3. North Tyneside Code 86 Parked Outside Marked Bays - Spanish Battery Off Street Car Park
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North Tyneside Code 86 Parked Outside Marked Bays - Spanish Battery Off Street Car Park
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Link to relevant pics and copy of PCN:
https://imgur.com/a/xZMeHHz

I parked as best as i could in what appeared to be a small but legit marked parking bay (as per the pic), only one of my wheels was outside the lines, due to the uneven shape of the bay and the fact that the car adjacent was parked encroaching into my bay. This was 6 April 2025.

There was no PCN on the car when I got back,so I left and went about my usual business.

This morning I received a NtO regarding a PCN issued on 6 April which stated I had missed the 14 day discount and was liable for a £50 penalty.

I hope that someone can give me some advice around the best way to manage this. I think I have a couple of potential routes...

1. Challenge based on the fact that there was no PCN secured to my vehicle (council pics show "something" under the passenger wiper but it's not clear and wasn't there when I got back to the car, otherwise I'd likely have challenged via route 2...)

2. Challenge based on the fact that the bay i parked in is marked the same as the other bays (no specific vehicle only markings), is an awkward shape to park in, was partially obstructed by the adjacent vehicle, only one wheel of my vehicle was outside of the marked bay, and my vehicle caused no obstruction to other vehicles in the car park, the signage does not clearly state that vehicles must park within the white lines of a single bay just "beyond or outside the marked bays" - I would interpret that as parking outside of the designated parking area.

I've made initial representations on the grounds that I've not had a fair chance to appeal or pay the discounted rate, and hope that at best the PCN is cancelled and at worst it's reissued with the clock started again.

If it's reissued, can anyone tell me how likely it is that I'd be successful lodging an appeal via route 2 above?

Thanks in advance ☺️

Liam
« Last Edit: May 13, 2025, 01:03:42 pm by Handsomejohnny »
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Re: North Tyneside Code 86 Parked Outside Marked Bays - Spanish Battery Off Street Car Park
« Reply #1 on: »
They can't reissue the PCN and will do one of three things:

Cancel
Reject reoffering the £25 discount
Reject not offering discount

Second is most likely but it's a petty PCN and if they don't want that used as a parking space they need to mark it out of bounds.

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Re: North Tyneside Code 86 Parked Outside Marked Bays - Spanish Battery Off Street Car Park
« Reply #2 on: »
Update: I made representations based on no PCN attached when I got to my vehicle, and I've heard nothing since the confirmation email.

I've kept an eye on the PCN page on the council website where there'd been a note saying a representation had been made and the outstanding amount was stated as £50.

When I checked on Saturday 28 June, the note about a representation has gone, case status says open, and amount outstanding has changed to £75.

I'm reluctant to contact them as there's not long until the 56 day response deadline is up, and I'd rather not prompt them to look at it.

Does anyone have an idea what might have happened? As far as I can see, there's no £75 PCN charge associated with parking under North Tyneside Council
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Re: North Tyneside Code 86 Parked Outside Marked Bays - Spanish Battery Off Street Car Park
« Reply #3 on: »
£75 means they've issued a charge certificate probably because they sent a rejection you didn't get.

Is the name and address totally correct on the NTO you did get.

You can get this re-set when they register the debt. See if the CC arrives.
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Re: North Tyneside Code 86 Parked Outside Marked Bays - Spanish Battery Off Street Car Park
« Reply #4 on: »
Yeah, all details correct and all the other council letters arrive fine. Should they not have emailed me a response or at least a notification? And how can they issue a charge notice? The NTO states that only happens if I dont make reps.
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Re: North Tyneside Code 86 Parked Outside Marked Bays - Spanish Battery Off Street Car Park
« Reply #5 on: »
Quote from: Handsomejohnny on July 01, 2025, 12:03:03 pm
Yeah, all details correct and all the other council letters arrive fine. Should they not have emailed me a response or at least a notification? And how can they issue a charge notice? The NTO states that only happens if I dont make reps.
As stamfordman says, it is likely they have sent or emailed you a letter of rejection of your reps. This normally re-offers the discount for a period, and when that expires, if it is over the 28 days allowed for payment on the PCN, they will issue a Charge Certificate. Nothing to stop you asking when/if they sent a rejection to your reps and how (post or email) and state you didn't receive it.  They may then cancel the CC but if not, you still have the option available to you at the Order for Recovery stage.

Let us know how you get on. If they are obdurate, we can explain the Witness Statement process.
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Re: North Tyneside Code 86 Parked Outside Marked Bays - Spanish Battery Off Street Car Park
« Reply #6 on: »
Thanks, both of you.

I've definitely not received anything in the post since the NTO and there's no email in my inbox or junk.

Should I wait and see if a charge certificate arrives before contacting them? I'm worried about this affecting my credit rating if it ends up going too far.

Also, is there a way to prove non receipt of a letter? I'm not sure how I'd be able to prove i didnt receive something by post...
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Re: North Tyneside Code 86 Parked Outside Marked Bays - Spanish Battery Off Street Car Park
« Reply #7 on: »
There is no possibility whatsoever that your credit rating will be affected.

Presumably you're thinking you might get a CCJ, yes ? Well, the decriminalised parking and traffic legislation was specially written to exclude such a possibility.  Of course councils, in their ruthless gaming of the system to their own advantage always threaten the PCN recipient with the county court, but they cannot take anybody to a county court; they must by law register all PCN debts at the Traffic Enforcement Centre at Northampton. This is essentially a county court without any courtrooms or judges.
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Re: North Tyneside Code 86 Parked Outside Marked Bays - Spanish Battery Off Street Car Park
« Reply #8 on: »
That's reassuring, thanks mate 👍🏼
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Re: North Tyneside Code 86 Parked Outside Marked Bays - Spanish Battery Off Street Car Park
« Reply #9 on: »
Does anyone have an idea what might have happened?

As per others, they've surcharged the penalty.

But the timings look awry based upon your account although this might be down to very sketchy particulars on their website.

The regs provide:
If the enforcement authority does not accept the representations, its decision notice—

(a)must—

(i)state that a charge certificate may be served on the recipient unless within the period of 28 days beginning with the date of service of the decision notice—

(aa)the penalty charge is paid, or

(bb)the recipient appeals to an adjudicator against the penalty charge,

(sorry, but nothing to do with re-offered discount or 28 days based on the date of the PCN).

Therefore, for a charge certificate to be issued on 28 June or earlier based upon them having received valid representations their NOR must have been posted no later than 28 May.

But you've 'kept an eye on the PCN page on the council website where there'd been a note saying a representation had been made and the outstanding amount was stated as £50.' and I would have expected this to have said 'representations rejected' or 'NOR' issued or similar since 28 May.

So the NOR ship has sailed and it's not coming, but you might get the CC.

Otherwise you need to check with the council when they issued the CC. 
 
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Re: North Tyneside Code 86 Parked Outside Marked Bays - Spanish Battery Off Street Car Park
« Reply #10 on: »
So if i dont get the NOR, but i do get the CC, I should have legitimate grounds to appeal?

Tbh, I thought the dates didnt seem to match up as I made reps on the day I received the NTO and there hasn't been enough days for them to bump it up to £75, so I wondered if there mightve been an error in that my reps haven't been logged properly.

Is it worth me waiting till the 56 days expires before querying, so they can't rush out an NOR before the deadline? Or is it enough to challenge based on the fact the charge has gone up on the website without any response from the council?

The NTO was classed as served on 13th May and my reps were in the same day
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Re: North Tyneside Code 86 Parked Outside Marked Bays - Spanish Battery Off Street Car Park
« Reply #11 on: »
Forget 56 days, it's a distraction: they've issued a CC and therefore presumed to have issued a prior NOR.

So if i dont get the NOR, but i do get the CC, I should have legitimate grounds to appeal?

Read the enforcement process pl:  https://www.londontribunals.gov.uk/eat/understanding-enforcement-process/parking-penalty-charge-notice-enforcement-process

You cannot 'appeal' at present, you have to get back on track. Read the process and then ask any questions.
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Re: North Tyneside Code 86 Parked Outside Marked Bays - Spanish Battery Off Street Car Park
« Reply #12 on: »
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Re: North Tyneside Code 86 Parked Outside Marked Bays - Spanish Battery Off Street Car Park
« Reply #13 on: »
Quote from: H C Andersen on July 01, 2025, 08:10:51 pm
Forget 56 days, it's a distraction: they've issued a CC and therefore presumed to have issued a prior NOR.

So if i dont get the NOR, but i do get the CC, I should have legitimate grounds to appeal?

Read the enforcement process pl:  https://www.londontribunals.gov.uk/eat/understanding-enforcement-process/parking-penalty-charge-notice-enforcement-process

You cannot 'appeal' at present, you have to get back on track. Read the process and then ask any questions.

This says London, does it apply to North Tyneside too?
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Re: North Tyneside Code 86 Parked Outside Marked Bays - Spanish Battery Off Street Car Park
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