined in the TMA 2004? I just find it curious that they quoted an exact period of observation down to the second, less than 10 minutes in fact. Are CEOs really standing there with a timer?  ;D

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« Last Edit: December 09, 2024, 12:07:41 pm by IanO »

stamfordman

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They are rather fettering discretion by saying 'unable' to cancel as they always have the choice to do so.

What was your challenge?

They want your money and the problem is that the gap in getting the charge going is too long for the tribunal to say you were allowed reasonable time to fix something. Here there was nothing wrong with their systems.

You could have another go at formal stage by focusing on it being an honest error deserving of discretion under government fairness guidance. 

H C Andersen

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OP, who is the registered keeper?

IanO

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IanO

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They are rather fettering discretion by saying 'unable' to cancel as they always have the choice to do so.

What was your challenge?

They want your money and the problem is that the gap in getting the charge going is too long for the tribunal to say you were allowed reasonable time to fix something. Here there was nothing wrong with their systems.

You could have another go at formal stage by focusing on it being an honest error deserving of discretion under government fairness guidance.

Same narrative that I shared here, that I couldn't pay on the spot, I had to go find my wife to fetch the Electroverse card inside the University campus so I could start the charge, came back and the ticket was there. She couldn't leave our child unsupervised which is why I had to go to her. I did provide proof of the charge I did subsequently.
Yes the gap was around 15-18 minutes, so around 8 minutes each way, but that's just how long it took from the car to go inside the campus, wait for the lift to the 3rd floor, find the card and walk back.

IanO

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Hello, so I tried to pay this fine today, however I got a message on the Council website that the payment didn't go through. I tried two more times with the same card, same message.
I checked my bank statement, and it shows the charge went through 3 times (can't tell if they are in 'pending' or not). It's a debit card, yes it works fine with other merchants and I have the funds available.

The Council will accept cheques as an alternative but my bank is an online only bank which doesn't issue cheque books. I'd be willing to pay in cash or with my American Express card but the Council doesn't accept either.

So I am at somewhat of a Mexican standoff. What happens if I get an NTO? I've tried in good faith to pay, and no the Council shouldn't expect me to try another debit card from a family member (what if I didn't have any surviving family?).

stamfordman

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No worries as next stage is NTO and they are bound to reoffer discount if you say the payment system is faulty - there's no way they shouldn't be accepting a Visa or Mastercard debit card.

There's a pay by phone option - did you try that?

Try emailing them.

Take screenshots.

But are you the registered keeper.