Hello all,
I was planning to submit the two formal responses to the Notice To Owners for the two tickets. To note there are two tickets here - the first one (EA59368572) - which wasn't attached to my car, and the second which was (EA59388853).
Any feedback/suggestions would be warmly received. I will look to submit these representations once we have feedback etc through.
Thanks,
Mark
TICKET 1 EA59368572
Formal Representations In Response To Notice To Owner
Penalty Charge Notice: EA59368572
Vehicle Registration Number: CX65 NJE
I am writing to request that this PCN is cancelled on the following grounds:
i. Procedural Impropriety
I am appealing because the Ealing Council website did not work correctly when renewing my permit. I received an email from Ealing Council on 21st Sept, telling me I needed to renew my permit, reference - EAX1108243. I did this, on Wednesday, 13 Sep at 19:55. I believed that I had renewed my permit, as the payment appeared to go through, I approved the payment on my mobile banking app and the website appeared to take payment successfully. I continued to park my car as usual, and I assumed that the new permit would begin on 19/10/23.
However, on 22nd November I found I had a ticket attached to my car (this was a separate ticket – which was issued on 22nd November – ticket ref EA59368572 was not attached to my car). On checking my online account, it appears that the permit was not issued. I called Parking Services on 23rd November, and the advisor I spoke advised that the council did have problems with their payment processor in Sept / October and this could have meant that the payment did not go through. I checked my bank statement, and it shows that in fact the payment was not taken. She advised as this was a known issue, helped me renew the permit and suggested that I appeal this ticket, and that the council would likely cancel the ticket.
I have now purchased a replacement permit (Ref: EAX1315940). I hope that you can see from the evidence that I submitted, that I was under the impression that my permit had been renewed on Sept 13th.
I have gone back to the council, and asked that they put this in writing, and they have now said that the person that I spoke to was not aware there was a general problem, but could see my application and that payment wasn’t taken.
I have attached the following as evidence:
-a. Screenshot of the transaction from my mobile banking app
-b. Screenshot from Ealing Parking Permit Portal which shows two valid permits
-c. Email from parking services, which confirms that I attempted to renew my permit
ii. The alleged offence did not occur
I also wish to appeal on the further grounds that the alleged offence did not occur. The CEO has recorded the offence as 12r. However, I believe that this is the incorrect wording and therefore the alleged offence did not occur.
Code 12r - 'Code description: Parked in a residents’ or shared use parking place or zone without either clearly displaying a valid permit or voucher or pay and display ticket issued for that place, or without payment of the parking charge.'
However, I notice in the Civil Enforcement Officers Handbook V2a, it suggests 'If a previously valid permit has expired then code 19 should be issued.'
Code 19 wording is as follows: 'Code description: Parked in a residents’ or shared use parking place or zone either displaying an invalid permit or voucher or pay and display ticket - or after the expiry of paid for time.'
I therefore suggest that the offence did not occur, and the PCN should be cancelled on these grounds.
Yours faithfully,
________________________________________________________________
TICKET 2 EA59388853
Formal Representations In Response To Notice To Owner
Penalty Charge Notice: EA59388853
Vehicle Registration Number: CX65 NJE
I am writing to request that this PCN is cancelled on the following grounds:
i. Procedural Impropriety
I am re-stating the grounds which I made in my informal appeal which I made on 23rd November.
I am appealing because the Ealing Council website did not work correctly when renewing my permit. I received an email from Ealing Council on 21st Sept, telling me I needed to renew my permit, reference - EAX1108243. I did this, on Wednesday, 13 Sep at 19:55. I believed that I had renewed my permit, as the payment appeared to go through, I approved the payment on my mobile banking app and the website appeared to take payment successfully. I continued to park my car as usual, and I assumed that the new permit would begin on 19/10/23.
However, on 22nd November I found I had a ticket attached to my car. On checking my online account, it appears that the permit was not issued. I called Parking Services on 23rd November, and the advisor I spoke advised that the council did have problems with their payment processor in Sept / October and this could have meant that the payment did not go through. I checked my bank statement, and it shows that in fact the payment was not taken. She advised as this was a known issue, helped me renew the permit and suggested that I appeal this ticket, and that the council would likely cancel the ticket.
I have now purchased a replacement permit (Ref: EAX1315940). I hope that you can see from the evidence that I submitted, that I was under the impression that my permit had been renewed on Sept 13th.
I have gone back to the council, and asked that they put this in writing, and they have now said that the person that I spoke to was not aware there was a general problem, but could see my application and that payment wasn’t taken.
I have attached the following as evidence:
-a. Screenshot of the transaction from my mobile banking app
-b. Screenshot from Ealing Parking Permit Portal which shows two valid permits
-c. Email from parking services, which confirms that I attempted to renew my permit
ii. The alleged offence did not occur
I also wish to appeal on the further grounds that the alleged offence did not occur. The CEO has recorded the offence as 12r. However, I believe that this is the incorrect wording and therefore the alleged offence did not occur.
Code 12r - 'Code description: Parked in a residents’ or shared use parking place or zone without either clearly displaying a valid permit or voucher or pay and display ticket issued for that place, or without payment of the parking charge.'
However, I notice in the Civil Enforcement Officers Handbook V2a, it suggests 'If a previously valid permit has expired then code 19 should be issued.'
Code 19 wording is as follows: 'Code description: Parked in a residents’ or shared use parking place or zone either displaying an invalid permit or voucher or pay and display ticket - or after the expiry of paid for time.'
I therefore suggest that the offence did not occur, and the PCN should be cancelled on these grounds.
Yours faithfully,
