Show Posts - fizz90

Ok yes. So do I need to embellish my original appeal?

Appeal rejected - see letter attached.Presumably we appeal again? Their reasoning seems rogue? [ Guests cannot view attachments ]

Is this a lost cause now?

Yep so it turns out there was an email sent on 20 March that was missed in the inbox asking to review the evidence. It is not my inbox so I didn’t have oversight. I have tried to check the evidence now and it doesn’t appear to be available on their system.I didn’t send the complaints - I sent the initial complaint to UKPA, which said I would complain, and then obviously did all the POPLA appeal, but didn’t move forward with the other complaints. Is this something I can do now and draft, or did it really need to be done at the time?

My appeal to POPLA was unsuccessful - is there another stage? The reviewer seemed to dismiss some of my points raised. [ Guests cannot view attachments ]

Thank you for all your help - I have actioned this exactly as you have set out including the link. Screenshot of representations successfully made below. [ Guests cannot view attachments ]

Thank you so much for this - I have the link too.Please could you confirm which I should check? The contravention did not occur? [ Guests cannot view attachments ]

Nope it was an Epsom car park and had cheaper rates… I really just made an error here but genuinely thought I’d paid for parking

Yes I have proof of payment - but it was for the wrong car at the wrong car park. There was no internet available on the app for some reason and when I went to pay when I had walked out of the car park and internet had come back it had reset everything to my last session but I hadn’t realised as I was on the move then.

Notice to Owner received!If you are able to help with next steps at all, that would be great?It doesn’t mention the reduced amount again though… [ Guests cannot view attachments ]

Thank you both for all your help.I am a bit nervous not coming back on this PCN at all - given that, like you say, either appealing and being rejected or waiting it out will both generate an NTO, would it ruin anything if I did send across an appeal at this stage?I have drafted something below - if you could did have a moment to give your thoughts that would be most appreciated.Appeal: PCN number #########I am appealing the aforementioned PCN on the grounds that the location and contravention listed on the PCN are inaccurate and therefore the PCN is not legally enforceable. Paragraph 2(c) of Schedule 2 of The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022 states that the PCN must include “the grounds on which the civil enforcement officer issuing the notice believes that a penalty charge is payable.”The location is listed as Hartfield Road, Wimbledon. This is location number 19141 on the ringo app.The evidence taken by the enforcement office shows the car parked with the rear of the car against a wall, not along the side of a road. This is in Hartfield Road Car Park, location number 17303. Please see a photo of a different car in the same location taken during the day. Additionally, the Google maps location provided as evidence of the location of contravention is clearly the car park and not Hartfield road itself.The PCN states that DY10 BGO was parked in Hartfield Road, and the contravention said it was parked in a car park without clearly displaying a valid pay and display ticket, or voucher, or parking clock. Firstly, given that the car park allows motorists to pay for parking on ringo, the contravention does not adequately capture that there is both the option to display a ticket or pay for parking virtually on the app. Secondly, as the car was not parked in Hartfield Road, but rather in Hartfield Road Car Park, with the two having completely different location names (in addition to location numbers on the app), the contravention is not adequately documented in order to make this PCN legally enforceable. Given that no contravention occurred on Hartfield Road for the car with registration DY10 BGO, and that the contravention does not adequately detail the payment options available to motorists, please could you cancel the penalty.Let me know your thoughts? I know your recommendation is to just wait it out, but how much damage will be done with the above appeal? The evidence was easily accessible through the Merton website, and like I say includes a Google location inside the car park. I will attach. [ Guests cannot view attachments ]

Ok then, so it appears as though the sign is fine and the contravention is accurately described because there is the availability of physical tickets in the car park. I’m not really sure what else there is to argue other than the incorrect location which is ironic because I also paid for the incorrect location… just mine was with the incorrect car too…

There were ringo signs dotted about with that being the only sign saying the details and two pay machines which were able to give a ticket.

That’s really useful - thank you so much for that extra information, I appreciate it.The parking information in the car park doesn’t actually have a numerical value for the penalty included in the terms at all. I know on another PCN I have appealed against I utilised the parking eye sign where the amount of penalty is clear - is this not something councils need to do with their car parks?

Thanks so much for coming back to me. The detail I have seen on the council website and from researching is that you have to respond to a roadside PCN, it is legally enforceable - is that not the case? Do they have to give the discounted rate for another 14 days after the NtO or is that discretionary? Also I went back to the car park and took photos. I don’t think the signage is adequate, but it does allow a ticket to be printed in the car park. [ Guests cannot view attachments ]