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Council parking ticket, Permit Holder
Artesia
post Fri, 18 Oct 2019 - 00:02
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Hi

My company purchased a parking permit for me for the local council carpark. However I went to my car and noticed I had a ticket on my windscreen. I looked for my parking permit everywhere and found it on the floor. I did not push it far enough and it was probably blown off my windscreen when I shut my door.

I appealed my case with the local council and the they said they sympathise with the situation. However the ticket was correctly issued and the appeal is rejected as they have already cancelled a ticket 9 months ago for the same contravention.

The same issue did happen about 9 months ago. I always leave my pass on my window and it moves around as they print it on really light paper

Is there anyway out of this
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post Fri, 18 Oct 2019 - 00:02
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stamfordman
post Fri, 18 Oct 2019 - 07:33
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Councils often say they will only consider cancellation the first time for conventions like this but each case should be dealt with on the same merits.

Which council - you may as well post the PCN and rejection.

Put pics on https://imgbb.com or such like.
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Mad Mick V
post Fri, 18 Oct 2019 - 08:15
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In a case like this we look for "fettered discretion". So if the Council's response was merely --we've cancelled once before and are not prepared to cancel again-- then that counts as fettered discretion and is a powerful ground of appeal.

Post up their response please.


Mick
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Artesia
post Fri, 18 Oct 2019 - 17:49
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QUOTE (Mad Mick V @ Fri, 18 Oct 2019 - 09:15) *
In a case like this we look for "fettered discretion". So if the Council's response was merely --we've cancelled once before and are not prepared to cancel again-- then that counts as fettered discretion and is a powerful ground of appeal.

Post up their response please.


Mick


Here is an image of the letter from the council:

http://imgur.com/a/GXuqKrF
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cp8759
post Sat, 19 Oct 2019 - 12:24
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It's a clear fettering of discretion, but for now show us both sides of the PCN in full, including all the small print 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.
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DancingDad
post Sat, 19 Oct 2019 - 12:51
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QUOTE (cp8759 @ Sat, 19 Oct 2019 - 13:24) *
It's a clear fettering of discretion, but for now show us both sides of the PCN in full, including all the small print on the back.


Plus 1, as blatant as any I've seen, especially the way they say that this was said when they cancelled the last one, ie they made the decision then and are not going to change it. Unable is always helpful as well.
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Artesia
post Sat, 19 Oct 2019 - 22:06
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QUOTE (DancingDad @ Sat, 19 Oct 2019 - 13:51) *
QUOTE (cp8759 @ Sat, 19 Oct 2019 - 13:24) *
It's a clear fettering of discretion, but for now show us both sides of the PCN in full, including all the small print on the back.


Plus 1, as blatant as any I've seen, especially the way they say that this was said when they cancelled the last one, ie they made the decision then and are not going to change it. Unable is always helpful as well.


http://imgur.com/a/hkmshrQ

Thank you this is an image of the back side
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cp8759
post Sun, 20 Oct 2019 - 12:19
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Almost all the information on the back of the letter is wrong, which is a very good start.

Show us both sides of the actual PCN, if there's a similar amount of nonsense printed on the actual penalty charge notice (what you call the "ticket"), you can't lose IMO.


--------------------
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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Artesia
post Sun, 20 Oct 2019 - 13:16
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QUOTE (cp8759 @ Sun, 20 Oct 2019 - 13:19) *
Almost all the information on the back of the letter is wrong, which is a very good start.

Show us both sides of the actual PCN, if there's a similar amount of nonsense printed on the actual penalty charge notice (what you call the "ticket"), you can't lose IMO.


Thank you, I will post it tomorrow as I have left the actual ticket at work
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Artesia
post Mon, 21 Oct 2019 - 08:17
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QUOTE (cp8759 @ Sun, 20 Oct 2019 - 13:19) *
Almost all the information on the back of the letter is wrong, which is a very good start.

Show us both sides of the actual PCN, if there's a similar amount of nonsense printed on the actual penalty charge notice (what you call the "ticket"), you can't lose IMO.


Front

http://imgur.com/a/Rvdey96

Back

http://imgur.com/a/racxVIc
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hcandersen
post Mon, 21 Oct 2019 - 10:08
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My company purchased a parking permit for me for the local council carpark. However I went to my car and noticed I had a ticket on my windscreen. I looked for my parking permit everywhere and found it on the floor.

Forget the niceties of the regs, the key issue is: who is the registered keeper of the vehicle?

I won't go into its significance at present, we can deal with this later.
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cp8759
post Mon, 21 Oct 2019 - 12:17
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PCN is by the book although there's an 0845 number. Personally I would follow the fettered discretion route, subject to you answering hcandersen's query.


--------------------
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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Artesia
post Mon, 21 Oct 2019 - 22:29
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QUOTE (hcandersen @ Mon, 21 Oct 2019 - 11:08) *
My company purchased a parking permit for me for the local council carpark. However I went to my car and noticed I had a ticket on my windscreen. I looked for my parking permit everywhere and found it on the floor.

Forget the niceties of the regs, the key issue is: who is the registered keeper of the vehicle?

I won't go into its significance at present, we can deal with this later.


I am the registered keeper
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