Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: ted.sa95@yahoo.co.uk on October 09, 2023, 10:44:56 am
-
- Tell us more about the circumstances that led to the charge being issued. For example: how did the vehicle come to be parked there in the first place (i.e. before it was discovered that it wouldn't start)... Was it parked legitimately at first, but overstayed its welcome due to the breakdown? How was the vehicle eventually removed?
We could still do with more information about this. I note from the PCN that it was issued for a failure to display a permit... How did the vehicle end up parked there, and did you have a permit? If you parked there without a permit, and then when returning to the car discovered it wouldn't start, then this is unlikely to provide a defence, as PCM will say the car shouldn't have been parked there in the first place, and would be in breach of the terms even if it hadn't broken down.
-
Hi Thanks
I've attached the original PCN, the letter I got after the appeal saying that they had sent me a decision letter but I never actually received this.
I've also given the latest solicitors letter. I can get a hold of the card on the lampost but not until the weekend as this took place in someone's estate.
The tricky part is I asked an acquaintance to write the appeal for me as he's a better writer and I dont have a copy of what he wrote. I also have sold the car since if that makes a difference.
They are also telling me to pay their £70.
Please see attached.
[attachment deleted by admin]
-
If there anything I can do?
Nothing that will lead to them accepting your appeal or reverting to any prior stages of the process. That doesn't mean you should pay. If you're intending to fight it will essentially be a case of waiting to see if they decide to sue (a loss in court for a single charge is generally around the £220 mark).
To explore the strength of any defence we could do with some more information. For starters:
- Can we see the original notice you received, as well as what you sent in your appeal?
- Can we see photos of any signage at the site where the vehicle was parked
- Tell us more about the circumstances that led to the charge being issued. For example: how did the vehicle come to be parked there in the first place (i.e. before it was discovered that it wouldn't start)... Was it parked legitimately at first, but overstayed its welcome due to the breakdown? How was the vehicle eventually removed?
-
Hi all,
I had a PCN for parking within an estate and an appeal was made based on the fact that the car would not start up and could not move (for a few hours) when the PCN was given. The car was left unattended for those hours.
I challenged the PCN however the next letter I recieved was a letter from their solicitor ssaying that they charge had increased the £170 from £60 even though the original fine was £100. I then wrote the same appeal again but the gave me the following letter below saying that they had responded. I had not recieved anything. They seemed to have passed this on to their solicitors. If there anything I can do?
Dear Miss Ahmed RE: PC22710634 I Complaint Reference:
I am writing to you today regarding your recent correspondence concerning the above Parking Charge Notice (PCN).
I understand that you state you did not receive a response to you appeal until after the charge went to our solicitors. I have checked our records and I can see that your appeal was originally received on the 30th of July 2023, and a response was sent on the 31st of July 2023 by post to the address you provided, I have included a copy of this letter for your records. Following this a final reminder was also posted to you on the 16th of August 2023 when no payment or further communication as received.
On the 11th of September, over 6 weeks after your initial appeal was made, the charge was then sent to Gladstones Solicitors.
Please note that when you make an appeal you are sent an automatic response email. This email specifically states, "You should expect a response by post within the next 14 days. Please note that while your case remains on hold until a decision has been made, you should not assume that your appeal is successful if no response is received. If you do not receive a response within 14 days, please contact us to ascertain appeal status." In addition to this, on the back of the PCN you were issued It further states, "All appeals are responded to — if you do not receive a response within 14 days of submission, please contact 01573 512603 to ascertain appeal status. DO NOT appeal is successful if no response Is received."
Whilst we appreciate that times are hard, had you contacted us then steps could have been taken to get a new copy of rejection letter sent to you, and the discount offer reset to allow you time to pay the charge at the reduced rate. It is the responsibility of the appellant to follow up on their appeal if no response is received within the stipulated timeframe.
As it currently stands, we are no longer handling your case and further communication should be directed to Gladstone Solicitors. If you explain to them your current financial situation they will be able to offer you a payment plan.
Yours Sincerely,
[attachment deleted by admin]