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Council fine
jamie2017
post Sun, 7 Jun 2020 - 00:18
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Moved to the property just over a month ago, spoke to the council regarding the process to get a permit and was told to get a temporary permit for one month online and upload my tenancy agreement etc to the portal. Council informed me within the one month they would review the documents and I would be able to get the full permit.

Long story short, the council never reviewed the documents and I was unable to obtain a permanent permit. I was issued a ticket today. I did manage to speak to someone in the council after 2 hours on hold and was informed I should have called back to apply for another temporary permit and things are delayed due to corona. They have applied another one month temporary permit for me.

Where do I stand on this? I had no idea I could call and get another permit, and had been waiting for them to finish their review.
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post Sun, 7 Jun 2020 - 00:18
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hcandersen
post Sun, 7 Jun 2020 - 07:35
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Short story even shorter, I parked in a permit space without a valid permit!

Using this as our starting point we can then investigate..why?

We need the physical context pl. The PCN was served on 6th therefore the discount's safe until 19th, so plenty of time.

Did you have a physical or virtual permit?
If physical, was it actually on display and what expiry date was stated?
What correspondence did you receive from the council when it was issued?


And a word of warning for this and for the rest of your life: the telephone can be the Devil's instrument. In 99.999% of calls each party has a clear recollection of what was said and agreed, but unfortunately it is not a shared understanding. 'Oh, I thought you meant ****'!!

The three 'Rs': Writing, writing, writing.
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Mad Mick V
post Sun, 7 Jun 2020 - 08:18
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+1

It is important that the OP is clear that the Council "promised" him a full permit within a month. Against that he should have renewed the temporary one. In the present situation IMO the onus was on him to do that, although it can be said the Council should have issued a longer temp permit.

What I would suggest is a challenge based on abuse of process if the information requested by hca is forthcoming.

In essence this means one part of the Council promised something but failed whilst another part of the Council took action due to such failure.

2180435584 (Extract)


The PCN was issued in this case, and the vehicle removed, on the basis that the Appellant had no permit. The reason she had no permit on the date of the observation was that the permit which she had been granted by the Council, and on which she had relied on to park for virtually a whole year without difficulty, had been revoked by the Council without her knowledge. This seems on the face of it a very unsatisfactory state of affairs.

-------------------------------------


This is therefore a case where the absence of a valid permit was caused purely by the actions of the enforcement authority itself. Allowing the Council to enforce a penalty in these unusual circumstances would amount to the equivalent of an abuse of process, and in such a case no enforceable contravention can be said to have occurred (see the dicta in Camden v The Parking Adjudicator and BHS t/a First for Food Service Ltd [2011] EWHC 295 Admin [2011]EWCA Civ 905). The Appeal is therefore allowed.
Mick


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hcandersen
post Sun, 7 Jun 2020 - 10:35
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I think the onus moves towards the council if the permit was virtual, hence why the OP needs to clarify.
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jamie2017
post Sun, 7 Jun 2020 - 17:28
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QUOTE (hcandersen @ Sun, 7 Jun 2020 - 11:35) *
I think the onus moves towards the council if the permit was virtual, hence why the OP needs to clarify.

It’s a virtual permit but the council had not yet processed the documents so I had not paid for a full year permit just a monthly one. I didn’t realise I could get a second virtual permit so had been meaning to call the council at some point next week.

If I appeal do I lose the 50% discount?
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cp8759
post Sun, 7 Jun 2020 - 18:01
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QUOTE (jamie2017 @ Sun, 7 Jun 2020 - 18:28) *
If I appeal do I lose the 50% discount?

As long as you make a representation with the 14 day discount period, most councils will re-offer the discount even if they reject.

You don't seem to contest the contravention so in truth all you have to go on is the council's discretion, post a draft of what you plan on sending on here for review.


--------------------
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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stamfordman
post Sun, 7 Jun 2020 - 18:12
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I would be surprised if they don't cancel this. They failed to get you a permit in the time they said and you can hardly be expected to hang on the phone for hours. An email though querying what was happening would have been good though.
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