Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Aubama on January 17, 2024, 01:29:12 pm
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I have put an informal challenge in
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Hi there, I have received a parking ticket for an alleged contravention (12s) and would like some advice on appealing. To be honest I had been kicked out of the family home so spent the night in a hotel round the corner.
That's some pretty compelling mitigation that should be used at the Notice to Owner stage.
Do you have any supporting evidence? Feel free to PM me if you'd rather not share on here.
We can probably get a failure to consider as well.
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Submit your informal reps by email on 29th Jan.
The PCN is worded unusually in that the authority have committed themselves to re-offer the discount if unsuccessful informal reps are submitted no later than '14 days from the date of issue of the PCN'. Most councils hedge their bets as regards re-offering and align the period with the mandatory discount period of 14 days beginning on..
In this case, the discount period ends on 28th whereas the unsuccessful reps period ends on 29th.
As you don't seem to have a silver bullet then submit on 29th and hope that their systems aren't smart enough and if they reject they don't offer the discount. If their website states the same then you would have grounds of 'penalty exceeded...' for formal reps.
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The 28 day target is no longer winning at London Tribunals so asking for kindness is the best option.
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Yes, the pcn is incorrect on the back as to the 28 days. I like to write all challenges. Email mrmustard@zoho.com
Hi, I have sent you an email on Tuesday..please let me know if its something you can help with. Thank you
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Yes, the pcn is incorrect on the back as to the 28 days. I like to write all challenges. Email mrmustard@zoho.com
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The PCN has flaws: served v occurred. Mr Mustard may be along soon.
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So basically, you are bang-to-rights as you were too late paying. I'm assuming your PaybyPhone app doesn't allow you to back-time the time the parking is to start.
Anyway, submit informal reps against the PCN, based on your narrative. I think you should explain the circumstances and that you paid as soon as you were able to. Ask that they cancel the PCN on this ocasion as the circumstances were so unusual. Point out that you did not try to avoid payment, and only saw the PCN on the car when you returned to it later in the morning. You may get a result, but I can't see it worth risking the full PCN penalty at the adjudicators.
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paid parking commences at 9am. I paid at 09:48
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I overslept and paid as soon as I woke up, its only when I returned to the car did I see a pcn.
PCN is timed at 09.39. When did you pay and when does paid parking commence at the car park ?
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Hi there, I have received a parking ticket for an alleged contravention (12s) and would like some advice on appealing. To be honest I had been kicked out of the family home so spent the night in a hotel round the corner. I overslept and paid as soon as I woke up, its only when I returned to the car did I see a pcn.
I have attached the pcn in question. And I aslo have evidence of hotel booking and paid parking.
(https://i.ibb.co/y4tG00Q/Screenshot-2024-01-17-at-13-21-38.png) (https://ibb.co/GHyB775)
(https://i.ibb.co/HFXYzs8/Screenshot-2024-01-17-at-13-21-49.png) (https://ibb.co/znNbRYv)