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Messages - wisteria8

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Civil penalty charge notices (Councils, TFL and so on) / Re: Newcastle Upon Tyne, 73 Parked without payment, Osborne Terrace Car Park
« on: March 31, 2024, 08:31:30 am »
Quote

@wisteria8 you should definitely appeal this all the way as you basically cannot lose. The council cannot issue a PCN retrospectively, it's too late so don't worry about the days when you didn't pay. We'll advise you each step of the way.

Thank you! As an update, I got a reply from the council to my appeal, I sent it without the VAT receipt. They said:

"I have investigated the matter and can confirm that this PCN has been issued in error, as
there was a technical error with the system which prevented your parking payment from
being forwarded to the Civil Enforcement Officers handheld computer. I have therefore
cancelled the PCN and no further action is required."

Thank you all for your help!! Great news  :D

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Civil penalty charge notices (Councils, TFL and so on) / Re: Newcastle Upon Tyne, 73 Parked without payment, Osborne Terrace Car Park
« on: March 20, 2024, 03:14:48 pm »
Quote from: H C Andersen on March 20, 2024, 11:12:48 am
Yes, you deal solely with the issue and don't get distracted.

In short:
Dear Sir,
PCN ********; VRM ********

I refer to the above which was issued to my vehicle at 09.08 on 15 March.

I also refer you to the enclosed 'Check-in' receipt which I obtained at 08.36 on the same day.

Clearly this is a misread by the CEO concerned or a flaw with the council's systems, I shall leave it to the authority to work out which. However, as regards the PCN, as I selected the 'Check-in' option, payment was not due until 'Check-out' and therefore the grounds in the PCN are invalid and the notice must be cancelled.

For your information, I would add that the charge which was made by the council against my account (based upon auto Check-out at 6pm) is incorrect. The amount charged was £7.52 which is clearly arrived at by taking 9 hrs 24 mins at £0.80 per hour pro-rated for the period between 'Check-in' and 9am. However, there is no reference on the noticeboard to the tariff being pro-rated: the rate is £0.80 per hour. I leave it to the council to see whether the displayed tariff requires further clarification.


OP, out of interest, what do you get from the council by way of a receipt for your £7.52? Off-street car park charges are VATable if I remember correctly. I see that you can request a receipt - read the small print - so I suggest you obtain one.

Thank you so much for typing that out!! I hadn't even realised the charge was incorrect too, maths is not a strong suit of mine.

Will look into obtaining a receipt asap and will let you know what they come back with :) are you wondering if they've not disclosed the VAT being added to the charge(? genuinely asking/wondering, I'm not sure why I need one)

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Civil penalty charge notices (Councils, TFL and so on) / Re: Newcastle Upon Tyne, 73 Parked without payment, Osborne Terrace Car Park
« on: March 20, 2024, 03:10:03 pm »
Quote from: Incandescent on March 20, 2024, 10:46:22 am
OK, I'm here !
I read the instructions on the board, and for the Check In/Out option. According to the instruction on the board you can check in, and the system will automatically check you out at 18.00 if no Check Out is entered. So one has to assume that payment will be the per hour rate from check-in until 18.00 is reached.  So I think you did pay for the 15th and the instructions on the board would seem to confirm this, and also your bank statement. Indeed your receipt for the Check-In says what is supposed to happen - the value to pay is released at Check-Out.  Check out is either when you Check-out later in the day, or automatically at 18.00.  Quite why the CEO served a PCN for non-payment at 09.08, barely 30 minutes after you checked-in is beyond me; the conditions of the car park are that one checks-in then the hours are added-up until check-out. The CEO has to be wrong therefore, and you should submit reps on this basis.  The whole point of the Check-In/Out process is that time parked doesn't have to be anticipated in advance, it is worked out at Check-Out.

Note that the board also says it can take up to 5 days for payment to be taken.

For the other days, it is obvious that the car park regulations take every day separately, so to park on the 16th and 17th you need to check-in on each of those days. However, you didn't, so haven't paid for those days. I have to say the instructions on the board are not totally clear, but I think you should just concentrate on the PCN for the 15th which is totally counter to the Check-In/Out process.

Thank you so much! I'll just focus on the PCN for the 15th for sure, don't want to shoot myself in the foot with this. The £7.52 went through so has def left my account and been charged now also. Thank you again!

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Civil penalty charge notices (Councils, TFL and so on) / Re: Newcastle Upon Tyne, 73 Parked without payment, Osborne Terrace Car Park
« on: March 20, 2024, 09:13:49 am »
Sorry if this is usually a no-no, just thought to reply with a bump as I haven't had a reply :)

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Civil penalty charge notices (Councils, TFL and so on) / Newcastle Upon Tyne, 73 Parked without payment, Osborne Terrace Car Park
« on: March 19, 2024, 11:42:56 am »
Hello!

I parked on the 15th, got into the car park at 8:30am, read the sign and chose to do the second Check in Check out option using the ticket machine. I left my car there until the 17th, 17:50.

When I got to the vehicle, I got a PCN for the 15th, observation time 08:55-09:08 for the 15th. Contravention code 73, Parked without payment of the parking charge.

I fully intended on paying when I returned to my vehicle on the 17th, I wasn't sure what time I'd be back exactly (was getting a flight from the airport, and I didn't have the paybyphone app, so I thought best to Check Out when returning to my vehicle on the 17th). When I returned to the car park on the 17th, I went to Check Out on the machine, it checked me in again, and that's when my partner spotted the PCN on the vehicle, and I realised I should have used a different option. I checked out on the 17th before leaving and didn't pay anything for that day as the check in to check out time was so small.

My bank app has a pending charge on it for the 15th, from NEWCASTLE CC, and the more information states 'PARKING NEWCASTLE UPO GB' for £7.52, so I believe I have paid for the 15th. I also got a paper from the machine confirming I checked in on the 15th, which says it's not a valid ticket, time stamped at 8:36am check in. It autochecked me out at 6pm, so that charge should go through and should pay for the 15th.

I've attached photos of the signs, and in hindsight I should have installed the app or prepaid, as I do not believe I paid for the 16th and 17th as intended. I didn't realise that I would need to Check In every day I was using the car park for, but just that I'd check in when parking, then check out when returning to the car. It explains this on the paper I got from the machine, but I misread it and admit that is my mistake.

My question is, could I fight the charge for the lack of payment on the 15th, as I believe I have actually paid for that day of parking, or should I pay the lesser fine (£25) as I think I risk, if appealing, them realising I didn't pay for Saturday and Sunday which I haven't received a PCN for. Crucially, I'm not sure if there is CCTV in the carpark, but the PCN wasn't the type to include a photo of the vehicle.

Also when I say my car, I'm not the registered keeper, my fiance is, but I'm handling this on his behalf as he's dealing with some personal family matters at this time.

Here is the car park, but street view doesn't show the actual car park as it's off the main street tucked away. https://maps.app.goo.gl/6ebE52PtyDA9Zcdg7

Here are the imgur pics of the PCN, car park signs, and the paper I got from the machine. https://imgur.com/a/dvlkCvo

TIA!

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