3. Hertsmere PCN Code 83 - Registration plate change
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Hertsmere PCN Code 83 - Registration plate change
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Just before part exchanging my car in July I put my personalised number K7 NDK on retention, and swapped the plates over to previous registration VE67 DZR as directed by DVLA.

Unfortunately, my wife didn't realise and used the stored number in her paybyphone app when parking the car in a Council car park.

Received a ticket as the warden (understandably) couldn't see that parking was paid for. However, app payment was unquestionably for this vehicle, so I emailed the council as below assuming it would be straightforward to get the charge cancelled.

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My Black Mazda was parked in Kemp Place car park today, and payment of £3.34 was made using the PayByPhone App (see attached) for the period 11:07 to 14:07.

As I am part exchanging my car at the weekend, I put the personalised plate K7 NDK on retention using the DVLA online service, and changed the registration plates to the replacement number VE67 DZR the day before yesterday. Please see confirmation email from DVLA instructing the change.

Unfortunately, my wife used the normal ‘K7 NDK’ registration stored in the app when paying for parking for the Mazda today.

As it is clear that the payment for parking covers the observed parking time of 11:34 to 11:36, and that the payment was obviously for this same vehicle, please cancel this PCN accordingly.

... and I also added this the following day:-

Just thought it’s worth clarifying that the registration ‘K7 NDK’ has not been assigned to any other vehicle, as demonstrated by the DVLA screenshot attached.

There is no question that the £3.34 payment was for parking of this black Mazda.

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Amazed to receive a 'notice of rejection' last Friday despite the overwhelming evidence showing that we paid.

I would be grateful for any thoughts on how I should proceed with this. Am I right in saying my maximum downside is £50 if I fight it all the way if necessary?
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Re: Hertsmere PCN Code 83 - Registration plate change
« Reply #1 on: »
Using ibb means you can scroll down and paste the BBCode in your post making it easier for others to read, so









« Last Edit: October 02, 2023, 07:57:54 pm by John U.K. »
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Re: Hertsmere PCN Code 83 - Registration plate change
« Reply #2 on: »
The maximum liability if you appeal and lose is £50, as long as no deadlines are missed the penalty will no go above that.

I have ordered the parking places order for this car park.
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: Hertsmere PCN Code 83 - Registration plate change
« Reply #3 on: »
Hi cp8759

Have now received NTO as below.  Any thoughts as to how I should handle this would be gratefully appreciated.





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Re: Hertsmere PCN Code 83 - Registration plate change
« Reply #4 on: »
I would repeat the informal.

I would however add an apology for the error and a request that they apply their discretion to cancel the PCN, there was no attempt to avoid payment and payment was made, unfortunately not to the correct reg number.

These sort of PCNs pee me orfe.
While it was issued correctly, can't fault the CEO, there is strong mitigation and to me, councils ought to pay more heed to that.
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Re: Hertsmere PCN Code 83 - Registration plate change
« Reply #5 on: »
I would suggest you hold off making representations until Thursday, this should see the discount being reoffered if they reject, but should buy you the most amount of time while we wait for the parking places order to come back. As for what to say, I agree with DancingDad just reiterate the previous points.
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: Hertsmere PCN Code 83 - Registration plate change
« Reply #6 on: »
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: Hertsmere PCN Code 83 - Registration plate change
« Reply #7 on: »
If I'm understanding correctly I have 28 days from 20th October which would be this Thursday 16th November.

Do you have any further suggestions before I proceed?
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Re: Hertsmere PCN Code 83 - Registration plate change
« Reply #8 on: »
28 days startng with date of service.
Which is on 2nd working day after posting so posted on 20th (friday) deemed served on 24th (tuesday) so drop dead date is 21st Nov.
Don't leave it till last minute
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Re: Hertsmere PCN Code 83 - Registration plate change
« Reply #9 on: »
Thanks, I'll send tomorrow.

Given that the PCN was issued correctly, I guess I tick the 'Other Grounds' box?

And do online?
« Last Edit: November 14, 2023, 05:29:33 pm by Artichoke »
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Re: Hertsmere PCN Code 83 - Registration plate change
« Reply #10 on: »
Yes, tick "other grounds", submit the representation online and keep a screenshot of the confirmation page.

Unfortunately I doubt they will reoffer the discount at this point, on the other hand if the discount is not on offer there's no reason not to appeal to the tribunal as the penalty doesn't go up if you lose.
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: Hertsmere PCN Code 83 - Registration plate change
« Reply #11 on: »
Many thanks for the input on this representation.

Even though this PCN was clearly issued correctly by the CEO, I'm pleased to say that the Council have taken the unusual cirumstances into account and agreed to cancel accordingly.

Good to see common sense prevailing for a change.

:)
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