Author Topic: Newcastle City Council - Code 73 - PCN because payment machine wasnt working so paid only on way out - Eldon square MSCP  (Read 1836 times)

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OK thank you. So i will carry on with the case

Hi,

This is the latest I have heard from Newcastle city council. Is there anything I could be doing now?

"Flowbird have had an initial look and couldn’t find anything of note. So likely just to be a communications issue. However, they will keep investigating next week and will let me know if they find anything different"

OP, I'm going to ask this again:

You posted evidence in the form of two receipts issued by the on-site machines which showed failed transactions.

Each of these was for an amount of money which when converted to time through the tariff would have given parking times in excess of the max. permitted.

These amounts are printed clearly on the receipts.

You claim a malfunction with their machines.

If you did not enter £14.02 and 14.09 respectively but the machine read what you entered as these amounts then clearly the machines were at fault.

If you entered these amounts, you were at fault.

These has nothing to do with the council, so don't ask them!

This is about you and the machines.

Hi,

This is the latest I have heard from Newcastle city council. Is there anything I could be doing now?

"Flowbird have had an initial look and couldn’t find anything of note. So likely just to be a communications issue. However, they will keep investigating next week and will let me know if they find anything different"
Keep all these communications.
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

OP, I'm going to ask this again:

You posted evidence in the form of two receipts issued by the on-site machines which showed failed transactions.

Each of these was for an amount of money which when converted to time through the tariff would have given parking times in excess of the max. permitted.

These amounts are printed clearly on the receipts.

You claim a malfunction with their machines.

If you did not enter £14.02 and 14.09 respectively but the machine read what you entered as these amounts then clearly the machines were at fault.

If you entered these amounts, you were at fault.

These has nothing to do with the council, so don't ask them!

This is about you and the machines.

I did not enter these amounts. So clearly the machines were at fault.
Where does this take me to?

It's part of your evidence. Not just that they are receipts for failed transactions, but that the sums indicated as being tendered were not which clearly indicates a fault with the machines i.e. not able to recognise inputs accurately on every occasion.


What is my next step?
As per reply 27 above, you need to wait for the notice to owner.
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


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

I received a Notice To Owner. What is my next step?
Thank you

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Your next step, (apart from coughing-up), is to submit a formal representation against the PCN. Only when this is refused, can you register an appeal at the Traffic Penalty Tribunal. Of course they may accept it !

@Y H draft a representation against the notice to owner, put it on here and we'll review it for you.
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