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Messages - feelsunfair

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1
I see on Barnet's website that an NTO has been issued. Is my next step to re-send something similar to my informal representation by email? Perhaps the below? Anything else to add / change?

Thanks in advance

Quote
Dear Sir/Madam,

Re: AG49336060

In reference to the above PCN I would like to challenge this on the grounds that no contravention occurred. The vehicle is clearly not obstructing the dropped kerb or any vehicular access route as can be clearly seen from the photos.

In addition, please note my new address as below:
<STREET>
<TOWN>
<POSTAL CODE>
<COUNTRY>

The vehicle is currently not in regular use and is being advertised for sale.

Please confirm cancellation of this PCN ASAP and send a copy of all correspondence by email as items delivered by the local postal service at my new address are impacted by substantial delays.

Thank you

2
I have received a response to my informal representation.
They completely ignored my comments about moving abroad though I did notice that in the top left hand corner of their letter they omitted my postal address.

Please see the response at: https://jumpshare.com/s/mx879ROOC4FYSEs0Vbeh

I guess now just wait for NTO. Car hasn't been sold yet but it might be by the time they send the NTO. If not, post has been redirected so I should get it eventually but might be delayed. (But I have in my original informal representation given them both my current/new address and my previous address so if they send the NTO to my previous address they already know I'm no longer living there).

3
Thanks very much, I will submit it and see what they say. We do have a moving date and a new address. Don't have an exact date of sale yet. I guess it doesn't harm to include that information, and I'll include an email address.

Thanks!

4
Before I submit the challenge, just wanted to check is it better to give the council more details or less about the upcoming move, e.g.

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We are planning to move abroad and sell the car in the next few weeks.

vs

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Please note that as of ... September our new address will be:
<foreign address here>

Any further correspondence regarding this matter to arrive from this date onwards should be sent to my new address and allow additional time for me to receive it and respond as international postal delays are common.

Or does it really not make any difference what I say now? (In which case - should I advise them of my new address? Presumably yes? If so, how and when should I do so?)

Thank you for all your advice.

5
We won't be changing the address with DVLA - we are selling the car so the buyer will be doing that. Once the car is sold the address it's registered to won't be ours.

I don't know at what point the council will request details from DVLA - and I don't yet know what date the car will be sold so it's difficult to see how this will work out.

Is it to our advantage to tell the council of our new address in our representation either now or at a future stage or is it not necessary / helpful to inform them of the new address at all?

6
Thanks very much, I might send the initial challenge based on the above and then will take it from there depending on how they respond.

We have a new address (abroad) already which I can give them. We just haven't moved into it yet.

7
Thanks so much stamfordman. Yes we are intending to move abroad permanently but for the short/medium term we will still have bank/savings/investments based in the UK, not sure if that changes anything.

Here's my draft challenge based on your advice. I'll wait to see what others suggest.

Quote
Dear Sir/Madam,

Re: AG49336060

In reference to the above PCN I would like to challenge this on the grounds that no contravention occurred. The vehicle is clearly not obstructing the dropped kerb or any vehicular access route.

In addition, we are intending to move abroad in the next few weeks and will be selling the car so may not see any postal response in a timely fashion.

Please confirm cancellation of this PCN ASAP (in the hope that it might arrive before we move) and send a copy by email (in case it doesn't arrive before we move).

Thank you


8
Thanks very much for getting back to me.

I believe that the reason for the dropped kerb is to allow access to the park for emergency vehicles (and council maintenance vehicles that do enter from time to time). But the car wasn't parked in a way that would obstruct any emergency or other vehicle from getting into the park.

We don't have confirmed moving dates yet - but we will be checking the post frequently at least for the next week, after that we could ask old neighbours or friends to go in and check the post from time to time. Can we ask the council to send copies of their response by email (or to our new address abroad - probably not so practical as the post in our destination country is known to be slow)?

9
Location: Bridge Lane, NW11

Parked next to the entrance to Brent Park on Bridge Lane, received a PCN for allegedly parking over a dropped kerb, see below.

The car wasn't obstructing the entrance at all and was hardly over the dropped kerb if at all depending on what angle you are looking from. This seems extremely harsh.

I can't see any images showing up on the online PCN viewer, not sure why. Maybe it's too soon?. They seem to be showing up now.



Notice Number: AG49336060


To make matters more confusing we are planning to move abroad in the next few weeks and sell the car, so if we do appeal we might not see their response in a timely manner. Not sure if this makes things better or worse for us?

Your advice is very much appreciated.

10
The Flame Pit / Re: Pay PCN with cash
« on: November 28, 2023, 01:38:31 am »
Perhaps something worth trying next time someone gets a PCN with little alternative prospects to get it cancelled ;D

11
The Flame Pit / Re: Pay PCN with cash
« on: November 27, 2023, 01:32:53 am »
Thanks all.
Interesting discussion.

Barnet don’t even want cheques so unless there is a reason why a plastic card cannot be used you are a bit stuck and the pcn will progress towards the bailiff. Best ask the council itself.

I may try to contact the council to ask this question and see what they say. The PCN does have instructions on the reverse for where to send a cheque.

I like cp8759's suggestion to send cash recorded delivery and then sue for GDPR infringement if they obtain keeper details from DVLA. Not going to go to the hassle of trying it, but great idea  :) .

...however unlikely, can give the cash to someone else and that person pays?
This sounds rather similar to the situation at hand.

12
The Flame Pit / Pay PCN with cash
« on: November 25, 2023, 09:50:17 pm »
Is it possible to pay a PCN (to London Borough of Barnet) with cash? No such option seems to be given on the PCN itself, but isn't cash considered 'legal tender' that cannot be refused in payment of a debt? Does that apply here?

(In this case, I'm not looking for advice about whether the PCN can be challenged or not)

13
If you paid the full PCN penalty, not the discount, you have served yourself quite badly because the penalty at the adjudicators remains the same.

The discount was re-offered in the response to my formal challenge and I paid within the 14-day timeframe, so I paid at the 50% discounted rate.

14
Thanks so much for following up on this. Meanwhile I've since paid the fine but I really appreciate how thorough you've been - even after the deadlines have passed.

15
cp8759, Mr Mustard - thank you both so much for your advice on this one. I really appreciate it.
Even though it looks like the outcome is that I will have to pay the fine, at least I know that it's been carefully looked into.

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