PePiPoo Helping the motorist get justice Support health workers

Welcome Guest ( Log In | Register )

PCN procedires incorrectly followed by CC?
johnojones
post Thu, 18 Oct 2018 - 11:35
Post #1


New Member


Group: Members
Posts: 9
Joined: 17 Oct 2018
Member No.: 100,445



Hello, I received a PCN of which i vehemently refuse to accept due to lack of signage. I have followed the guidelines, but the replies, appeal times, etc from the council warden department do not seem to be follow the procedures.Allow me to be as brief as possible.

On the day of the alleged offence,14th August I logged an appeal direct through the council website and addressed the letter as an informal appeal. i did not supply any photographic or other evidence at this stage, there were no options to upload any files .

I received an email reply on 17th August refusing the appeal on the grounds that although no signs or markings were in the street i parked in, I was in a permit controlled zone, and in short, there is no need for further signage, therefore the charge will not be cancelled. I wish to dispute this.

The discounted charge was extended for 14 days from the date of the reply, but no forms or channels of appeal enclosed.
I awaited the next step which was a NTO. issued on 20th September, but this gave only 14 days to reply ( not 28 ?) and a form giving the options of admitting driver and payment, denying ownership etc, but again, no appeal forms or options to do so.

On the 13th day (3rd October) I visited the council in person explaining that I could not return the form as I would be admitting liability, and of course the only options given was to do this and pay the fine. There was nobody available at that time and I received a phone call as promised the next day. Strangely by the environmental health dept! anyways, the council member insisted that the INFORMAL appeal has been treated as a FORMAL appeal and that I could submit a 2nd and final appeal and said to this just email them and gave me the address. Having been disillusioned with all this, and preferring an official line of appeal,I pondered my options only to now receive a Notice of intended prosecution sent on 11th October, and to pay within 7 days of letter today Thursday 18th otherwise court proceedings will begin. So although my initial appeal was based on lack of signage, I think the council are not following the correct procedures either. please advise, many thanks.

NTO

NIP
Attached File(s)
Attached File  appeal.pdf ( 917.15K ) Number of downloads: 81
Attached File  kr01800315_1_.pdf ( 138.59K ) Number of downloads: 70
 
Go to the top of the page
 
+Quote Post
2 Pages V  < 1 2  
Start new topic
Replies (20 - 26)
Advertisement
post Thu, 18 Oct 2018 - 11:35
Post #


Advertise here!









Go to the top of the page
 
Quote Post
stamfordman
post Sat, 20 Oct 2018 - 23:55
Post #21


Member


Group: Members
Posts: 23,582
Joined: 12 Feb 2013
From: London
Member No.: 59,924




NORTHAMPTONSHIRE COUNTY COUNCIL PARKING SERVICES CIVIL PARKING ENFORCEMENT GUIDELINES
INTRODUCTION
This document outlines the parking enforcement protocols adopted by Northamptonshire County Council. The guidance does not apply to Kettering Borough Council which falls outside the Civil Enforcement Area. Parking enforcement in Kettering is undertaken by Northamptonshire Police.

https://www3.northamptonshire.gov.uk/counci...18%20(GDPR).pdf
Go to the top of the page
 
+Quote Post
DancingDad
post Sun, 21 Oct 2018 - 07:50
Post #22


Member


Group: Members
Posts: 25,726
Joined: 28 Jun 2010
From: Area 51
Member No.: 38,559



You are continuing down a potentially very expensive route.
You refer to a PCN, then call it a Parking Charge Notice.
But cannot show us the beasty cos you have lost it !
I had a Parking Charge Notice once.... from a private parking firm.
And have seen thousands of Penalty Charge Notices from councils acting under decriminalised laws

But what you have showed us plus simple research says you did not get one of those, no matter what you call it, it was a parking ticket issued under criminal laws.
And the repercussions of those can be mind blowing.
Where you are now seems to be that the next letter you get will be a summons to appear in magistrate's court charged with failing to furnish driver details.
A simple appearance, binary question, did you supply or not?
No, but the parking ticket was .... Thank You.... Guilty as charged...… You are fined X plus ordered to pay court costs of Y plus Victims Surcharge of Z.
But what about the parking ticket?.... Nothing to do with Failing To Furnish, next case please.
X+Y+Z will be hundreds.

And then they can also summons you for non payment of the parking charge.
Again, a simple binary questions, did you pay or not?
Sweet Fanny Adams about whether the charge was correct, the charge will be failing to pay.
Same repercussions.

I hate telling people to pay but in this case cannot stress it enough, clear it, now!
Go to the top of the page
 
+Quote Post
cp8759
post Sun, 21 Oct 2018 - 11:40
Post #23


Member


Group: Members
Posts: 38,006
Joined: 3 Dec 2010
Member No.: 42,618



QUOTE (johnojones @ Sat, 20 Oct 2018 - 23:54) *
chaps please understand . It is confusing because although the letters from the council state an excess charge in one and a fixed penalty charge in another, these are wrong. I received a parking charge notice.This has been confirmed by the local authority on Thursday. The person representing the parking wardens could not explain the mix up, but has a copy of the original issue and it definitely confirmed is a PCN. i started from the online official .gov website here;

Whatever you may say, you are about to be criminally prosecuted in the Magistrates' Court, at which point you will effectively be a convicted criminal. If I were you I'd rather pay the £75 now, at least you get to keep your good character that way.


--------------------
If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
Go to the top of the page
 
+Quote Post
johnojones
post Sun, 21 Oct 2018 - 13:01
Post #24


New Member


Group: Members
Posts: 9
Joined: 17 Oct 2018
Member No.: 100,445



i see, the kettering council are not bound by the procedures of the enforcement laws, the basis of this argument.They are a controlled by the police. Now i understand why you all say pay it. I'd better get it done,
thanks everyone.
Go to the top of the page
 
+Quote Post
DancingDad
post Sun, 21 Oct 2018 - 13:26
Post #25


Member


Group: Members
Posts: 25,726
Joined: 28 Jun 2010
From: Area 51
Member No.: 38,559



Both Kettering Council and Police are bound by enforcement laws.
Just not the ones you thought they were.
These ones are nasty and can leave you extremely exposed via collateral criminal charges.
Go to the top of the page
 
+Quote Post
johnojones
post Sun, 21 Oct 2018 - 20:58
Post #26


New Member


Group: Members
Posts: 9
Joined: 17 Oct 2018
Member No.: 100,445



i have found the ticket and it is a FPN after all.section 12
Go to the top of the page
 
+Quote Post
southpaw82
post Sun, 21 Oct 2018 - 22:10
Post #27


Member


Group: Members
Posts: 33,610
Joined: 2 Apr 2008
From: Not in the UK
Member No.: 18,483



QUOTE (johnojones @ Sun, 21 Oct 2018 - 21:58) *
i have found the ticket and it is a FPN after all.section 12

I’m shocked...


--------------------
Moderator

Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
Go to the top of the page
 
+Quote Post

2 Pages V  < 1 2
Reply to this topicStart new topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members:

 



Advertisement

Advertise here!

RSS Lo-Fi Version Time is now: Thursday, 28th March 2024 - 21:40
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.
IPS Driver Error

IPS Driver Error

There appears to be an error with the database.
You can try to refresh the page by clicking here