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Merton. One box unscratched in ½ day Parking Permit = PCN.
ZigZagZog
post Wed, 11 Jul 2018 - 20:53
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My mate John was issued PCN by Merton Council. On the Half Day Parking Permit he used he omitted scratching clear the 'month' box.

Any chance of a succesful appeal against this PCN?

TIA











This post has been edited by ZigZagZog: Thu, 12 Jul 2018 - 13:50
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post Wed, 11 Jul 2018 - 20:53
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DJ Lexy
post Sat, 22 Sep 2018 - 15:06
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Could’ve been used on Monday 9th April 2018. That’s the counter-argument.

This post has been edited by DJ Lexy: Sat, 22 Sep 2018 - 15:06
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ZigZagZog
post Sun, 23 Sep 2018 - 16:50
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I've just been informed that the car is registered to one of John's parental units, not to John himself.

Does that change anything?
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stamfordman
post Sun, 23 Sep 2018 - 17:20
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QUOTE (ZigZagZog @ Sun, 23 Sep 2018 - 17:50) *
I've just been informed that the car is registered to one of John's parental units, not to John himself.

Does that change anything?


Is a parental unit a mother or father?

The appeal must come form the keeper. But you can draft it for them. They must be aware they are liable.

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ZigZagZog
post Sun, 23 Sep 2018 - 17:53
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Mother.
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ZigZagZog
post Mon, 24 Sep 2018 - 16:32
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John's representations to Merton.

I received the PCN XXXXXXXX with the parking contravention 19s on xx/xx/18 at xx.xx. I would ask the council to please use their discretion to kindly waive this PCN for the reasons outlined below.

I used a valid parking permit but forgot to scratch off the month part, in this case for 'July'. It was a foolish, honest mistake – I was pushed for time as I was running late and in my haste simply omitted scratching off the last of the four sections, the month the permit was for. The car was otherwise parked properly and safely as you can see from your CEO's photos.

I'd like to point out that with the boxes I had scratched out on the parking permit I used it could only have been used on the xx/xx/2018 in 2018 as there is not another Monday the 9th to come in any month remaining in 2018. I do not believe any fair minded person would agree that the month section of the permit was intentionally left blank with the intention of reusing it on Monday, the 9th of September, 2019, the next time the 9th day of any month falls on a Monday, some 14 months after the permit was used.

Furthermore, I believe mistakes have been made in the rejection of my appeal and it is therefore due further consideration. Firstly, the rejection completely fails to address the key point outlined in the paragraph above - this ticket could not be re-used for any month remaining in 2018 and not again for a further 14 months. Secondly, the rejection is erroneous in stating ‘I note you have stated you work for Merton Council’ when no such assertion was made in the appeal. Similarly, the rejection speaks of a full-day permit when I used a Half Day Permit (see your own CEO's photo evidence), suggesting that Merton's PCN department has made a mistake. The kindest interpretation of this I believe is that the response Merton sent to me was a response intended for another person.

I would also like to note that the Contravention Code notes ‘Code 19 should only be issued if a permit that is or was valid for that bay is used but is invalid at time of PCN due to:

It has expired
It is in the wrong vehicle
Obscured date/VRM


This permit had not expired, was not in the wrong vehicle and the date and VRM were not obscured. This was an honest and silly mistake, arguably a de minimis mistake, with no intention on my part to game the system or parking regulations, and there was no gain to be made. I was working in Wimbledon at the Tennis Championships for a period of two weeks only, and will not be returning to Wimbledon again.

I am very sorry about the inconvenience to your department and to have wasted your time and I would be very, very grateful if you would look kindly upon this request and please let me off for this silly omission. However, be aware that if your department decides not to cancel this PCN, I intend to pursue this appeal process to the independent adjudicator as I strongly believe that this ticket should be waived.

Yours sincerely,


This post has been edited by ZigZagZog: Mon, 24 Sep 2018 - 18:42
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ZigZagZog
post Wed, 26 Sep 2018 - 09:19
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I see that perhaps I wasn't clear in my last post. That ^^^^ was John's 1st draft of his reps to Merton, it hasn't been submitted.

I'd be most grateful for the panel's guidance on fine tuning it to give him his best shot at beating this.

TIA.

This post has been edited by ZigZagZog: Wed, 26 Sep 2018 - 09:21
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ZigZagZog
post Thu, 27 Sep 2018 - 21:41
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Can I take it this (post 45) is good to go?

The registered keeper of the car, the mother, was unaware that a ticket had been issued & is now fretting to a degree inconsistent with the £60 penalty at stake here.

She's insistent that the PCN appeal be submitted immediately or the 60 quid be paid. Frankly, she'd prefer the fine was paid but we don't want to do that, we want to beat it.

This will be submitted by 3pm tomorrow so if anyone has anything to offer so as to improve it it's pretty much now or never.

This post has been edited by ZigZagZog: Thu, 27 Sep 2018 - 21:42
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stamfordman
post Thu, 27 Sep 2018 - 22:19
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Looks good to me. Go for it - must come from mother. You have nothing to lose now and if they reject you can add some case reports for adjudication stage, and with the satisfaction of making the council spend time and money on an evidence pack.
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ZigZagZog
post Fri, 28 Sep 2018 - 07:23
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Okeydoke, it'll be on it's way at 3 pm.

Once again many thanks stamfordman for your help, guidance & advice with this.
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