Free Traffic Legal Advice

Dear all,

I was visiting family in Brighton and left the car unattended for 2 days (had 2 visitor permits) over the 5th and 6th of July. while I had the permits in the car, only one was on display. when given the ticket on Sunday the 6th, I immediately appealed (did it via phone and don't have evidence what I said), it was along the lines of "permit fell inside the car and here is my visitor permit"  although it was incorrectly filled out. Because I was so exhausted from driving and work that day, When I initially scratched the date off to show what day each permit was valid, I accidently removed the wrong boxes for dates too far in the future to the dates I'd be staying, I realised this and remarked the 2 permits so that they were as:

https://imgur.com/gallery/f-brighton-2-LcklL1g


After my appeal, council response via email  31st July (Also Attached):

https://imgur.com/gallery/f-brighton-council-vNe2Enc#H8cf5Bw
https://imgur.com/gallery/f-brighton-council-vNe2Enc#qF3G9xF
https://imgur.com/gallery/f-brighton-council-vNe2Enc#AtcYcPU
https://imgur.com/gallery/f-brighton-council-vNe2Enc#TEjFwAT

Ticket history:
https://imgur.com/gallery/f-brighton-council-vNe2Enc#tmcLW95

Parking location google maps view:
https://maps.app.goo.gl/HmGVDdx9p92GwGPm9

Is there a way for me to weasel my way out of this PCN based on the fact that the incorrect date scratched out is in the future and the correct date parked on was included in the appeal?

Any advice on the matter would be greatly appreciated.

Hello, many thanks for your response.

Does this make the PCN void or still chargeable, I have until next week to respond. Is there a draft response for someone in my scenario. I feel like telling them they are giving me the wrong PCN is shooting myself in the foot.

Cheers.

There's a case they are applying the wrong contravention and a higher penalty.

A code 19 invalid permit which is a lower level penalty would seem to be correct.

Hello,

I have a response back from Brighton, is there a way to wiggle out of this? took them 28 days to respond. How shall I best proceed? I basically told them what you put in an informal appeal. I feel they are being harsh.

"Thank you for your correspondence about the Penalty Charge Notice (PCN) you received.
The Civil Enforcement Officer took the following photographs:

Thank you for your additional correspondence relating to your challenge to the above
Penalty Charge Notice (PCN), but you must be displaying a valid visitors permit in order to
claim the concessions of it.

I note your comments regarding the contravention codes. I can confirm this PCN was issued
under the correct code of 12. This is because it had a future date scratched off the visitor
permit.
Further informal appeals cannot be considered at this point.
A Notice to Owner must be issued to the registered keeper, which allows a formal
representation to be made, and this is the next stage in challenging the penalty.
I have reviewed the case but I cannot cancel the PCN on the grounds provided.
You now have two options:
Option 1 - Pay
Please make a payment of £70.00. Please see details of how to pay below:
- Online at www.brighton-hove.gov.uk/parking selecting the Penalty Charge Notices option.
- By telephone Credit / debit card payments only. Automated payment line 01273 296622
(24 hours / 7 days a week). Please have card, vehicle registration and PCN number ready.
- Cheque or postal order made payable to 'Brighton & Hove City Council'. This should be
sent to Parking Services G39, Hove Town Hall, Norton Road, Hove, BN3 3BQ. Please
include the PCN number with your payment. Allow 2 working days for 1st class post and 5
for 2nd class.
Option 2 –Appeal further and make a formal representation
If the PCN remains unpaid we will send a Notice to Owner to the Registered Keeper of the
vehicle.
The Notice to Owner means that the Registered Keeper can either:
- make full payment of £70.00
- appeal against the issuing of the Penalty Charge Notice. They do this by making a Formal
Representation in writing to the council. The Notice To Owner will contain the full details on
how to do this.
Please be aware that you must wait for a Notice to Owner to be issued to the Registered
Keeper in order to activate the next stage in the appeals process.
Yours sincerely,"

Cheers!

 When I initially scratched the date off to show what day each permit was valid, I accidently removed the wrong boxes for dates too far in the future to the dates I'd be staying, I realised this and remarked the 2 permits so that they were as:

OP, this could only mean that each permit had 2 dates marked on it.

IMO, that's not an 'invalid' permit, it's simply not valid and the contravention description is correct.

Post the NTO when it comes.

Finally got the NTO, I notice IMGUR is no longer available in the UK, I've posted the pics to FLICKR so shouldn't be a problem. Let me know if you want the other photos uploading too. Any ideas how I should proceed with the PCN. Another note to make is they sent the NTO to another address that I pay council tax, not the address that's associated with my Driving license officially or where they've sent correspondence to before.

https://www.flickr.com/photos/203726136@N05/

Cheers.

Postal PCNs are sent to the name and address on the V5C Registration Certificate, not your driving licence. How does a driving licence link to your car's registration number ? Answer - it doesn't.

I suggest you check your V5C

At the NTO stage the discount option is lost, so there is no point in paying it, until you've submitted formal representations and had them rejected as they almost inevitably will be. They may well re-offer the discount "out of the goodness of their hearts (!!). You then need to take a decision as to whether to cut your losses, or take the double-or-quits gamble of taking them to the adjudicators.  Of course, if they don't re-offer the discount, it is a total no-brainer, to take them to the adjudicators because the penalty remains the same, and there are no additional costs. And if you win you pay nothing.