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38L Contravention: Lionel Rd, Ealing - worth contesting?, Do I have a chance as other side of the road on camera?
advicewelcome
post Tue, 15 May 2018 - 00:36
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Received the below PCN (sighhhh)...

Not the only one who has received one recently.
http://forums.pepipoo.com/lofiversion/index.php/t111803.html

Appears Council stuck a camera there to net the driver little fishies.

Seems the driver scooted around the other side of the road, as was very tight and late at night with no traffic.

Road island is here:
51.49758, -0.29847

Road island looks equal from both sides, but coming to the junction from the direction of the car, very tight:
https://www.google.co.uk/maps/@51.4972418,-...3312!8i6656

Camera location seems here:
https://www.google.co.uk/maps/@51.4974896,-...3312!8i6656


Do I have a chance?

I guess it depends on the video - but if I wait for that do I loose the lower payment amount?

Certainly welcome any guidance or strategy.

Thanks in advance.








This post has been edited by advicewelcome: Tue, 15 May 2018 - 09:30
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post Tue, 15 May 2018 - 00:36
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Drivingpains
post Wed, 22 Aug 2018 - 16:11
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QUOTE (hcandersen @ Wed, 22 Aug 2018 - 07:40) *
???
According to OP they attempted to pay what they thought was the outstanding penalty.

Council system showed outstanding balance of £0.

Notwithstanding this, OP thought this might be an error and so completed the online payment procedure just in case the sum of £65 was still owing and could be paid.

Received confirmation by way of **** that payment of £0 had been received.

As we know, councils have the power to exercise discretion at any time. Why shouldn’t the OP, as your average owner and not one steeped in the finer points of procedure and tribunal decisions, reasonably assume that they had done so on this occasion?

Why should OP try by other means, there’s nothing to try, the recognised - as I understand it- council page stated that £0 was owed. Walk into their payment shop(if they have one) and browbeat the staff into accepting £65? But they couldn’t, all they’ve got is access to the same system.

(there are £squillions held in council suspense accounts up and down the land, all there because people pay monies not owed or incorrectly referenced. But there’s no suggestion here that the OP misreferenced their details).

I’d write to the council, but not in an overtly legal manner, just plain simple facts about the error. Tell them that receiving the Charge Cert has unfairly cost you £130 because you were content to pay the penalty at the discounted rate but this has now increased to £195. The only solution which you can see is for you to submit representations late, for these (which only go to mitigation) to be considered by the authority and probably rejected, but what is life without hope, which rejection would re-offer the discount and allow the authority to put their payment system back into order so that you could pay. And include the best mitigation you can muster.

But you must get back to them quickly and make them aware.


Thanks. You kinda right...

...does the motorist really have to check that a payment has gone out of their bank account - when its up to the council (and their delegated suppliers) to delivery payments methods that work.

I have the screen shots and the email. The charge letter provides reply emails to Serco. Maybe I write to them first and they may let me off the hook if I don't complain to their Council client (obvious their technology/service mess up). And I try and contact the Council if I don't get a response within a day or so - although Councils do not provide an easy way to contact them about Parking (as they don't want to deal with the public on this matter)...

"Parking - 020 8583 2000 (This is an automated payment service, Note all appeals against tickets must be made online. We do not discuss parking tickets by telephone)"


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advicewelcome
post Fri, 9 Nov 2018 - 12:18
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Ho--hum... alleged contravention was 06/05/2018.

Got a letter some 5+ months later saying that they cannot find their payment and wanting further info.

I kept the screen shots when making the payment online.

But this is a hassle as there is no obvious way to reply to them or send message.

Not sure if I have any come back to say its been 5+ months and want this quashed as it is obvious a problem with their systems.

Also I don't have that payment card any more as the bank has sent another one through for replacement.

(Was thinking of replying with the payment evidence and indicating that I will go to MP/Houslow Councillor due to incompetence with systems and delays in corresponding unless they quash it?).

Any suggestions on how to reply and what to say to knock this on the head?

Appreciate past advise.



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cp8759
post Fri, 9 Nov 2018 - 13:50
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Contact details here: https://www.hounslow.gov.uk/info/20052/park...arge_notice_pcn


--------------------
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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hcandersen
post Fri, 9 Nov 2018 - 14:33
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Don't get distracted by this red herring.

Post #64 shows a PAYMENT SUCCESSFUL email from the council. It seemed bizarre to you, as to me, that they should ask for £0 - you say you have a screenshot of this- but this is what their specified online payment system stated.

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advicewelcome
post Sat, 10 Nov 2018 - 11:57
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QUOTE (hcandersen @ Fri, 9 Nov 2018 - 14:33) *
Don't get distracted by this red herring. Post #64 shows a PAYMENT SUCCESSFUL email from the council. It seemed bizarre to you, as to me, that they should ask for £0 - you say you have a screenshot of this- but this is what their specified online payment system stated.


Yep, so I paid what the system asked and got a payment confirmation - but the system did not indicate what the PCN stated probably because the silly technology contractor (SERCO maybe?) messed up (which is the Council issue for hiring them in the first place).

I just aint got the time for dealing with this forever or troubleshooting their systems, so want to send them a robust message saying here is the confirmation, don't have any card numbers as they have changed now, its been 5months+, I will escalate if you pursue it. Was looking for feedback on this or ideas of what to state (if people had been in this situation before)...?

This post has been edited by advicewelcome: Sat, 10 Nov 2018 - 11:58
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cp8759
post Sat, 10 Nov 2018 - 15:18
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QUOTE (advicewelcome @ Sat, 10 Nov 2018 - 11:57) *
QUOTE (hcandersen @ Fri, 9 Nov 2018 - 14:33) *
Don't get distracted by this red herring. Post #64 shows a PAYMENT SUCCESSFUL email from the council. It seemed bizarre to you, as to me, that they should ask for £0 - you say you have a screenshot of this- but this is what their specified online payment system stated.


Yep, so I paid what the system asked and got a payment confirmation - but the system did not indicate what the PCN stated probably because the silly technology contractor (SERCO maybe?) messed up (which is the Council issue for hiring them in the first place).

I just aint got the time for dealing with this forever or troubleshooting their systems, so want to send them a robust message saying here is the confirmation, don't have any card numbers as they have changed now, its been 5months+, I will escalate if you pursue it. Was looking for feedback on this or ideas of what to state (if people had been in this situation before)...?

Send them an unredacted copy of the payment confirmation screenshot you put in post 34, and tell them to find the payment from the web order reference. Nothing confrontational, just something like "The PCN was paid on such and such a date, please find attached the confirmation of payment screenshot from your website. I trust you will be able to look up the payment from the web order reference number shown".


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