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Parking ticket received, machines not working.
sabs
post Sat, 17 Feb 2018 - 12:24
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Hiya,

I received a ticket at the beginning of September for parking without a valid pay and display ticket. The machine went working and there was a pay by phone option, however I didn’t haven’t phone.
My 3 year old was starting a new school and I was taking her for the first time to start settling, I also had my 7month old son with me.
The next machine was too far for me to walk with both kids, as I suffer from severe Rgeumatoid arthritis.

I appealed the initial PCN which was rejected, and am now waiting for the letter for me to appeal to the adjudicator. It doesn’t help that I had a hire car company at the time so have had to already pay out due to administration fees.

The following day my husband took my daughter for settling and he walked the whole road, the side roads and not 1 machine was working. He walked an unreasonable distance to get a ticket to display. I called the council to let them know about their machines to which I was told all the machines around Newham have the same problem.

I asked why people are given tickets if the council are aware of this problem, to which she said there is an alternative which is to pay by phone or to park elsewhere.

I had intentions to pay for my ticket, I ensured I had cash and change on me to do this, but unfortunately my phone was left behind and rushing with two young kids.

Currently I am being asked to pay the full amount of £135.00 , and really do not want to pay if I have a case to fight this .
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post Sat, 17 Feb 2018 - 12:24
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stamfordman
post Sat, 17 Feb 2018 - 12:44
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Do you have a notice to owner reissued in your name from the hire company? What have you paid so far - just an admin fee?

Post the correspondence - use a pic site such as Imgur or Flickr to host pics of letters.

This post has been edited by stamfordman: Sat, 17 Feb 2018 - 12:44
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sabs
post Sat, 17 Feb 2018 - 12:54
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The hire car company said they have informed the council of my details, however I have not yet received anything to take the appeal forward.
I have paid £35 to the hire car company already and now just received another letter to pay £135.00c however they do state to let them know if I am wanting to dispute the PCN.
I have lost the PCN but will upload what documents I have
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Mad Mick V
post Sat, 17 Feb 2018 - 13:01
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I would have guessed Redbridge but Newham's just as bad. Their rationale is to let the ticket machines become unusable and rely on pay by phone only (not customer friendly but it saves them money). What do they spend their penalty charge income on?

We need to have a Google Street View of the parking bay and need to determine if the parking places order says pay by phone if a meter is kaput.

Mick
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sabs
post Sat, 17 Feb 2018 - 13:03
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https://www.flickr.com/gp/155513302@N05/67g309

https://www.flickr.com/gp/155513302@N05/c1a8r3

https://www.flickr.com/gp/155513302@N05/56G24F

It’s newham 🙄
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stamfordman
post Sat, 17 Feb 2018 - 13:14
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The note from Enterprise does not give you any recourse to appeal - they are paying the PCN at full rate as the owner and passing the charge to you under the contract terms.

Is there anything else from Enterprise that gives you indication they will transfer liability?
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Mad Mick V
post Sat, 17 Feb 2018 - 13:17
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None of the signs in that road say anything about PBP (and the meter is not a "traffic sign"):-

https://www.google.co.uk/maps/place/St+Step...#33;4d0.0377027

Mick
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sabs
post Sat, 17 Feb 2018 - 13:23
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https://www.flickr.com/gp/155513302@N05/JjGTm1

Sorry missed end of letter out

There are no signs of PBP, the only indication was on the ticket machine itself. But I wasn’t aware of this change until that day when I went to pay for a ticket .
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stamfordman
post Sat, 17 Feb 2018 - 13:56
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OK sorry I see Enterprise has done something with council - this should be to reissue the PCN to you under legislation that allows this to happen. It could take some time - you could call council and ask.

Also ask Enterprise if they have withdrawn the payment and will only charge you the admin fee.
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sabs
post Sat, 17 Feb 2018 - 13:58
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They are closed now. I will call both enterprise and council on Monday.
Do I have a case though. ! is It worth the fight?
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stamfordman
post Sat, 17 Feb 2018 - 14:03
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QUOTE (sabs @ Sat, 17 Feb 2018 - 13:58) *
Do I have a case though. ! is It worth the fight?



If you have lost the discount option there is no more to pay to take it to the tribunal and I think you have a good case.
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sabs
post Sat, 17 Feb 2018 - 14:08
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Ok.
I will drafty letter to the adjudicator once I receive the paperwork and will put on here for advice? Would you say that’s he next step?
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stamfordman
post Sat, 17 Feb 2018 - 14:12
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QUOTE (sabs @ Sat, 17 Feb 2018 - 14:08) *
Ok.
I will drafty letter to the adjudicator once I receive the paperwork and will put on here for advice? Would you say that’s he next step?



No, there will be a formal appeal to the council first. But let's see if indeed you'll be getting the chance.
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sabs
post Sat, 17 Feb 2018 - 14:14
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I have made the formal appeal to the council and it got rejected. Please see forst letter .
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stamfordman
post Sat, 17 Feb 2018 - 14:16
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QUOTE (sabs @ Sat, 17 Feb 2018 - 14:14) *
I have made the formal appeal to the council and it got rejected. Please see forst letter .


It's a two stage process - the first one is an informal challenge. A formal appeal is to the notice to owner, which was sent to Enterprise when you didn't pay the PCN.
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sabs
post Sat, 17 Feb 2018 - 14:21
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Ok cool. Will call both on Monday and take it from there.
Is there anything different I should say in my formal
Appeal?
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sabs
post Mon, 19 Feb 2018 - 09:13
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So I called enterprise who have emailed me a letter of authority.
They said they send a transfer of liability to the council which got rejected and they received a notice to owner so now they will send a cheque and take money out of my account. I explained I am appealing and not to send them any cheques . They say once appeal is won they will refund. I was battling with this for nearly an hour, however she says that’s procedure.
Do I just write to the council with this letter of authority indicating I wish to appeal and that I didn’t receive formal appeal process paperwork?
I am concerned if they pay this will squash it?


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DancingDad
post Mon, 19 Feb 2018 - 09:55
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Get back onto Enterprise.
In writing, specifically instruct them not to pay as you are challenging the NTO using their written authority.
IF they pay, the case will be closed.
That is simple fact.


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Mad Mick V
post Mon, 19 Feb 2018 - 10:02
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In a legal sense, if the Council has rejected Enterprise's transfer of liability documents, this means Enterprise have no authority to ask you to pay the PCN. They have to have proper documentation to do this under The Road Traffic (Owner Liability) Regulations 2000.

First get copies of the Council's rejection from them because this is key evidence.

Then go back to them and fight on that basis and say if they take any money from your credit card you will raise a case against them in the Small Claims Court.

Mick

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sabs
post Mon, 19 Feb 2018 - 10:42
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Just got off the phone. They saying there’s nothing they can do. They have paid and I can still appeal with the letter of authority they have sent to me . They will be sending me the councils rejection letter via email.
They said they tried to transfer and council rejected and hey don’t understand why they rejected so it was in their best interests to pay before he fine went to debt collectors.
What do I do?
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