Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: jdp82 on January 15, 2025, 01:48:03 pm

Title: Re: PCN Brighton & Hove - Used pen instead of scratching visitor permit
Post by: Incandescent on February 11, 2025, 10:24:32 pm

Venal and rapacious Brighton defeated ! Only trouble for me is just not getting the PCN money is never enough. As in the Mikado, they need to suffer punishment; - "something lingering I fancy, with boiling oil in it"

Title: Re: PCN Brighton & Hove - Used pen instead of scratching visitor permit
Post by: stamfordman on February 11, 2025, 07:36:24 pm

Good - an adjudicator with sense but outrageous of Brighton to contest this as obviously the permit is not reusable.

Title: Re: PCN Brighton & Hove - Used pen instead of scratching visitor permit
Post by: jdp82 on February 11, 2025, 06:56:37 pm

Thank you for the advice. Went to the Tribunal and won the case!

(https://i.imgur.com/GILgMph.png)

Happy days

Title: Re: PCN Brighton & Hove - Used pen instead of scratching visitor permit
Post by: Incandescent on January 15, 2025, 05:57:54 pm

With no reoffer of the discount it's now a total no-brainer to take them to the Traffic Penalty Tribunal because the penalty does not increase, and there are no additional costs. If you lose, you pay the £70 they demand, if you win you pay nothing. They, however, have to pay the adjudication fee, and also prepare an evidence pack, so I suspect when they know you're going to adjudication, they'll fold and not contest.

Title: Re: PCN Brighton & Hove - Used pen instead of scratching visitor permit
Post by: stamfordman on January 15, 2025, 03:57:24 pm

Have you challenged the PCN twice as it seems you got a notice to owner and made reps.

The discount isn't reoffered so no brainer to take it to the tribunal.

I'd say that how to 'scratch' is not obvious to everyone especially to foreign visitors staying at a hotel.

Post the NTO - what date is it.

Title: Re: PCN Brighton & Hove - Used pen instead of scratching visitor permit
Post by: jdp82 on January 15, 2025, 03:49:19 pm

Here's the back of the permit:

(https://i.imgur.com/q53K6aV.jpeg)

And the 2nd page of the rejection reasoning:

(https://i.imgur.com/GkLkOBb.jpeg)

Title: Re: PCN Brighton & Hove - Used pen instead of scratching visitor permit
Post by: stamfordman on January 15, 2025, 02:14:44 pm

That's petty indeed.

Post the back of the permit.

I'd be inclined to go on with this as the council has a duty to act fairly and I think an adjudicator would agree.

Title: PCN Brighton & Hove - Used pen instead of scratching visitor permit
Post by: jdp82 on January 15, 2025, 01:48:03 pm

(https://i.imgur.com/RBVxTgo.jpeg)

(https://i.imgur.com/d5YyJex.jpeg)

As the title describes, we stayed at a hotel in Brighton and bought a permit from them. I was surprised to receive a parking fine, especially when I reviewed their evidence and still couldn't see any issues.

They've rejected my initial appeal explaining that the permit wasn't valid as I'd used a pen to mark the date instead of scratching off the panel.

While technically correct, this seems extremely petty. As a non-resident, who is unfamiliar with the process, but has clearly obtained and paid for the appropriate permit it feels very unfair.

Is this worth appealing again, and does anyone have any help or advice?

Thank you(https://emoji.tapatalk-cdn.com/emoji120.png)