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No PCN received, NO PCN - Charge certificate sent in post
Cloud16
post Wed, 24 Oct 2018 - 19:58
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Hi,

I have received a council charge certificate in the post on sat 20th Oct from Worthing Borough Council. I work as a Specialist Liver Nurse and was attending a meeting at the drug and alcohol service across the road. Unfortunately, I had parked on a road with restricted parking between 10-11am and 2-3pm and according to the council's website they sighted my car at 10:39 and issued PCN at 10:44. This must have been just after I left the car.

See below:
[/img]



My concern is that this is the first time I have been made aware of the fine. It appears from the council's website (see below for screenshots) that they had put a PCN on my car, however, when I returned to my car it was not present and therefore I was not aware of the fine.



The penalty charge is now £105 and they have asked in the letter that I pay within 14days or they will refer to county court.

It states on the council website that I am unable to make representations as a charge certificate has been sent. However, the council might consider a representation under exceptional circumstances if I submit by post. I am hoping that the fact as this is the first time I am being informed of the PCN it would be considered an exceptional circumstance.


I would be grateful if you can advise if there is anything I can include in my letter to try and plead my case? to have the fine reduced back to the original fine.

many thanks

Sam
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post Wed, 24 Oct 2018 - 19:58
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PASTMYBEST
post Wed, 21 Nov 2018 - 18:35
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Hold fire for a bit. the adjudicator should tell you that the appeal is allowed without further input from you.


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Longtime Lurker
post Wed, 21 Nov 2018 - 23:22
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Come to think of it, it doesn't even matter if the adjudicator denies your appeal, you would only have to pay the amount the council are currently asking for, which is zero.
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hcandersen
post Thu, 22 Nov 2018 - 08:29
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What a surprise!

The adj cannot 'deny your appeal'.

To not contest means that the authority will not adduce (fancy word for provide) any evidence and therefore, as it's their burden to prove, there's no case to answer.

Remember that the wording of TPT's email is Worthing's, not theirs. It still beggars belief that in the face of such a glaring and material PI the authority still wanted to disregard their duties, in particular the overriding requirement to act fairly, and sought to bully and bluff the owner by issuing a NOR when they knew at that time that should the matter go to appeal they must lose. This in your opinion is an abuse of process and has necessitated you having to take advice and submit an appeal solely to call the authority's bluff.

You therefore ask the adjudicator to consult your appeal and make a costs order against the authority.

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Cloud16
post Thu, 22 Nov 2018 - 12:06
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It is confirmed the council has decided not to contest this appeal and I am not liable to pay the outstanding penalty charge.
Thanks, everyone for all of your advice.

Now...in terms of applying for costs. Is this a lengthy process? and what does it involve? Also, what is a reasonable amount of time to claim for in this case?

Sam
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cp8759
post Thu, 22 Nov 2018 - 14:57
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Draft costs application, send this to the tribunal as a word or PDF attachment and ask that the adjudicator make a decision. Make sure to keep all bold and italics exactly as per the below. The tribunal will give the council an opportunity to respond so it may take a couple of weeks to get a decision.


----------------------------
It is noted the council has chosen not to contest the appeal. I now seek an order for costs in the amount of £76 against the enforcement authority, which represents 4 hours I have spent searching the law and drafting my submissions.

I draw the tribunal's attention to paragraph 13 of the schedule to The Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007:

13.—(1) The adjudicator shall not normally make an order awarding costs and expenses, but may, subject to subparagraph (2) make such an order—

(a) against a party (including an appellant who has withdrawn his appeal or an enforcement authority which has consented to an appeal being allowed) if he is of the opinion that that party has acted frivolously or vexatiously or that his conduct in making, pursuing or resisting an appeal was wholly unreasonable; or
(b) against an enforcement authority where he considers that the disputed decision was wholly unreasonable.


In this instance the enforcement authority's contested decision can clearly be described as wholly unreasonable: the enforcement authority conceded that a Charge Certificate was issued prematurely, and yet continued to pursue enforcement at the NoR stage. Regulation 4(5) provides that (my emphasis):

(5) In these Regulations “procedural impropriety” means a failure by the enforcement authority to observe any requirement imposed on it by the 2004 Act, by the General Regulations or by these Regulations in relation to the imposition or recovery of a penalty charge or other sum and includes in particular—

(a) the taking of any step, whether or not involving the service of any document, otherwise than—
(i) in accordance with the conditions subject to which; or
(ii) at the time or during the period when,it is authorised or required by the General Regulations or these Regulations to be taken; and
(b) in a case where an enforcement authority is seeking to recover an unpaid charge, the purported service of a charge certificate under regulation 21 of the General Regulations before the enforcement authority is authorised to serve it by those Regulations.


Therefore although the authority has chosen not to contest this appeal, nonetheless the contested decision can properly be described as wholly unreasonable and it is therefore caught by paragraph 13(b) above. I aver that in such unusual circumstances, where the contested decision meets the high threshold of being wholly unreasonable, an order for costs is appropriate.

I draw the tribunal's attention to the fact that an enforcement authority's decision not to contest an appeal does not imply that an order for costs cannot be made, as the regulations explicitly allow for an order for costs to be made in such circumstances.

This post has been edited by cp8759: Fri, 23 Nov 2018 - 08:54


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If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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hcandersen
post Thu, 22 Nov 2018 - 15:06
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It was at least £19 p.hr. 2 years ago, can't have gone down to £18 surely!

And I like to sprinkle such submissions with 'respectfully'!
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