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Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: jammd on October 22, 2023, 11:03:43 am

Title: Re: Bracknell Forest Council PCN - Paid but didnt get receipt to display
Post by: cp8759 on November 30, 2023, 11:15:21 pm

@jammd any update, did you send the representations I drafted?

I've now got hold of The Bracknell Forest Borough Council (Control of Off-Street Parking) Order 2021 (https://drive.google.com/uc?id=1YlxaZa0gWO-Yp5Qx1v9hiEaEr0uyDWxu).

Title: Re: Bracknell Forest Council PCN - Paid but didnt get receipt to display
Post by: cp8759 on October 23, 2023, 09:30:15 pm

Quote from: jammd on October 23, 2023, 10:11:11 am

-I have submitted proof of payment and in their response letter BFC state "whilst I appreciate payment was made to park", can I use this in my representation as their acknowledgement that payment was made?

I wouldn't bother, something short and simple will do:

Dear Bracknell Forest Borough Council,

The allegation on the PCN is "73 - Parked without payment of the parking charge". I attach proof of payment, as the charge was paid the contravention did not occur. it follows that the penalty charge notice must be cancelled.

I remind you that where a contravention did not occur the council cannot pursue enforcement on the basis of some other contravention, should this representation be rejected I will contend at the Traffic Penalty Tribunal that your decision to reject these representations is wholly unreasonable, and in such circumstances the tribunal may make an order for costs against you even if the appeal itself is not contested.

Yours faithfully,

I can't see them wanting to reject that.

Title: Re: Bracknell Forest Council PCN - Paid but didnt get receipt to display
Post by: jammd on October 23, 2023, 10:11:11 am

Thank you both for your exceptionally helpful responses and I appreciate the offer of further assistance should this progress further.

-Notice to Owner - not received. I am still within the 14-day discounted pay period from last letter received on 18th October. Will wait and make representation.

-I have submitted proof of payment and in their response letter BFC state "whilst I appreciate payment was made to park", can I use this in my representation as their acknowledgement that payment was made?

Title: Re: Bracknell Forest Council PCN - Paid but didnt get receipt to display
Post by: cp8759 on October 22, 2023, 06:24:50 pm

Quote from: jammd on October 22, 2023, 11:03:43 am

I would suck it up and pay the fine on discount just to make this go away – but feel there is something unjust about paying for a service and then being fined on top of it.

Is there any position for further appeal here?

You have a bomb proof appeal: the allegation on the PCN is that you didn't pay, so you only have to deal with that. The fact that some other contravention might have occurred is irrelevant and it's too late for the council to issue another PCN for failing to display (they could have issued a PCN for that but they didn't and it's too late now).

All you need to do is wait for the notice to owner and then make representations with your proof of payment. If the council reject it again, I will happily represent you at the traffic penalty tribunal.

Title: Re: Bracknell Forest Council PCN - Paid but didnt get receipt to display
Post by: Incandescent on October 22, 2023, 12:51:50 pm

First of all, please note that under the Traffic Management Act 2004, the registered keeper of the vehicle is responsible for PCN payments or appeals, the driver has no standing in the matter.

OK, the PCN is for failure to pay the parking charge. If you can show that payment was made, then you should win this at the adjudicators even if the council are obdurate. Their letter refers to not displaying but the the PCN is not for that contravention.

Have you received the Notice to Owner yet ?

Title: Bracknell Forest Council PCN - Paid but didnt get receipt to display
Post by: jammd on October 22, 2023, 11:03:43 am

Good day,
Would appreciate your input on this PCN as to whether there is any option for further appeal.

Bracknell Forest Council
Failure to Pay and Display
Location: Weather Way Surface Car Park

https://maps.app.goo.gl/zf3ys5yRwLg6wMrP9 (https://maps.app.goo.gl/zf3ys5yRwLg6wMrP9)

I am the registered owner, my father was driving the vehicle (licensed and insured) and all correspondence is to him. He British but not resident and is no longer in the country.

Detail:
17 September 2023
My Dad and son visited the Weather Way car park and parked the vehicle. He proceeded to the parking payment machine and followed the instructions to make payment for the parking time required. Upon completing the payment process at the machine, he did not receive a payment receipt. They attempted to retrieve a receipt, but the machine failed to provide one. Given that they received a payment notification from the bank they assumed all was well. Upon returning to the car a charge notice was received.
 
18 September 2023 – Father lodged appeal online – do not have a copy of this as it was an online capture.
29 September – received the attached response from BFC incorrectly interpreting appeal as a PayByPhone dispute.
4 October 2023 – I mailed appeal to BFC with attached letter and included transaction detail from the bank.
17 October 2023 - Received attached response from BFC acknowledging payment and citing the failure to Display as reason for appeal not being accepted.

I realise that there may be some failure (ignorance not being an excuse) for not displaying a ticket - assuming the parking session was captured on the ticket machine (registration number linked to card payment). However he did make timeous payment for the session.

I would suck it up and pay the fine on discount just to make this go away – but feel there is something unjust about paying for a service and then being fined on top of it.

Is there any position for further appeal here?



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