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If you challenge a pcn within the discount period?
sam1888
post Fri, 20 Sep 2019 - 04:29
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Hi

If you challenge a pcn within the 14 discount period, do you know if the lower price is frozen and can be paid later? Its not clear on the ticket. Watford Borough Council.

Are there any instances of it being cleared on the grounds of health. I had just got back the car after a 10 month break following a car accident (no fault on my part) and then it was a health appointment i was dealing with at the time caused me confusion, etc.

I did wrongly park but due to a combination of issues, as I had to go return the car to the garage to get something put right, so ended up parking here, etc. I was incorrectly parked but other issues going on caused my error.

Basically is there any "humanity" in this process of appealling or challenging a ticket?

Thanks

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post Fri, 20 Sep 2019 - 04:29
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hcandersen
post Fri, 20 Sep 2019 - 06:38
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https://www.watford.gov.uk/info/20014/parki...d_enforcement/3

If your reason is rejected and you have acted quickly following the issue of the ticket, you will usually be given a further 14 days to pay at the discounted rate of £25 or £35, depending on the severity of the contravention.
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sam1888
post Fri, 20 Sep 2019 - 08:11
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QUOTE (hcandersen @ Fri, 20 Sep 2019 - 07:38) *
https://www.watford.gov.uk/info/20014/parki...d_enforcement/3

If your reason is rejected and you have acted quickly following the issue of the ticket, you will usually be given a further 14 days to pay at the discounted rate of £25 or £35, depending on the severity of the contravention.


As a council usually rejects it, does it mean if i have to go to the independent one, I still have the discount option or does that get lost at some point?
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Incandescent
post Fri, 20 Sep 2019 - 08:20
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Right to a discount is lost at Notice to Owner stage, although some councils do re-offer it when rejecting formal reps. The discount option is lost at adjudication, (the final stage of the appealing process)
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sam1888
post Fri, 20 Sep 2019 - 12:17
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QUOTE (Incandescent @ Fri, 20 Sep 2019 - 09:20) *
Right to a discount is lost at Notice to Owner stage, although some councils do re-offer it when rejecting formal reps. The discount option is lost at adjudication, (the final stage of the appealing process)


Do you mean the part when it goes to the independent body? Thats a bit unfair isn't it? !!
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hcandersen
post Fri, 20 Sep 2019 - 12:40
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OP, I'm afraid that if we tried to right every 'unfairness' we'd wear ourselves out.

As long as you understand the procedure, this is all we can do unless you want to share the specifics of your PCN by posting both sides, deleting only your personal info, a synopsis of the alleged contravention and circumstances, the council's photos and a Google Street View.

https://www.londontribunals.gov.uk/eat/unde...rcement-process




This post has been edited by hcandersen: Fri, 20 Sep 2019 - 12:40
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PASTMYBEST
post Fri, 20 Sep 2019 - 13:14
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QUOTE (sam1888 @ Fri, 20 Sep 2019 - 13:17) *
QUOTE (Incandescent @ Fri, 20 Sep 2019 - 09:20) *
Right to a discount is lost at Notice to Owner stage, although some councils do re-offer it when rejecting formal reps. The discount option is lost at adjudication, (the final stage of the appealing process)


Do you mean the part when it goes to the independent body? Thats a bit unfair isn't it? !!


The penalty is whatever the full amount is if London then it could be £130 so discounted to £65 if liability is accepted and payment is prompt. If payment is delayed of liability is not accepted then the penalty is demanded in full. I cannot see what is unfair about that

you get a discount in court if you plead guilty


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All advice is given freely. It is given without guarantee and responsibility for its use rests with the user
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sam1888
post Fri, 20 Sep 2019 - 14:24
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QUOTE (PASTMYBEST @ Fri, 20 Sep 2019 - 14:14) *
QUOTE (sam1888 @ Fri, 20 Sep 2019 - 13:17) *
QUOTE (Incandescent @ Fri, 20 Sep 2019 - 09:20) *
Right to a discount is lost at Notice to Owner stage, although some councils do re-offer it when rejecting formal reps. The discount option is lost at adjudication, (the final stage of the appealing process)


Do you mean the part when it goes to the independent body? Thats a bit unfair isn't it? !!


The penalty is whatever the full amount is if London then it could be £130 so discounted to £65 if liability is accepted and payment is prompt. If payment is delayed of liability is not accepted then the penalty is demanded in full. I cannot see what is unfair about that

you get a discount in court if you plead guilty


There were mitigating circumstances, whether on appeal that is considered allowed or not I have no idea until I try. But I could be penalised for trying.

Do you know any wins / rulings where on the grounds of health they were allowed?
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Neil B
post Fri, 20 Sep 2019 - 14:32
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What stage are you actually at?


--------------------
QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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sam1888
post Fri, 20 Sep 2019 - 14:55
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QUOTE (Neil B @ Fri, 20 Sep 2019 - 15:32) *
What stage are you actually at?


Just sent off to the council, but I cant see the council overturn their own decisions, within the 14 days.

This post has been edited by sam1888: Fri, 20 Sep 2019 - 14:55
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Neil B
post Fri, 20 Sep 2019 - 15:49
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QUOTE (sam1888 @ Fri, 20 Sep 2019 - 15:55) *
QUOTE (Neil B @ Fri, 20 Sep 2019 - 15:32) *
What stage are you actually at?


Just sent off to the council, but I cant see the council overturn their own decisions, within the 14 days.

Basics.
Date of PCN?
We've also not seen it.
We don't even know if you really were in contravention.
Date of challenge? How sent?


--------------------
QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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cp8759
post Fri, 20 Sep 2019 - 19:10
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Show us the PCN, the council evidence, and give us a link to the location on google street view. We can then give you some actual advice rather than mere speculation.


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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Plywood-Enthusia...
post Sat, 21 Sep 2019 - 09:21
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If they didn't withdraw the discount before adjudication, everyone would take a chance at adjudication.

This way only people who believe they have a real chance to win at adjudication will take it. Because you have to put your money where your mouth is and risk x2 fine to appeal your discounted fine.

The adjudication process wouldn't work and be overloaded if everyone just took a chance at adjudication because they have nothing to lose.

I only had to go adjudication once, set the date and sent in the evidence for hearing and the council decided not to contest it and the PCN was cancelled a week before the hearing. Contrary to other people's experiences I've had good luck with appealing tickets directly with the council got 4 cancellations from council.

This post has been edited by Plywood-Enthusiast: Sat, 21 Sep 2019 - 09:27
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spaceman
post Sat, 21 Sep 2019 - 12:12
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QUOTE (sam1888 @ Fri, 20 Sep 2019 - 15:24) *
QUOTE (PASTMYBEST @ Fri, 20 Sep 2019 - 14:14) *
QUOTE (sam1888 @ Fri, 20 Sep 2019 - 13:17) *
QUOTE (Incandescent @ Fri, 20 Sep 2019 - 09:20) *
Right to a discount is lost at Notice to Owner stage, although some councils do re-offer it when rejecting formal reps. The discount option is lost at adjudication, (the final stage of the appealing process)


Do you mean the part when it goes to the independent body? Thats a bit unfair isn't it? !!


The penalty is whatever the full amount is if London then it could be £130 so discounted to £65 if liability is accepted and payment is prompt. If payment is delayed of liability is not accepted then the penalty is demanded in full. I cannot see what is unfair about that

you get a discount in court if you plead guilty


There were mitigating circumstances, whether on appeal that is considered allowed or not I have no idea until I try. But I could be penalised for trying.

Do you know any wins / rulings where on the grounds of health they were allowed?


If you get there, Adjudicators are unable to consider mitigation. They are unable to do this under the regulations and are effectively barred from doing so by a High Court ruling [Walmsley v TfL & Others].


This post has been edited by spaceman: Sat, 21 Sep 2019 - 12:13
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spaceman
post Sat, 21 Sep 2019 - 12:36
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QUOTE (sam1888 @ Fri, 20 Sep 2019 - 15:24) *
QUOTE (PASTMYBEST @ Fri, 20 Sep 2019 - 14:14) *
QUOTE (sam1888 @ Fri, 20 Sep 2019 - 13:17) *
QUOTE (Incandescent @ Fri, 20 Sep 2019 - 09:20) *
Right to a discount is lost at Notice to Owner stage, although some councils do re-offer it when rejecting formal reps. The discount option is lost at adjudication, (the final stage of the appealing process)


Do you mean the part when it goes to the independent body? Thats a bit unfair isn't it? !!


The penalty is whatever the full amount is if London then it could be £130 so discounted to £65 if liability is accepted and payment is prompt. If payment is delayed of liability is not accepted then the penalty is demanded in full. I cannot see what is unfair about that

you get a discount in court if you plead guilty


There were mitigating circumstances, whether on appeal that is considered allowed or not I have no idea until I try. But I could be penalised for trying.

Do you know any wins / rulings where on the grounds of health they were allowed?


DUPLICATED

This post has been edited by spaceman: Sat, 21 Sep 2019 - 12:50
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