3. Messages

Show Posts

This section allows you to view all posts made by this member. Note that you can only see posts made in areas you currently have access to.

Messages - DontStandForNonsense

Pages: 1 ... 4 5 [6]
76
Civil penalty charge notices (Councils, TFL and so on) / Re: 01 - Parked in a restricted street during prescribed hours (Reading Broad Street)
« on: August 03, 2023, 10:48:08 pm »
Quote from: Ugly duckling on August 03, 2023, 09:19:06 am

You posted:
I had been swapping gas bottles at the nose of the trailer when the pcn was attached, and as soon as I saw parking attendant I asked why he had issued a ticket when I was a trader loading and preparing to tow the trailer away.

He apologised saying he had not realised the van belong to a trader and had not seen me before issuing the ticket. He went on to say he would make note and advised me to contest the ticket.

But they rejected your challenge:

Also, 'One month later I received a letter repeating that they had written to me following my challenge'

Post your initial reps and their reply pl. if you don't have their reply to hand then contact them and get a copy.

Let's target any formal reps against their argument and not reinvent the wheel.

Definitely not. I'm the new kid on the block. The old boys have the parking brigade in their pockets and won't want to rock the boat

77
Civil penalty charge notices (Councils, TFL and so on) / Re: 01 - Parked in a restricted street during prescribed hours (Reading Broad Street)
« on: August 03, 2023, 01:01:06 am »
Quote from: cp8759 on August 03, 2023, 12:02:59 am
Quote from: DontStandForNonsense on August 02, 2023, 11:41:19 pm
Would you know how one would prove loading in this sort of scenario or what constitutes proof?
If it's your own business you'll have paperwork: receipts, invoies, delivery notes or similar. Maybe orders from clients, emails, text, whatsapp messages?

If you're working for an employer, they would have all of that.

If you regularly deliver to the same client, they might be willing to give you a witness statement.

If you were delivering to a nearby shop, they might have you on CCTV carrying the goods into the shop.

We tow the trailer to and from the location at the start of every day
There are set-up tasks and closing tasks including the exchange of goods between the trailer and van before the van is removed
Not sure how I would prove any of those activities as it isn't like I would have any receipts or delivery notes :/

78
Civil penalty charge notices (Councils, TFL and so on) / Re: 01 - Parked in a restricted street during prescribed hours (Reading Broad Street)
« on: August 02, 2023, 11:41:19 pm »
Quote from: cp8759 on August 02, 2023, 11:15:19 pm
Well the debt is "logged" but this is easily undone by filing form TE9 with the Traffic Enforcement Centre, and these debts don't appear on your credit score so don't worry about that either.

As long as you can supply evidence that you were loading I'd expect them to cancel at the Notice to Owner stage, so I'd definitely go for a re-set.

For now just wait, once the 14 day charge certificate period has expired, check the amount due at least once a week on https://parking.reading.gov.uk/. As soon as it goes up to £114 you can download form TE9 and fill it in (no need to print, just type it out on your computer and save), remember you are not the "applicant", the "applicant" is the council.

Once that's done you can email it to tec@justice.gov.uk with the PCN number in the subject line and both the Order for Recovery and the Charge Certificate will be revoked.

The council will then re-issue the Notice to Owner, again don't rely on the post just keep checking the council website. You'll know the PCN is back at the Notice to Owner stage when the outstanding charge changes to £70. At that point we will help you draft a formal representation.

Thank you for this.

Would you know how one would prove loading in this sort of scenario or what constitutes proof?

79
Civil penalty charge notices (Councils, TFL and so on) / Re: 01 - Parked in a restricted street during prescribed hours (Reading Broad Street)
« on: August 02, 2023, 08:23:39 pm »
Quote from: Incandescent on July 31, 2023, 11:56:47 pm
Well, it depends on your attitude to risk. 

Normally we would advise you to wait for the final statutory document in the process called the Order for Recovery. This means the council have registered the debt at the Traffic Enforcement Centre at Northampton.  The OfR adds £9 onto the CC amount, being the fee to register the debt. At this stage you can submit a Witness Statement that you submitted reps but did not receive a rejection of those reps. The matter reverts, (AIUI), to the Notice to Owner stage. Unfortunately, the discount option is lost, so if you don't win an adjudication, you'd have to pay the full amount.

So you have a decision to make.  You haven't told  us the details of your reps against the original PCN and the circumstances that caused it to be served.

Crazy that they can log a debt against someone like this, and slap another £9 charge on top. My van was on site to load from  a catering trailer and to tow the trailer off-site.

80
Civil penalty charge notices (Councils, TFL and so on) / Re: 01 - Parked in a restricted street during prescribed hours (Reading Broad Street)
« on: August 02, 2023, 07:35:04 pm »
Hi there,

Yes in deed it is a commercial vehicle and van was there to load goods and tow away a catering trailer.

I had been swapping gas bottles at the nose of the trailer when the pcn was attached, and as soon as I saw parking attendant I asked why he had issued a ticket when I was a trader loading and preparing to tow the trailer away.

He apologised saying he had not realised the van belong to a trader and had not seen me before issuing the ticket. He went on to say he would make note and advised me to contest the ticket.

Some further info that may or may not be useful here. There are several traders who operate on the street with trailers, for the purposes of loading/unloading and towing. We usually bring the trailers on before 10am and remove them after 5pm. Never once have I see any parking attendant issue a PCN to the other traders when there vans are parked beside their trailers during or in preparation for towing their trailers. The attendants just walk by. I think what happened here was that the attendant was new and may not have been aware of the street and how traders load/unload and tow.

It typically takes us 15 - 20 minutes to load/unload and to tow. It can take other traders 30min plus and isn't unusual for me to see other traders vehicles for up to an hour.

81
Civil penalty charge notices (Councils, TFL and so on) / 01 - Parked in a restricted street during prescribed hours (Reading Broad Street)
« on: July 31, 2023, 10:49:24 pm »
I had received a PCN attached to my windscreen on date: 18/03/2023 with code 01: Parked on a restricted street during prescribed hours.

This I appealed using the councils online portal within the required period.

Following this I did not hear from them at all for another 3 months. When I did hear from them it was in the form of a Charge Certificate that stated that the penalty had not been paid in full and that the PCN had increased by 50%

I then called the Parking Services team to ask why they had increased the charge since I had appealed the original PCN and received no correspondence. The agent explained that a letter was sent to the address provided at the time and as no payment or further correspondence was received, the notice to owner was issued followed by the charge certificate. The agent went on to advise me to write in explaining that I had not received their correspondence which I immediately did.

One month later I received a letter repeating that they had written to me following my challenge but received no reply or payment. The letter goes on to say my submission has been received outside of the time to make an appeal as once the charge certificate has been issued, you have no further right to appeal. They go on to say they are prepared on this occasion to re-offer the discount of £35 to be paid within 21 days of the date of this letter.

Now I cannot understand how they can deny my right to appeal given they acknowledge my initial challenge and now know that I never received any further correspondence from them before the Charge Certificate was sent.

Pages: 1 ... 4 5 [6]