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PCN - Chiltern District Council - Permit fell off dash, Contravention Code: 83
DalloIsThis
post Tue, 18 Sep 2018 - 09:23
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Hi guys, I came back from work and saw that I had received a PCN on my car as my monthly parking permit from Chiltern District council had fallen off the dash. It was definitely on there when I left for work but I think fell off when I shut the door. I park in the multi-storey car park every day and pay every month to park there.

It's a little annoying since the permit they provide has no adhesive for me to stick it on my windscreen at all.

The contravention code is also strange as this car park provides parking without needing to display a ticket via RingGo, could this make it invalid?

I have attached the PCN front and rear, please let me know if you require any more information!

This post has been edited by DalloIsThis: Tue, 18 Sep 2018 - 09:25
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post Tue, 18 Sep 2018 - 09:23
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Incandescent
post Tue, 18 Sep 2018 - 10:00
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PbP systems really call into question a contravention of "not displaying", and they really should use "no payment made". However if they did this, they'd lose the cash from fluttering tickets like yours. Yes, cynicism rules in parking departments ! Problem is the PCN is valid and would seem not to contain any fatal errors, (or so it seems to me). Your best bet is probably to submit informal reps on the basis of being a regular user, (give them details), and ask for them to use their discretion in this case. Better to try to find an old tax disc holder and use this for your permit in future.
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stamfordman
post Tue, 18 Sep 2018 - 10:08
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Soem councils will cancel the first time you do this and indeed have policies that say so. Others play hardball.

I don't have time now but see if you can find council's enforcement policy - it may be baed on the county policy.

Regardless, a polite challenge as per Incand must be done and will hopefully be accepted.

We often cite gov fairness guidelines - here you have paid for your parking.

There may be technicalities on the order for the car park and the PCN wording.
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DalloIsThis
post Tue, 18 Sep 2018 - 10:54
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Cheers for the help guys. I guess I'll try to appeal and hopefully the come back and cancel it. Would Bogsy's wording for the appeal be suitable in this case?
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stamfordman
post Tue, 18 Sep 2018 - 11:06
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I would just keep it short and not go in as per Bogsy - that's more for if they reject and you want to go further.

You could just say something like, 'I understand from government fairness guidelines that this is a situation where many councils exercise discretion as parking has been paid for.'

Post a draft here first.
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DalloIsThis
post Tue, 18 Sep 2018 - 11:31
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Would this be okay:

Dear Sir or Madam,

RE: [Penalty Charge Reference]

Enclosed is a copy of the monthly parking permit (for the Amersham multi-storey car park) that I have purchased and displayed for inspection. It can clearly be seen that I paid the appropriate fee and that the ticket was valid when the officer inspected my vehicle. Unfortunately, at some point during my absence from the vehicle, the permit somehow became dislodged from where it had been clearly displayed and fell into the foot well. I accept that your officer could not have known this and acted accordingly.

I understand from government fairness guidelines that this is a situation where many councils exercise discretion as parking has been paid for, and as this was a simple and honest mistake. As I am a regular user of this car park (I use it every day for my commute to work) I was wondering whether in this specific case, the PCN could be cancelled.

Kind regards,

[My name]
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stamfordman
post Tue, 18 Sep 2018 - 11:48
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I wish to challenge the PCN owing to an honest mistake on my part.

As you can see from the enclosed copy, I have a monthly parking permit for the Amersham multi-storey car park that I am normally careful to display for inspection on the dashboard. As you can see, it was valid at the time of the PCN. Unfortunately, the permit somehow became dislodged from where it had been clearly displayed and fell into the footwell. I accept that your officer could not have known this and acted accordingly.

I understand from government fairness guidelines that this is a situation where many councils exercise discretion as parking has been paid for, and as this was a simple and honest mistake. As I am a regular user of this car park (I use it every day for my commute to work) I was wondering whether in this specific case, the PCN could be cancelled.

I promise to be more careful in future about securing the permit on the dashboard and am sure I will not be asking for such discretion again.

This post has been edited by stamfordman: Tue, 18 Sep 2018 - 11:49
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DalloIsThis
post Tue, 18 Sep 2018 - 11:59
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QUOTE (stamfordman @ Tue, 18 Sep 2018 - 12:48) *
I wish to challenge the PCN owing to an honest mistake on my part.

As you can see from the enclosed copy, I have a monthly parking permit for the Amersham multi-storey car park that I am normally careful to display for inspection on the dashboard. As you can see, it was valid at the time of the PCN. Unfortunately, the permit somehow became dislodged from where it had been clearly displayed and fell into the footwell. I accept that your officer could not have known this and acted accordingly.

I understand from government fairness guidelines that this is a situation where many councils exercise discretion as parking has been paid for, and as this was a simple and honest mistake. As I am a regular user of this car park (I use it every day for my commute to work) I was wondering whether in this specific case, the PCN could be cancelled.

I promise to be more careful in future about securing the permit on the dashboard and am sure I will not be asking for such discretion again.


Thanks for this dude! I'll update you all with what happens
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Incandescent
post Tue, 18 Sep 2018 - 14:18
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One does ask oneself why the monthly tickets can't be "virtual" and treated like PbP parking. Too logical for the muppets at the council, no doubt.
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DalloIsThis
post Tue, 18 Sep 2018 - 19:21
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QUOTE (Incandescent @ Tue, 18 Sep 2018 - 15:18) *
One does ask oneself why the monthly tickets can't be "virtual" and treated like PbP parking. Too logical for the muppets at the council, no doubt.


Because they'll miss out on that ever important £££££
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DalloIsThis
post Mon, 24 Sep 2018 - 12:21
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Good news everyone! I got a response yesterday:

Thank you for your letter in connection with the above Penalty Charge Notice (PCN).
I have taken your comments into consideration and I am pleased to inform you that
on this occasion, the Council has cancelled the Penalty Charge Notice.
Please note that cancellation of this charge does not set a precedent, and any future
PCNs issued for similar circumstances may not result in cancellation of the charge.


This post has been edited by DalloIsThis: Mon, 24 Sep 2018 - 12:22
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stamfordman
post Mon, 24 Sep 2018 - 17:59
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Good news. I would invest in a permit holder or clip of some sort.
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DalloIsThis
post Tue, 25 Sep 2018 - 12:20
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QUOTE (stamfordman @ Mon, 24 Sep 2018 - 18:59) *
Good news. I would invest in a permit holder or clip of some sort.


Oh definitely dude! I'd also like to say a massive thanks for the help everyone! Couldn't have done it without you smile.gif
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