3. Westmorland & Furness. Code 83. Parked without displaying pay& display ticket. Bluebell Lane Penrith
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Re: Westmorland & Furness. Code 83. Parked without displaying pay& display ticket. Bluebell Lane Penrith
« Reply #15 on: »
Can anyone advise me please?  I posted about my parking issue over a month ago.  I appealed to the council.  My appeal was rejected.  I understood I would receive a "notice to owner" in 28 days and I could then make a formal appeal.
I have not received a "notice to owner".  Should I chase them up or just leave it?
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Re: Westmorland & Furness. Code 83. Parked without displaying pay& display ticket. Bluebell Lane Penrith
« Reply #16 on: »
YOur last post was over a month ago, so please bring us up to speed by posting their letter of rejection of your informal challenge.

The council have up to 6 months to serve a Notice to Owner, so it's early days yet. Some councils can be very dozy. The NtO is sent to the address on the V5 Registration Certificate for the vehicle.  So is it your car, and is the address up-to-date, and the same as it was at the time the PN was served ?
« Last Edit: May 31, 2024, 10:08:52 pm by Incandescent »
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Re: Westmorland & Furness. Code 83. Parked without displaying pay& display ticket. Bluebell Lane Penrith
« Reply #17 on: »
Yes my car and all details are up to date and correct with DVLA - no changes for several years.

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Re: Westmorland & Furness. Code 83. Parked without displaying pay& display ticket. Bluebell Lane Penrith
« Reply #18 on: »
The usual Fob-Off letter that, (I presume) totally ignores your representations.

Does this council have an on-line PCN status enquiry facility ? It might be prudent to enquire from time to time on the status of the PCN, so you know when an NtO has been posted to you.
« Last Edit: May 31, 2024, 11:25:50 pm by Incandescent »
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Re: Westmorland & Furness. Code 83. Parked without displaying pay& display ticket. Bluebell Lane Penrith
« Reply #19 on: »
@Parky24 unfortunately the council has up to six months from the date of the alleged contravention to serve a notice to owner. I wouldn't chase them up because if they miss the deadline then they lose.
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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
Re: Westmorland & Furness. Code 83. Parked without displaying pay& display ticket. Bluebell Lane Penrith
« Reply #20 on: »
Quote from: cp8759 on June 04, 2024, 12:07:35 am
@Parky24 unfortunately the council has up to six months from the date of the alleged contravention to serve a notice to owner. I wouldn't chase them up because if they miss the deadline then they lose.
Just to add that if there is a 'PCN status enquiry" option on their website, that you look to see if an NtO has been sent, but apart from that you just have to wait.
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Re: Westmorland & Furness. Code 83. Parked without displaying pay& display ticket. Bluebell Lane Penrith
« Reply #21 on: »
Thanks everyone.  I have now received my NTO which includes a list of specified grounds for appeal.  I am unsure which to you.  I don't seem to be allowed to attach any more images
In the meantime -- one of their reasons for rejecting my initial appeal was that this car park has more than one machine.
The so called car park has a public road running through it.  There is a section of car park on either side of the road, each with its own entrance.  The area where I parked has ONE machine.  I didn't realise both sides of the road counted as one car park.  I recently revisted (on foot) and took a photo which clearly says tickets are valid for this car park only. I believe this is misleading unless they also state that both sides of Bluebell Lane count as one carpark.
Any advice would be welcome
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Re: Westmorland & Furness. Code 83. Parked without displaying pay& display ticket. Bluebell Lane Penrith
« Reply #22 on: »
Quote
I don't seem to be allowed to attach any more images

Space for attaching images here is very limited - have a read of this for guidance

https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/
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Re: Westmorland & Furness. Code 83. Parked without displaying pay& display ticket. Bluebell Lane Penrith
« Reply #23 on: »
thanks, I had forgotten those instructions
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Re: Westmorland & Furness. Code 83. Parked without displaying pay& display ticket. Bluebell Lane Penrith
« Reply #24 on: »
Image of specified grounds:
https://www.flickr.com/photos/200628771@N08/53783234350/in/dateposted-public/
Which of these would anyone suggest I use?

Image of board indicating payment valid for this car park only
https://www.flickr.com/photos/200628771@N08/53783033638/in/dateposted-public/
I think they should be very clear that the car park across the road is considered the same one
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Re: Westmorland & Furness. Code 83. Parked without displaying pay& display ticket. Bluebell Lane Penrith
« Reply #25 on: »
@Parky24 the relevant ground is that the alleged contravention did not occur, but don't use the paper form, you want to make representations online via the council website.

In the first instance I'd recommend you post a draft representation on here and we'll check it over for you.
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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
Re: Westmorland & Furness. Code 83. Parked without displaying pay& display ticket. Bluebell Lane Penrith
« Reply #26 on: »
Over three months after the supposed offence, I finally got a letter today accepting my appeal.  I found the last sentence rather amusing - they clearly have no intention of making their signage clearer.
"Please note That I will be unable to cancel any further Penalty Charge Notices issued to your vehicle in similar circumstances"

Thanks to everyone who gave me advice.

https://www.flickr.com/photos/200628771@N08/53845897333/sizes/z/
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Re: Westmorland & Furness. Code 83. Parked without displaying pay& display ticket. Bluebell Lane Penrith
« Reply #27 on: »
Well done for proving me wrong ! Their last sentence, if used in a reps refusal letter would be good for an appeal based on procedural impropriety by fettering their discretion.
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  3. Westmorland & Furness. Code 83. Parked without displaying pay& display ticket. Bluebell Lane Penrith