Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: RW33 on November 12, 2023, 01:12:06 pm
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Do you recommend I write back to them to reinstate the discount by using the method indicated for making a representation challenging the penalty charge?
Yes, your only options are to make representations or pay, there is no other course of action open to you.
Don't send anything in the post, make representations online at https://parkingservices.itsvc.co.uk/enfield/notices/ and keep a screenshot of the confirmation page.
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Thank you. That was very helpful. Do you recommend I write back to them to reinstate the discount by using the method indicated for making a representation challenging the penalty charge?
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The contravention is banged-to-rights:
(https://i.imgur.com/R3mohhW.jpg)
(https://i.imgur.com/7zZBtia.jpg)
(https://i.imgur.com/ybiFbn2.jpg)
There have been cases allowed on the "not affixed" point, such as Gbenga Ogunyemi v London Borough of Barnet (2190288340, 17 August 2019) (https://drive.google.com/uc?id=1Kpltkbg9ubWzBYapa1BTPnvDVZHZ8IHd), but from the photo above the PCN looks fixed enough to me.
If you write in simply asking for the discount to be reinstated and explain that you didn't find the PCN on the car, then 9 times out of 10 the council will allow you to settle at the discounted rate.
That being said, if you get a notice of rejection you might as well post it on here, as it's more likely to be flawed than the notice to owner. Most notices of rejection for parking cases have the flawed identified in Shelley Sinclair v London Borough of Lewisham (218033612A, 26 September 2018) (https://drive.google.com/uc?id=1_vkg5vinbDUe1XU7LDo42IuNsgR4Kxc1).
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I have received this NTO from Enfield Council regarding a parking offence allegation where the driver parked slightly beyond the kerb (link to Google Map location below). The alleged offence occurred on 20/09/2023. I received the NTO dated 24/10/2023. This delay happened because the driver did not notice any windscreen PCN when they arrived later next day, as it wasn't there. The enforcement pictures indicate that the PCN was placed under the wipers and not stuck to the windscreen (picture 8 & 9 linked below). In other words, there was no PCN when the driver drove off next day and I wasn't aware of anything until the NTO arrived. There were storms and bad weather which could have contributed to loss of the PCN later that day. As the PCN wasn't challenged or paid by the 28 days following the original PCN, the authorities have raised the fine to the full amount of £130.00.
Also, Princes avenue does not have parking restriction along the entire road except a small area at the junction between Green Lanes, and in front of the gates which relate to this PCN.
My question is -
a) Can I challenge this PCN by any means (flaws, etc.). I am aware there are some flaws in Enfield Council PCNs, particularly around payment method. But this is an NTO, so not sure if the flaw applies to this as well?
b) If this PCN cannot be challenged and the penalty has to be paid, thereby accepting liability, is it possible to argue that the notice did not arrive on time due to the fact that the driver did not notice the PCN as it wasn't stuck to the windscreen (see picture 8 & 9) possibly due to bad weather.
c) If all else fails, can I at the least argue because of the above circumstances, I am not at fault for not noticing the PCN, hence the original lower penalty charge is something that I am happy to pay?
I don't have very long till the 28 days from the date I received this NTO, and the fine increases further. Any help will be greatly appreciated.
NTO page 1 - https://drive.google.com/file/d/1lNa4mkEVNZwHdk-zZ-l3E3sb186WhKUm/view?usp=share_link
NTO page 2 - https://drive.google.com/file/d/1aS9LsHZ16dm6j9R0F2y8gomjzwV3Hjcr/view?usp=share_link
NTO page 3 - https://drive.google.com/file/d/1zugeQ8_H7ZGbWk3Ytk4o_156uTt8aKhC/view?usp=share_link
NTO page 4 - https://drive.google.com/file/d/1_ISGTQdxBtlMpFrK6mhXz_nXJVyuAOYc/view?usp=share_link
Google map street view location - https://maps.app.goo.gl/j1683dssuV8Ryx538
Pic 2 - https://drive.google.com/file/d/1ikN9WxmDmHYLKwTXCBQZntylTwD6VLsm/view?usp=share_link
Pic 4 - https://drive.google.com/file/d/1TLSb70Zw1RMPj9XRiggmuk1YSLgmvMSj/view?usp=share_link
Pic 8 - https://drive.google.com/file/d/1ul2Z_gWhsTY5k22Nx-7_9TrhSA4VuaM8/view?usp=share_link
Pic 9 - https://drive.google.com/file/d/1X2kQ_z4afaza7S6z6faVXok5HCR6Gd5Y/view?usp=share_link
Pic 10 - https://drive.google.com/file/d/1jz4XgDp_lp_YzOqrfwa8woOEwybjlo37/view?usp=share_link