PePiPoo Helping the motorist get justice

Welcome Guest ( Log In | Register )

PCN - Guildford Borough Council, No response to informal appeal
Echoo
post Thu, 24 May 2018 - 10:47
Post #1


Member


Group: Members
Posts: 12
Joined: 24 May 2018
Member No.: 98,100



Hi there,

I have just discovered these forums and am hoping I could get some help on appealing for my PCN.

I received a PCN for parking next to my house on 22nd March. The ticket was issued due to parking in a restricted street during prescribed hours (Mon-Fri, 10am-4pm). However, the street is a cul-de-sac (https://goo.gl/maps/vfS5esazKUM2) and cars are almost always park there with no issues nor any obstructions to any traffic.

Normally, I would park outside the restricted area, but there were no alternative parking spaces available that night. Therefore, I parked the car in the restricted area in the evening and was planning to move it elsewhere once I saw any alternative parking spaces.

However, the next morning, I found a PCN on my car and decided to submit an online appeal against the challenge, thinking I had nothing to lose. The appeal was submitted the same day (copy attached). After submitting an appeal, I received an acknowledgement of appeal immediately (copy also attached). The acknowledgement said to wait for a response and should the appeal be rejected, the discount rate will still apply.

This morning (24th May) I received a Notice to Owner letter stating that I have failed to pay the fine within the discounted period and now am liable to pay the full £70. However, there's no mention of my previous appeal nor have I received any letter stating that my appeal has been rejected.

Would there be any grounds to make an appeal and perhaps just pay the discounted rate? I understand that I was originally in the wrong and had low expectations for the appeal. However, I thought I had nothing to lose by submitting an appeal.

Any advice would be much appreciated.

Thanks


Attached thumbnail(s)
Attached Image
 

Attached File(s)
Attached File  Parking_fine_appeal_220318.pdf ( 211.01K ) Number of downloads: 23
 
Go to the top of the page
 
+Quote Post
2 Pages V  < 1 2  
Start new topic
Replies (20 - 27)
Advertisement
post Thu, 24 May 2018 - 10:47
Post #


Advertise here!









Go to the top of the page
 
Quote Post
Echoo
post Mon, 25 Jun 2018 - 22:10
Post #21


Member


Group: Members
Posts: 12
Joined: 24 May 2018
Member No.: 98,100



I received a reply letter to my representations earlier today and they have agreed to re-offer the discounted rate. Here are the copies of the documents https://imgur.com/a/8W66glB

According to the letter, the rejection of my informal appeal was sent to my email address on 19th May - 3 days before NtO was issued (22nd May). I have checked my email address and could not find an email from them. I suppose it could've gotten picked up by my spam filters although I would think that is unlikely. They have also attached a copy of the rejection letter that they (supposedly) sent me, which is then dated 19th April rather than May, which quotes wrong restriction times (the actual ones are 10am-4pm, Mon-Fri).

Go to the top of the page
 
+Quote Post
cp8759
post Mon, 25 Jun 2018 - 22:14
Post #22


Member


Group: Members
Posts: 4,972
Joined: 3 Dec 2010
Member No.: 42,618



This letter is very suspicious. Is there anything written on the back?


--------------------
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.
Go to the top of the page
 
+Quote Post
Echoo
post Mon, 25 Jun 2018 - 22:27
Post #23


Member


Group: Members
Posts: 12
Joined: 24 May 2018
Member No.: 98,100



QUOTE (cp8759 @ Mon, 25 Jun 2018 - 23:14) *
This letter is very suspicious. Is there anything written on the back?


Just instructions on how to appeal to the independent adjudicator
Go to the top of the page
 
+Quote Post
cp8759
post Mon, 25 Jun 2018 - 22:42
Post #24


Member


Group: Members
Posts: 4,972
Joined: 3 Dec 2010
Member No.: 42,618



QUOTE (Echoo @ Mon, 25 Jun 2018 - 23:27) *
QUOTE (cp8759 @ Mon, 25 Jun 2018 - 23:14) *
This letter is very suspicious. Is there anything written on the back?


Just instructions on how to appeal to the independent adjudicator

Show us please.


--------------------
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.
Go to the top of the page
 
+Quote Post
Echoo
post Mon, 25 Jun 2018 - 22:49
Post #25


Member


Group: Members
Posts: 12
Joined: 24 May 2018
Member No.: 98,100



QUOTE (cp8759 @ Mon, 25 Jun 2018 - 23:42) *
QUOTE (Echoo @ Mon, 25 Jun 2018 - 23:27) *
QUOTE (cp8759 @ Mon, 25 Jun 2018 - 23:14) *
This letter is very suspicious. Is there anything written on the back?


Just instructions on how to appeal to the independent adjudicator

Show us please.


Sorry, does this link not work? https://imgur.com/a/8W66glB
Go to the top of the page
 
+Quote Post
cp8759
post Mon, 25 Jun 2018 - 23:02
Post #26


Member


Group: Members
Posts: 4,972
Joined: 3 Dec 2010
Member No.: 42,618



My bad for not scrolling down. For the council to issue a non-statutory letter at this stage of the appeal process is a procedural impropriety which means the PCN could be successfully challenged. What they really should have done is issue a formal Notice of Rejection giving you the option of paying the discounted penalty in a 14 day period, the full penalty in a 28 day period, or appeal to the adjudicator within the 28 day period. However in order to win on this basis, you'd have to risk all or nothing and the discount option would be gone. Maybe see what others think of your chances but I think you'd have a fair shot at getting the Penalty Charge Notice cancelled on the basis of a procedural impropriety.


--------------------
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.
Go to the top of the page
 
+Quote Post
Echoo
post Wed, 27 Jun 2018 - 18:02
Post #27


Member


Group: Members
Posts: 12
Joined: 24 May 2018
Member No.: 98,100



QUOTE (cp8759 @ Tue, 26 Jun 2018 - 00:02) *
My bad for not scrolling down. For the council to issue a non-statutory letter at this stage of the appeal process is a procedural impropriety which means the PCN could be successfully challenged. What they really should have done is issue a formal Notice of Rejection giving you the option of paying the discounted penalty in a 14 day period, the full penalty in a 28 day period, or appeal to the adjudicator within the 28 day period. However in order to win on this basis, you'd have to risk all or nothing and the discount option would be gone. Maybe see what others think of your chances but I think you'd have a fair shot at getting the Penalty Charge Notice cancelled on the basis of a procedural impropriety.


Thanks, that sounds like some good news. I will wait to see what others say and will try to challenge if others agree
Go to the top of the page
 
+Quote Post
Echoo
post Tue, 3 Jul 2018 - 17:20
Post #28


Member


Group: Members
Posts: 12
Joined: 24 May 2018
Member No.: 98,100



Just an update - I know cp8759 said there is a good chance of winning the case. However, I've decided to simply go ahead and pay the discounted rate later tonight since I was indeed parked during restricted hours.
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: Sunday, 21st October 2018 - 15:41
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.