Author Topic: Redbridge, PCN for Failure to Display Resident’s Permit  (Read 457 times)

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Redbridge, PCN for Failure to Display Resident’s Permit
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I am seeking help regarding Penalty Charge Notice issued on 14 October 2024 to my car parked outside the house in accordance with the signage (partially on the footway), for failing to display a valid resident's parking permit outside my property.

I initially submitted an informal PCN appeal to the Council on 21 October 2024, explaining that I am the new property owner and that my wife had applied for a resident's permit on my behalf three times, but each application was rejected due to the vehicle being registered at a different address, where we are currently residing and renovating our new property. I have been actively seeking the permit for the new address and have provided the relevant rejection correspondence as evidence. We could not obtain a permit due to the car registered and insured at our old address, where it would normally be parked at the time.

After not receiving a formal response to my initial challenge the NtO was issued on 18 October for the increased £130 from the council, which I ignored thinking it was a clerical error, as they were still within their 56 days to respond. On 19 December a Charge Certificate was issued for £195, which I followed up with them on 23 December 2024 (today) via telephone. The council informed me that they sent a rejection letter on 22 October 2024, but I have not received it. The contents of the letter that were read to me over the phone seemed like a generic response, which did not address the specific points raised in my original appeal.

Following this phone conversation, I have sent an email to the council parking enforcement requesting a copy of of their rejection letter, as well as my original appeal.

What steps should I take and do I have a chance of getting this PCN cancelled or winning the tribunal or court?

Thank you!
« Last Edit: December 23, 2024, 02:50:49 pm by Quitop »

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Re: Redbridge, PCN for Failure to Display Resident’s Permit
« Reply #1 on: »
They have just emailed me a copy of the rejection letter.


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Re: Redbridge, PCN for Failure to Display Resident’s Permit
« Reply #2 on: »
Ignoring an NTO (18 November presumably) is usually fatal as you had to make reps regardless of what happened to an informal challenge.

In this case I think all you can do is to grovel to the council and say you misunderstood the process and would they kindly accept the discounted penalty. They can consider things even after issuing a charge certificate.

Re: Redbridge, PCN for Failure to Display Resident’s Permit
« Reply #3 on: »
Thanks! It doesn't sound too good then.

And yes, I did not understand the process, as I was patiently waiting for their response to my informal appeal.


Re: Redbridge, PCN for Failure to Display Resident’s Permit
« Reply #4 on: »
Is this really the only option?

What a disaster. Shall I consider going to court?

Re: Redbridge, PCN for Failure to Display Resident’s Permit
« Reply #5 on: »
How about the fact that the NtO and Charge Certificate were issued to my old address and the rejection letter I shared a copy of has my new address in it?

They refused to provide me with the resident's permit, as I couldn't confirm the new address but "send" their rejection to the new address. This is ridiculous.

Is begging for a discount the best possible advice? I have experience of successfully defending my rights against a PCN in court and could do it again with a little help.
« Last Edit: December 23, 2024, 04:02:08 pm by Quitop »

Re: Redbridge, PCN for Failure to Display Resident’s Permit
« Reply #6 on: »
The NTO was presumably correctly served to the address on the V5C logbook.

You have no recourse to the tribunal. If you hadn't got the NTO or a rejection to formal reps you could have made a witness statement at order for recovery stage but these don't apply.

Re: Redbridge, PCN for Failure to Display Resident’s Permit
« Reply #7 on: »
So what is the recommendation with what I have? Pay the £195?

Re: Redbridge, PCN for Failure to Display Resident’s Permit
« Reply #8 on: »
So what is the recommendation with what I have? Pay the £195?

see Reply#2 above

Re: Redbridge, PCN for Failure to Display Resident’s Permit
« Reply #9 on: »
Understood. Will take it into my own hands.

Re: Redbridge, PCN for Failure to Display Resident’s Permit
« Reply #10 on: »
Wait for others to check dates but I think all has been correctly served.

PCN: 14 October
NTO: 18 November (correct date on letter?)
Charge certificate: 19 December (is that the date on the letter? - this is tight as it can only be done 28 days after the NTO service)

You could post these two docs.

Re: Redbridge, PCN for Failure to Display Resident’s Permit
« Reply #11 on: »
The NTO was on 18 November I'd assume, although I did state October in my original post. I will double check when I'm home.

So the fact that I have done anything possible and was actively trying to apply for the resident's permit and denied means nothing? I explained all of that in my informal appeal, asked to consider the circumstances that we just purchased the property and I want to have the permit etc. Instead their rejection letter that I never received until today states I should apply for a permit.

I don't feel like I should pay that penalty at all. Let alone beg for a reduced charge.
« Last Edit: December 23, 2024, 05:12:18 pm by Quitop »

Re: Redbridge, PCN for Failure to Display Resident’s Permit
« Reply #12 on: »
So the correct timeline is as follows:

14 October - yellow PCN issued
21 October - informal appeal submitted to the council (confirmation received)
22 October - they supposedly issue the rejection (not received)
18 November - NTO
19 December - charge certificate

Re: Redbridge, PCN for Failure to Display Resident’s Permit
« Reply #13 on: »
Quote
After not receiving a formal response to my initial challenge the NtO was issued on 18 October for the increased £130 from the council, which I ignored thinking it was a clerical error, as they were still within their 56 days to respond.

Oh dear, oh dear, you would seem not to have read the full content on the original PCN, and not come on here before, (sorry to be frank), making a complete Hog's Norton of the representation process. The 56 days you cite for a response only applies to responses to reps against a Notice to Owner, the next stage of the process after service of the PCN. There is no time limit for a council to respond to informal reps against a PCN. The NtO would have told you not to ignore it.

It is now essential that we see the full PCN incl all the small print, to check that the council have included certain mandatory information designed to prevent errors like yours with the NtO, so please post it

Compounding this POt Mess is your apparent failure to update your V5C address after moving. Did you provide your current address when you submitted an informal challenge against the PCN ?

Re: Redbridge, PCN for Failure to Display Resident’s Permit
« Reply #14 on: »
You are correct that I didn't read the full content of the PCN, as I did nothing wrong parking in front of my new house after making every attempt to obtain the resident's permit.

I am not sure I have the original PCN. As I explained, this wasn't my priority at the time, as we just purchased the property and I spent months renovating it. It could have been misplaced during the move. This is also the reason didn't update the V5C at that point, as we didn't move to the new house yet. I owned both properties and was preparing the house for the move by coming in daily and doing work. This is a unique set of circumstances.

The new address was provided when I submitted the challenge, as I naively thought it would help my case and illustrate once again that I, in fact, reside at that address. I didn't realise that paying a council tax and mortgage on the house doesn't make you a resident according to the council.

The 56 days does apply to my initial challenge, as can be seen in the screenshot attached.

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