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
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
@twigtwig please post all the remaining pages of the notice to owner, as we need to check everything. Also re-post the first page with just your name and address redacted.
It does not contain the necessary information which is set out in The Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022, under which the ticket has been issued.
The regulations prescribe in Chapter 3 Section 1, information about the motorists’ rights to make representations or appeal, which must be included in regulation 9 penalty charge notices and enforcement notices.
3.—(1) A regulation 9 penalty charge notice must include the following information—
(a)that a person on whom a notice to owner is served may, in accordance with these Regulations, make representations to the enforcement authority against the penalty charge and, if those representations are rejected, appeal to an adjudicator;
(b)that if, before a notice to owner is served, representations against the penalty charge are received at such address as may be specified in the notice for the purpose those representations will be considered by the enforcement authority;
(c)that if a notice to owner is served despite the representations mentioned in sub-paragraph (b), representations against the penalty charge must be made to the enforcement authority in the form and manner and at the time specified in the notice to owner.
This notice does not contain sections B or C. Therefore, as this PCN is not compliant with the regulations under which it was issued, I request that it is cancelled.
Just wait now for the notice to keeper then submit your formal reps (appeal) using the same argument (+ things wrong with NtK) - you will probably get a rejection again and then it will be on to adjudicator :) I've just got to the adjudication stage with my own ticket.
Post the Notice to Keeper when you get it
Note dates when you get any letters from the council regarding the PCN.
I am writing to request that the following PCN be cancelled. It does not contain the the necessary information which is set out in The Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022.
Namely, Chapter 3, Section 1:
Information about right to make representations or appeal to be included in regulation 9 penalty charge notices and enforcement notices
3.—(1) A regulation 9 penalty charge notice must include the following information—
(a)that a person on whom a notice to owner is served may, in accordance with these Regulations, make representations to the enforcement authority against the penalty charge and, if those representations are rejected, appeal to an adjudicator;
(b)that if, before a notice to owner is served, representations against the penalty charge are received at such address as may be specified in the notice for the purpose those representations will be considered by the enforcement authority;
(c)that if a notice to owner is served despite the representations mentioned in sub-paragraph (b), representations against the penalty charge must be made to the enforcement authority in the form and manner and at the time specified in the notice to owner.
This notice does not contain sections B or C.
Therefore, as this PCN is not compliant with the regulations, I request that it is cancelled.