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PCN Code 06 where pay and display machine was covered. Leicester
leicester-driver
post Tue, 10 Oct 2017 - 11:19
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Hi everyone. I think I've received an unfair PCN and wanted to get people's thoughts. This is now at the NtO stage, which I want to challenge.

I received a PCN for code 06, being "Parked without clearly displaying a valid pay and display ticket or voucher".

I hadn't purchased a ticket and the circumstances were as follows:

I could not purchase a ticket as the nearest machine was covered.
I tried to purchase a ticket from the other machine on the same street but this displayed a "NOT IN USE" message.

I challenged the initial PCN, stating the above, but parking services declined to cancel the PCN. I now have a Notice to Owner, which I want to challenge.

PCN





Leicester City Council Parking Services evidence



My evidence:





Letter from Parking Services, declining to cancel the PCN:

Dear (my name)

Rejection of Objection - Part 6 of the Traffic Management Act 2004 – Penalty Charge Notice No. (notice number)

Thank you for contacting us.

We have carefully considered what you say but we have decided not to cancel your Penalty Charge Notice (PCN). Our decision is based on our policies and on Part 6 of the Traffic Management Act 2004 and other relevant legislation.

You were issued a PCN for not having a Pay and Display ticket that was both valid and clearly displayed. Even if you have a Pay and Display ticket, you have to display it so that a Civil Enforcement Officer (CEO) can see all its details.

You are not allowed to park without a Pay and Display ticket. If a ticket machine is faulty, you must use another machine.

We have made checks but have found no faults with the ticket machines where you parked.

All the pay and display machines clearly state that in the event of a machine failure you must use another machine or report the fault to the Enforcement Team on 0116 2995063. No reports were made of machines not working on the streets you mentioned. Test tokens were printed off.

To find out more information about a Penalty Charge Notice from PATROL follow the link: https://www.patrol-uk.info/faq-parking/

The enclosed photos help to show why your PCN was issued.

You have these choices:
• You can pay the discount charge of £25.00 if your payment reaches us within 14 days of the date of this letter.
• You can pay £50.00 within 28 days of the date your PCN was issued.
• You can formally challenge your PCN by using a Notice to Owner form. The vehicle's owner will automatically receive the form if the PCN has not been paid within 28 days of being issued. The form offers you the chance to formally challenge your PCN or pay the full £50.00. If you decide to formally challenge your PCN, please do not write to us again but wait until the Notice to Owner form arrives.

How to pay
• online at www.leicester.gov.uk/payments. Follow the links from online payments. If you do not have a way to get online you can use the free computers at any city library.

• in person use the self-service payment machines (cash, debit or credit cards) at:
• Pork Pie Library and community centre, Southfields Drive LE2 6QS
• Customer Service Centre, 91 Granby Street LE1 6FB

• by telephone credit/debit card payments only. Automated payment line 0116 454 1012 (24 hours a day, 7 days a week).Have penalty charge notice number and vehicle registration number ready and state parking fine.

Please note all correspondence or enquiries with the Council must be in writing.

Yours sincerely,

Parking Services
Planning, Development and Transportation


There are other pieces of information, which may or may not be relevant, but I'll keep it to the basic facts for now as I don't want things to get convoluted.

Thanks in advance

This post has been edited by leicester-driver: Tue, 10 Oct 2017 - 11:36
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post Tue, 10 Oct 2017 - 11:19
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Mad Mick V
post Fri, 13 Oct 2017 - 06:17
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Include 8.15 of this document:-

https://www.gov.uk/government/uploads/syste...traventions.pdf

Mick
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leicester-driver
post Sat, 14 Oct 2017 - 11:49
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Thanks, that's useful
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leicester-driver
post Fri, 20 Oct 2017 - 13:20
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Thanks for everybody's help
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DancingDad
post Fri, 20 Oct 2017 - 13:32
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That was quick.
Nice one, shows the worth of persevering.
Far too many councils fob off people at informal stage when there is good reason to cancel the PCN.
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Mad Mick V
post Fri, 20 Oct 2017 - 13:49
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The cynic in me suggests that the Council have known about this situation for a long time--are prepared to issue PCNs and fob off challenges but are not prepared to argue their case at adjudication.

In the meantime income keeps rolling in from those not aware of their rights or who are not prepared to take on a Council.

OP---very well done.

Mick

This post has been edited by Mad Mick V: Fri, 20 Oct 2017 - 13:50
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