Free Traffic Legal Advice

Hi all,
Thanks in advance for consideration of this issue.

On the 9 May this year i went for an appointment and parked in a car park i had used before in Paignton. I paid for my ticket using RINGO, at this particular car park you stop your parking session on RINGO when you return to your car and you are charged appropriately. On returning to my car i found there was a PCN on my car. I thought that this must be an error and i appealed it on line with RINGO receipt as evidence that i had paid (all dcumentation below). I heard noting back until an NTO arrived, the NTO said i had to appeal in writing which i did and included a printed copy of the RINGO receipt. Again i heard nothing until yesterday when a Charge Certificate arrived.

I went online and was able to look at the original notice and you will see there have been several appeals which is probably due to the fact that the vehicle is a lease car through the NHS, I work as a Community Mental Health Nurse.

Further review of the photos taken by the warden and review of the car park on google seems to indicate that i had parked in a limited wait free parking space in the car park and suggests that there is a sign in the car park that indicates these spaces but nothing in the spaces themselves.

I am at a bit of a loss now as i suppose technically the original PCN was valid however i appealed this in good faith and was unaware of the limited time parking spaces.

Any advice welcome, i hope i've included enough documentation for this to be looked at.

As an aside the charge certificate only arrived yesterday but is dated the 30 September, i have kept the envelope though in case that makes a difference.
 

To whom are the NTO and CC actually addressed, you or someone else who has then simply passed sent them on to you?

So the lease company has made reps and asked the council to reissue the NTO to you?

You made reps but got no reply?

But from the timeline it looks like you may have made late reps as it says received on 2/9/24 after they were entitled to send a charge certificate following the NTO.

They can still consider the reps.

It says on hold so hopefully they are considering it rather than passing to debt recovery.

If they do register debt that only adds £10 and can be paid to avoid bailiffs so £85 in total. 

So the NTO was addressed to you.

I heard noting back until an NTO arrived, the NTO said i had to appeal in writing which i did and included a printed copy of the RINGO receipt. Again i heard nothing until yesterday when a Charge Certificate arrived.


There's only one record of reps being received by the council i.e. 2 Sept.

As you say 'the charge certificate only arrived yesterday' [9 Sept] then it must follow that the reps 'received' by them on 2 Sept. were yours in response to the NTO, and therefore out of time, the latest date being 26th Aug.

Pl explain.

If you cannot prove that you made reps in time then you have nowhere to go if they reject them.

I get what you are saying but surely the original appeal i completed online at PCN stage should mean something??

I think the OP could legitimately state, on a Witness Statement in response to the next stage, (Order for Recovery), that he submitted reps against the NtO, but received no reply. At least a letter refusing them as too late should have been sent, surely ?

Sadly, making formal reps is not the WS test, rather it's making them in accordance with reg. 5 which means in time.

Also sadly, IMO disregard does not obligate the authority to respond.

OP, the 14-day CC limit ends on Sun. 16th. I suggest you contact the council and find out what they're doing. Do not debate the PCN, just ask when you should expect to receive a response to your reps..

..which you've still not told us when and how they were submitted which is rather important.

I thought i had done my level best to explain.......
I appealed the PCN online within the timescale - I received no acknowledgement.
I then received an NTO, i am unsure of date but confident that my reply was within timescale - I received no acknowledgement.
I then received the Charge Certificate.

I have contacted the council and the person i spoke with couldn't update me anymore than what i know.

From what i can figure out from your reply is it looks like they are saying the NTO appeal did not reach them in time for appeal.

With all of this in consideration - What can i do now??

Appreciate your thoughts Incandescent, could you explain what WS is please