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Incorrect name on council response to appeal, PCN contested in HOVE.. Insufficient Grounds to appeal
HoveResident1
post Sat, 28 Jul 2012 - 12:03
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Dear All

I received a PCN on 15th July 2012

I appealed mearly on the grounds that I was disabled and Blue Badge was on display
however the clock was showing as expired. the truth being I forgot to amend the time shown.

I have received a reply from BRIGHTON AND HOVE COUNCIL today with letter dated 27th JULY 2012
and although it has arrived by post at my address,the name of the addressee has no likeness to mine even though I
have VO5 in my name ect..and my correct name was clearly on my original appeal letter.

I have 15 days to appeal there ruling of not sufficent grounds to cancel the PCN.

Should I let them run with the incorrect surname but correct address,(I have no idea where this surname has come from ) and ave resided in my property
for over 10 years...

Or should I now look at all angles of appeal..

MANY THANKS please advise..
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post Sat, 28 Jul 2012 - 12:03
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SchoolRunMum
post Sat, 28 Jul 2012 - 13:43
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I am from your area too. smile.gif

You should look at all angles of appeal. A friend has appealed 2 PCNs in Hove and had to go to adjudication on both, and won both.

Let's see your pics please, all pages of every document please. Use a mobile phone or digital camera if you don;t have a scanner. We need to see the PCN (both sides) and that rejection letter (please don't type it out).

Also where were you parked, in a car park or on street? Where? Can you link the place on Google Street View in a reply here please?
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Neil B
post Sat, 28 Jul 2012 - 15:00
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Please follow what Mum suggested but yes, you might have a point of interest to start with.

The V5 shouldn't be relevant at this stage; They should reply to the challenger.

If its a different name entirely (and possibly the name of another appellant for another case?) then you may well have a case of 'failure to consider'. Whose points are they responding to!!! ???

We will know more when you show docs as Mum said.


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

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HoveResident1
post Sun, 29 Jul 2012 - 13:40
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Will post all scanned docs and letters inc pin on Monday as i am away for the weekend
thanks for the replies..
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HoveResident1
post Mon, 30 Jul 2012 - 17:37
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Have been able to scan reply letter from council..can not scan PCN as my elderly friend who received the ticket returned it to the council with the appeal. and did not save the initial letter.
I have also attached the google street view image ..however the image id from 2009 and does not show the disabled bay ,this was put there in 2011. however also where the white car is parked is where the BAY is located..



This post has been edited by HoveResident1: Thu, 2 Aug 2012 - 09:02
Attached thumbnail(s)
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Attached File(s)
Attached File  PCN_SCAN.pdf ( 1.15MB ) Number of downloads: 155
 
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hcandersen
post Mon, 30 Jul 2012 - 18:53
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The bay's not relevant as the alleged contravention is being parked on double yellow lines (you were in the bay and on the DYL apparently).

The council's committed a blunder in its response because you submitted your challenge quickly and they responded similarly. The council have threatened to serve ("will serve") a NTO without lawful authority. This arises because their letter refers to "if you do not pay within 14 days a NTO will be sent to the owner". Oh no it won't. The council may only serve a NTO after the period of 28 days beginning on the date of service has elapsed. The council's response threatens to do this on 10th Aug (14 days after the date of the letter - it doesn't state service, so you're perfectly entitled to assume date of the letter), however, the legal date is 11 Aug.


HCA
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SchoolRunMum
post Tue, 31 Jul 2012 - 00:30
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And the final paragraph 'APPEAL FURTHER' that HCA mentions, bangs on about the 'keeper' and also states wrongly 'only the keeper can do this'.

Errrrrrmmmm...only the OWNER is responsible.
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HoveResident1
post Tue, 31 Jul 2012 - 17:40
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many thanks for the encouraging response.
I shall leave my reply to last knocking..!
And once pin is squashed encourage my elderly neighbour to make
a donation.

many thanks will continue to post re this pcn as and
when updates occur..
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HoveResident1
post Wed, 1 Aug 2012 - 11:53
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[attachment=16539:PCN_02072012.pdf]

have today popped into my neighbours to show him replies on website..and he has produced another response to another PCN issued on the 02 July 2012.
It arrived by post whilst i was here..!
He is parked in exactly the same Disabled Bay and the response seems to be identical from the Parking Services departement.
I have not seen the ticket nor his original reply.

Attached is a scan of the letter received .

Should I once again wait for the NTO to be issued or be appealing further in writting on his behalf

Many Thanks

This post has been edited by HoveResident1: Thu, 2 Aug 2012 - 09:13
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HoveResident1
post Thu, 9 Aug 2012 - 10:21
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COULD YOU PLEASE ADVISE WHAT I NEED TO DO NEXXT ?
DO await NTO

many thanks
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SchoolRunMum
post Thu, 9 Aug 2012 - 12:08
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I can't see that latest 'attachment' you mention?
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HoveResident1
post Fri, 10 Aug 2012 - 10:40
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I started a new thread on it so as not to confuse the issue.
You can find it via my posts .there are only 2.

I know the council has messed up with its reply leter on previous PCN and letter on 2nd PCN is same text different parking offence.
HOWEVER I have no idea what my next move is on either .. do i need to reply again or wait or just ignore

Thankyou
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SchoolRunMum
post Fri, 10 Aug 2012 - 12:57
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You do have an idea because the letter tells you what the options are. Ignoring is not one of them unless you like bailiffs on your doorstep in the end!

I would await the NTO and then post it up here when it arrives, if you are sure that you wish to fight on. The discount will have gone, let's be clear, so you'll be appealing formally and then at adjudication and it will be on an all or nothing basis (full penalty would have to be paid if you lose, nothing if you win). No costs or Court or anything. I would carry on if it were me, but I just wanted you to know what's what and to make an informed decision if you are carrying on.
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HoveResident1
post Sat, 11 Aug 2012 - 12:03
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Thanks for the advise YES i am happy to wait for the NTO ...and go to adjudication as and when
Will post NTO when it arrives
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Enceladus
post Sat, 11 Aug 2012 - 14:35
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Please post up scrubbed scans of all sides of the original PCN. And the text that you sent to the Council.

Scrubbed means obscure your name & address, PCN number and car reg. Please leave visible any dates, time, location and Council info.

Why were you parked half out of the bay?

And to what extent is the name different. A typo or Elmer Fudd v Fred Flintstone.

This post has been edited by Enceladus: Sat, 11 Aug 2012 - 15:12
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HoveResident1
post Thu, 16 Aug 2012 - 08:21
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PDF SCAN is in the 3rd thread of this Post thanks .
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Enceladus
post Thu, 16 Aug 2012 - 13:21
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QUOTE (HoveResident1 @ Thu, 16 Aug 2012 - 09:21) *
PDF SCAN is in the 3rd thread of this Post thanks .

I assume you mean post #5 above? So far as I can see the document there contains a scan of a rejection letter from the Council. Which is fine as that is also required. However I asked you to please post up scans of both sides of the original PCN and also the text of the letter that was sent to the Council (ie. your informal representations against the PCN).

QUOTE (HoveResident1 @ Wed, 1 Aug 2012 - 12:53) *
[attachment=16539:PCN_02072012.pdf]

also
You attempted to attach a file to post #9 above. We cannot see the attachment.

In general please do not "attach" files to your posts. It is not intended for this purpose and has limited functionality. Instead please upload all scans / images etc to a suitable free of charge hosting service. This will generate HTML links which you simply copy and paste into your posts on here. Easy as falling off a bike when you have done it once.

I use tinypic.com with no issues. A guide to all this is to be found in the site FAQ section here. Any issues then please post back and somebody will talk you through it.
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HoveResident1
post Thu, 16 Aug 2012 - 17:50
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ok thanks for info i could not csan the PCNS as the offender ! my elderly neighbour returned them with his written appeal of which he also did not keep a copy..
the file I attempted to post 9 i started as a new thread .thanks

This post has been edited by HoveResident1: Thu, 16 Aug 2012 - 17:52
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Enceladus
post Thu, 16 Aug 2012 - 20:57
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QUOTE (HoveResident1 @ Thu, 16 Aug 2012 - 18:50) *
ok thanks for info i could not csan the PCNS as the offender ! my elderly neighbour returned them with his written appeal of which he also did not keep a copy..
the file I attempted to post 9 i started as a new thread .thanks

Please let us leave the neighbour out of this for a minute.
As I understand it, this thread relates to your Penalty Charge Notice.
This being the case then please post up scrubbed scans of all sides of all pages of your PCN.
and
The text of the letter or email or web-form that you sent to the Council by way of "informal representations".

This post has been edited by Enceladus: Thu, 16 Aug 2012 - 21:10
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Enceladus
post Thu, 16 Aug 2012 - 21:22
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PS.
Do we correctly understand that we are dealing with two discrete Penalty Charge Notices?
Albeit for the same location?
One PCN, the PCN discussed in this thread relates to a vehicle of which you are the registered keeper?
The other PCN relates to a different vehicle of which your neighbour is the RK?

I assume that is all correct? If not then please feel free to correct.

Concerning your PCN: Asides from posting up the documents I asked for can you please explain why it would appear from the Council photos that you were parked half in / half out of the bay? What is the reason for that?
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