Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Shirepmit on May 16, 2024, 12:58:35 pm
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@Shirepmit as above, please read the guidance at 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/ and post all the documents you have, without redacting PCN numbers or number plates. For all we know your PCN could be from an authority that has a systemic flaw in its paperwork, but you've given us nothing to work with.
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Please repost unredacted, as per Incandescent's advice. We don't evenm know the name of the authority...
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@Incandescent
Thanks,
I don't have the physical PCNs on me, but they were sent digitally when requested - below is one of them. Is it a case of waiting until the Notice to Owner arrives and then challenging that online?
Notice Number: XXXXXXXXXX
Served on: 06/04/2024
Date of contravention: 06/04/2024
Time of contravention: 10:40
The vehicle with the registration XXXXXXX Make: XXXXXXXXX
Colour: XXXXXX
was observed between 10:32 to 10:37 in XXXXXXXX by Civil Enforcement officer XXXXX who had reason to believe that the following contravention had occurred and that a penalty charge is now payable.
(Code 16): Parked in a permit space without displaying a valid permit.
A penalty charge of £70 is now payable and must be paid not later than the last day of the period of 28 days beginning with the date on which this PCN was served.
The penalty charge will be reduced by a discount of 50% to £35 if paid not later than the last day of the of 14 days beginning with the date of this PCN was served.
See reverse for:
How to pay, how to challenge this PCN, what happens if no payment is made.
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Please post one of the PCNs in full, (both sides) so we can look for errors. It also appears they have not re-offered the discount. If this is so, it is now a no-brainer to take them all the way to adjudication.
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Hi, just looking for some advice after my informal appeal was rejected.
Myself and my partner both have permits for parking outside our home, this has been the case for the past few years. Last year the process changed and moved to a digital permit rather than a paper permit displayed in the window. I assumed that with paying for last year's permits digitally, that it would auto renew.
The permits expired on 04/04/24 (Thursday)
No ticket was given on 05/04/24 (Friday)
Neither myself or my partner used/moved the car over the weekend. On 08/04/24 (Monday morning), we notice that there are 2 PCNs on each car (Saturday morning, Sunday morning, 4 total).
I renewed both permits straight away after seeing the PCNs. A renewal reminder was sent on 05/03/24 , unfortunately it came through to the 'other' inbox so I didn't recieve a notification, and therefore didnt see the email.
Please see my informal appeal below, and the following response - I will need to wait until the NTO arrives to formally appeal - what are the chances of a successful appeal? Either for all 4 tickets or at least a reduction in the total to be paid, as it stands it is £280 total for the 4 tickets as I missed the 14 day window. The appeal and response below was the same for all 4 tickets.
My appeal:
Hi,
I am writing this to appeal the parking tickets below, received between the 6th and 7th April 2024.
XXXXXX
XXXXXXXXX 6/4/24
XXXXXXXXX 7/4/24
XXXXXXX
XXXXXXXXX 6/4/24
XXXXXXXXX 7/4/24
1. Since the change to the digital permits, thought that the payment would auto-renew. We were always planning to pay for the permit, we have lived here and had a resident/visitor permit for 4 years now and will continue to need a permit to park close to our home.
2. The reminder email that was sent out in early March went through to the other inbox in my emails so I wasn't notified on my phone - I have now set it up so that emails from no-reply@XXXXXX.com come through to the main inbox. I understand that things are trying to be environmentally friendly, but a letter would have been more likely to be seen.
3. The tickets were given on a weekend, so neither myself or my partner needed to use the car for work, meaning we didn't see the ticket on either car on Saturday. If we had seen this, we would have paid for the permit on the Saturday and avoided the Sunday ticket. When I was told about the tickets on Monday morning, I paid for the permit straight away
This was a genuine mistake in letting the permit lapse, we were always planning to pay for the permit and will continue to do so while living at this house. Going forward I have set a reminder to renew, and have set the emails to come through to the main email inbox. I hope that you can accept this appeal
Response:
Penalty Charge Notice number: XXXXXXXXXX Date of service: 07 April 2024 Vehicle registration number: XXXXXX Location of contravention: XXXXXXXX
Date: 13 May 2024
I refer to the enquiry made by you in connection with the issue of the above Penalty Charge Notice (PCN).
You were parked in a permit only parking space without a valid parking permit. I have noted from your correspondence that you thought your permit would auto renew.
Please be advised that yoa must renew your permit yourself every year. It is your responsibility as a permit holder to be aware of the renewal process
Whilst I note your comment that the reminder email went to the incorrect inbox, please note although we do send out reminders for renewing permits, the onus still rests with the driver to ensure that permits are renewed within good time to ensure that they have parked in accordance with the parking restrictions at all times I have checked the permit system, although I appreciate that you have now renewed your permit, as this was done after the PCN was issued, this means your vehicle was parked in contravention Under the Traffic Management Act 2004,I can only treat your enquiry as an informal representation against the imposition of the charge. I have given careful consideration to your representation including all the circumstances relating to the issue of the Penalty Charge Notice and consider that the issued ticket remains valid.
You may now either, pay £70.00 within 14 days of the date of this letter or await the issue of a Notice to Owner to the registered keeper, which will advise of the formal appeal procedure. Regulations for parking enforcement are set by the Government and once a PCN has been issued the council is required to strictly follow a fixed statutory process. Therefore we are now unable to enter into any further dialogue regarding this PCN until the issue of the Notice to Owner has been completed and returned to this office.