3. York Main Street - Parked for Longer Than Permitted
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Re: York Main Street - Parked for Longer Than Permitted
« Reply #30 on: »
Hi all,

Just an update - I received an email today from my email sent on 2nd July to haveyoursay@york, requesting an update on my representations, who have stated the following:

Quote
Wednesday 4th September 2024, 3:19 pm
From: parking@york.gov.uk
To: xxx

RE: Parking Ticket

Thank you for your email. I have checked the penalty charge notice you reference and can see that the case is currently awaiting review by parking management. Unfortunately parking management currently are experiencing very heavy workflow which has resulted in delay in these cases being reviewed. Please be assured that the case is on hold and no action will be taken until the case has been reviewed.

Yours Sincerely,

Parking Services City of York Council
| Customer Business and Support Services West Offices, Station Rise, York YO1 6GA

I'm guessing plan of action is just to wait and see what happens next, but if we need to go to tribunal, then we will win as not replied to the notice within the 56 day timeframe? Cheers all.
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Re: York Main Street - Parked for Longer Than Permitted
« Reply #31 on: »
Hello all.

York Council replied again to my complaint today with the following:

Quote
Thank you for your email,
 
We intend, where possible, to deal with all complaints using our '4Cs' procedure. The only exceptions are for statutory and legal reasons, such as a complaint that has already been heard by a court or tribunal, or a complaint where the customer or the council has commenced legal proceedings or has taken court action.
 
Our '4Cs' procedure is not applicable to services which have specific procedures governing their complaints and appeals, such as: objecting or challenging a PCN
 
Please find attached the link below for challenging a PCN.
 
https://www.york.gov.uk/PCNAppeals
 
I have also forwarded you details over to are parking team

Quite surprised, as I last heard from them 9 months ago! The PCN is still under review on their website.

I was going to reply back to them and say that we have already challenged the PCN - our complaint is with the fact is that Parking Services haven't replied to our message challenge to the NTO from April 2024.
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Re: York Main Street - Parked for Longer Than Permitted
« Reply #32 on: »
De jure the PCN is dead. De facto, the bozos at York haven't updated their systems.

Personally, I don't see the point in 'complaining' based upon them not responding within 56 days. You don't need their confirmation.

(7) If the enforcement authority fails to comply with the requirements specified in paragraph (4) within the 56-day period—

(a)it is deemed for the purposes of these Regulations to have accepted the representations made by the recipient, and

(b)it must—

(i)cancel the relevant enforcement notice,

(ii)refund any sum paid in relation to it, and

(iii)serve a notice on the recipient informing the recipient that the enforcement notice has been cancelled because the enforcement authority failed to serve a decision notice in accordance with paragraph (4)(b).


The law has deemed the PCN dead. Your complaint is that they haven't written to to confirm that something which the law has deemed to have occurred has.

Why are you bothered?

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Re: York Main Street - Parked for Longer Than Permitted
« Reply #33 on: »
Hi HC Anderson,
Well we were just worried that they may try and come back on the ticket - but as they can't enforce past 56 days, am I best just to let sleeping dogs lie?
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