Free Traffic Legal Advice

TLDR: Paid for full day’s parking but the machine didn’t print a ticket, payment reversed 8 days later, appeal then rejected.

We paid £15 at the parking meter for a full day's parking. Payment was taken from our bank account but the machine did not produce a ticket. We sought advice from nearby tourist information staff (potential witness), left a note in the vehicle window to explain and then reported the machine fault when we saw council car park attendants checking the paper in the meter about 10 minutes later. When we returned to the vehicle we had received a PCN. There had been  no indication that we would receive a refund, and the payment wasn't reversed until 8 days later (we have an email from our bank as proof). Three days after refunding our payment, NDC rejected our appeal, on the grounds that our payment was marked as “Unknown” in their system (ie. they have not received the funds from us). Their rejection letter also stated that if the parking meter was faulty we could have paid by cash or online; as we didn't know until after paying that the machine was faulty, this implies an expectation that we should have paid twice (£30) for parking. They also stated that their sign directs car parker users to contact the council in case of faults but that they received no reports of a fault for that day; this is categorically incorrect as we reported it in person (unfortunately verbally so no written proof) to the council staff attending the car park.   

We have now been served the notice to owner and are planning to appeal on the grounds that the contravention did not occur, as well as potentially offering to repay the original parking fee refunded to us. However, it is true that we were parked without displaying a ticket so technically the contravention did occur (although we had paid in full and reported the issue) - what grounds do we have to appeal, and what evidence do we need?
Thanks in advance.
https://imgur.com/a/1l2GqbT

It looks like you've received the usual Fob-Off letter we see so often. At the NtO stage these things are normally looked at more carefully. They can do this because 95% of people fold after informal reps are rejected, so it's less workload !  If it were me, I'd take them to the Traffic Penalty Tribunal if they prove obdurate.

I think they'd back down at next stage or not contest an appeal if they did reject again.

But given you're effectively £15 up and the discounted penalty is £25 it's a quibble over £10 at this stage.

think you'll find it's £50 in play now Stamf

I think the requirements of the authority to act in a fair and reasonable manner comes into play alongside any other avenue

It's not one or the other, you can appeal on as many applicable grounds as you want.

[or] just wait until the Order for Recovery arrives and appeal that on the grounds that we never received an NoR ?

Yes, BUT...

But first, we need to see your reps and the NTO to ensure they were submitted correctly and we need clarification on the following:

Case update: We submitted Representations which were investigated and ultimately rejected.

It seems North Devon Council have somehow not recorded that we submitted Representations

..are mutually exclusive statements. Pl clarify and give example of your proof pl.

Thanks - Notice to Owner is in the original set of images in the first link. I sent the Representations form as an attachment by contacting them on their website, following the link in the instructions on the form (screenshot of web page and email confirmation below).  [ Guests cannot view attachments ]

[ Guests cannot view attachments ]

I cannot see any option to submit reps by email in the NTO. If you can find one, pl point this out.

Their letter dated *** seems to relate to parallel correspondence.