Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Kezzab81 on July 26, 2024, 10:32:39 am
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Below are the links to the images . Thank you
(https://imgur.com/a/YOM55W0)(https://i.imgur.com/ooqkD3D.png)
(https://imgur.com/a/yX1yVGF)
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I received this letter below
www.richmond.gov.uk/parking
London Borough of Richmond upon Thames
Parking Services, PO Box 221, Twickenham TW1 3TL
Tel 020 8891 1411 Textphone 020 8831 6342 Email parking@richmond.gov.uk
Resources Directorate / Parking Services
Web: www.richmond.gov.uk/parking
Email: parking@richmond.gov.uk
Tel: 020 8891 1411
Textphone: 020 8831 6342
Mr James Sinclair
Our Ref.: RES/RT3956966A
Date : 06/09/2024
Dear Mr Sinclair,
Traffic Management Act 2004
Penalty Charge Notice Number RT3956966A
Date of issue 19/07/2024 at 10:02
Location of contravention MORTLAKE HIGH ST MORTLAKE (CPZ M)
Vehicle Registration Number EN68VKW
Contravention 12 - Parked in a residents' or shared use parking
place or zone without a valid virtual permit or
clearly displaying a valid physical permit or
voucher or pay and display ticket issued for that
place where required, or without payment of the
parking charge
Result of Investigation for Penalty Charge RT3956966A
Thank you for your recent communication regarding the above-mentioned PCN.
The PCN was issued because your vehicle was observed parked in a permit holders
only bay during prescribed hours without activating or displaying a valid permit. The
hours of restriction are Monday to Friday 9am to 11am.
Your challenge is based upon mitigation, whereby you explain you had an emergency
call before leaving work and due to the nature of the call, became distracted and forgot
to activate a virtual permit.
I should therefore explain that a correctly issued PCN will only be cancelled in
exceptional circumstances such as a proven medical emergency that left the motorist
with no alternative at the time but to leave their vehicle in contravention of the
regulations. After considering your mitigation, I am not satisfied that an exemption
applies in this instance.
In order to park in this bay, motorists must display or activate valid parking cover.
Ultimately, it is the responsibility of the motorist to ensure that their vehicle has valid
cover during prescribed hours to avoid a PCN.
I am therefore satisfied that the PCN was issued correctly and, regrettably, discretion
will not be applied to cancel the PCN.
You may now choose one of the following two options, either
1. Pay the discounted amount of £55.00 by 20/09/2024 after which the full current
charge of £110.00 will become payable.
If you choose to pay the case will be closed. No further correspondence
will be considered and the following option will not apply.
Or
2. Wait for the issue of a Notice to Owner. This will be sent to the DVLA registered
keeper (owner) and will be for the full penalty charge.
A person on whom a Notice to Owner is served will be entitled to make
formal representations to us against the penalty charge and may appeal to
an adjudicator if those representations are rejected.
The formal representations must be made in the form and manner and within the
time specified in the Notice to Owner. It is not possible to appeal to an
adjudicator without first making formal representations to us.
Formal representations must include any supporting or additional evidence
against the issue of the notice and may only be made by the registered keeper
of the vehicle or their authorised representative.
No further correspondence will be considered prior to the issue of the Notice to
Owner.
If full payment is not made or further representations are not received within the
stated period, recovery procedures will continue and the charge due may
increase.
Yours sincerely,
Andrea Crellin
Parking Correspondence and Compliance Officer
How to pay Penalty Charge Notices
Online
Credit and debit card payments – excluding American Express – can be made using our
secure payment system at www.richmond.gov.uk/parking at any time.
By telephone – automated
Credit and debit card payments - excluding American Express – can be made using our
automated telephone payments line by calling 020 8045 1171 at any time.
By telephone – Customer Contact Centre
Credit and debit card payments – excluding American Express – can be made by
calling 020 8891 1411 between 9am and 5pm Monday to Friday, excluding Bank and
Public holidays.
By post
Cheques or postal orders should be sent to
Parking Services, Payment Section, PO Box 221, Twickenham TW1 3TL
Cheques should be made payable to the 'London Borough of Richmond upon
Thames'.
Please write the Penalty Charge Notice number on the reverse of the cheque.
Enclose a stamped self-addressed envelope if receipt of payment is required.
Post-dated cheques and other methods of payment, including cash, will not be
accepted.
Allow adequate time for the cheque to be received by us by the stated deadline.
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Thank you for your reply, yes, everything you said is correct.
There’s an email on the back of the PCN, parking at Richmond.gov.uk to make representations.
I will write this response.
I am a Richmond borough resident, with access to permits. I am a network rail emergency responder, the vehicle I use to respond to emergency situations, owned by Network rail, was parked on Mortlake high street. I was interrupted by an emergency call before I was able to validate my residents permit online. In terms of these mitigation circumstances, I am asking that you are able to use your discretion to cancel the parking ticket.
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The photos show a car with black and white checkerboard markings and "Network Rail" on the rear and the doors. So this is a Network Rail emergency response vehicle and your husband is a railway emergency responder? Is that correct?
He was on duty and interrupted by an emergency call and failed to validate and display a permit on time? Is that correct?
Who is the owner of the vehicle? Network Rail? Is your husband the Registered Keeper? I expect not?
I'm going to suggest he explains the mitigating circumstances in an informal representation to the Council and ask them to use their discretion to cancel. The deadline to get this done by is Thursday the 1st August. Richmond will likely re-offer the discount if they reject. Might say that on the reverse of the PCN.
Please post up a draft of what you want to say.
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The photos show a car with black and white checkerboard markings and "Network Rail" on the rear.
So this is a Network Rail emergency response vehicle and your husband is a railway emergency responder?
Is that correct?
He was on duty and interrupted by an emergency call and failed to validate and display a permit on time? Is that correct?
I'm going to suggest he explains the mitigating circumstances in an informal representation to the Council and ask them to use their discretion to cancel. The deadline to get this done by is Thursday the 1st August. Richmond will likely re-offer the discount if they reject. Might say that on the reverse of the PCN.
Please post up a draft of what you want to say.
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Thank you for your reply, I can work out how to edit it. So I have done it here and added my PCN picture at the bottom
I am seeking advice for my husbands PCN , to see if we have grounds for appeal. He received a PCN as he had forgotten to use to go to add our residence permit, this can only be activated at the exact time 9am on the day. Parking restrictions for residents 9-10:30am. He is a response worked and this was a response vehicle. He got an emergency phone call that he needs to sort out an incident, this meant that he was distracted dealing with the incident and did not add the permit online. Don’t think we have grounds to appeal
https://imgur.com/a/idHmmrQ
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Please read this and update your post accordingly: -
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/
At the moment we are completely in the dark on your situation.
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I am seeking advice for my husband. He received a PCN as he had forgotten to use to go to add our residence permit, this can only be activated at the exact time 9am on the day. Parking restrictions for residents 9-10:30am. He is a response worked and this was a response vehicle. He got an emergency phone call that he needs to sort out an incident, this meant that he was distracted dealing with the incident and did not add the permit online. Don’t think we have grounds to appeal
This ticket ? Thank you(https://imgur.com/a/idHmmrQ)