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PCN- Ticket fell off the windscreen
Riwongo
post Thu, 30 Mar 2017 - 21:34
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Good evening all

I wonder if you can advice me on how to proceed with my case.
On 23 March I parked at a council park at 7.47am, paid £3.50 to purchase a ticket whcich I then stuck to my windscreen before leaving the car. On arrival at around 5pm that evening, I found a PCN attached to my windscreen for not having/displaying a valid ticket. The ticket had fallen off the windscreen and clearly the officer had not looked for it as it was visible on the floor of the car. Anyway wrote to the Council by email on 26 March at 11.19pm asking them to cancel the fine as I had purchased and displayed a ticket and I attached a copy of that ticket as evidence. They wrote back very quickly the next day at 11am refusing to cancel the ticket. I am very annoyed because no reasonable person would park a vehicle for over 8hours and not buy and display a valid tickket in any car park! Especially where the rate is as low as £3.50 for the whole day. I would like to pursue this matter if possible but just not sure how to move on from here. Any help woul dbe most appreciated.
I have copied and pasted correspondence between the council and I below and have uploaded the PCN. Look forward to your help. Thanks


My email to the Council sent on 26 March at 11.19pm

“I returned to my vehicle on 23 March 2017 around 5pm and was shocked to find a penalty charge notice stuck to my windscreen.
I would like to make representations against that penalty charge served upon me.
I drove into the car park around 7.30am on 23 March 2017 and purchased a parking ticket which I displayed on my windscreen.
Enclosed is a copy of the Pay & Display ticket that I purchased and displayed for inspection. It can clearly be seen that I paid for the ticket at 7.47am; I paid the appropriate fee and displayed the ticket by sticking it on to my windscreen before I left my car. You will see that the ticket was valid until 18.00hrs and thus valid when your officer inspected my vehicle at 13.05hrs.
Unfortunately, It would appear at some point during my absence from the vehicle, the ticket somehow became dislodged from where it had been clearly displayed and fell into the foot well which caused your officer not to see it and thus issue the PCN. I don’t know how the ticket fell off and can only put it down to the damp blustery weather as I noticed on my return to the car that other old tickets left on my dashboard had been flipped over. I took reasonable steps to abide by the law by ensuring I purchased and displayed the ticket on my windscreen before leaving and the evidence is attached.
In addition I am aware that there are CCTVs in the car park one of which is directly facing over the parking meters which would substantiate my assertions.
May I therefore ask you in light of the above to please consider using your discretionary powers under paragraph 85 to cancel this PCN for the reasons already stated above.
May I also point out that the PCN I received does not tell me how to appeal or make representations just how to pay the PCN and I do not think this is correct? Should this matter go to appeal/adjudication I will be highlighting this. May I at this point request a copy of the car park CCTV on 23 March 2017 between 7am and 8am?

Response from the council via email on 27 March at 11.12am


Thank you for writing to us. We have carefully considered what you say but we have decided not to cancel your Penalty Charge Notice (PCN). You were given a PCN for not having a Pay & Display ticket that was both valid and clearly displayed. Even if you have a Pay & Display ticket, you have to display it so that a CEO can see all its details. Before giving PCNs, our Civil Enforcement Officer (CEO)s check for any parking items displayed and record the details. The CEO saw no Pay & Display ticket. This can happen, for example, when people forget to display Pay & Display tickets or when Pay & Display tickets fall off windscreens. It is unfortunate if this happened with you, but a Pay & Display ticket is only valid if it is displayed so that a CEO can see all its details. Whilst I understand your points raised, On this occasion, the CEO has recorded that no Pay & Display ticket was seen on display in the vehicle and no driver was seen at the ticket machines; therefore the vehicle was seen to be in contravention and a PCN was then issued, I have forwarded your request for Freedom of Information (FOI) with regards to the CCTV, however I am therefore satisfied there are no grounds in which to cancel the charge. You can view photographic evidence of your case online at www.merton.gov.uk/pcn You have these choices: • You can pay the discount charge of £30.00 if your payment reaches us within 14 days of the date of this letter. • If you miss the discounted period you can pay the full charge of £60.00 within 28 days of this letter. • 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 this letter. The form offers you the chance to formally challenge your PCN or pay the full £60.00. If you decide to formally challenge your PCN, please do not write to us again but wait until the Notice to Owner form arrives. Please note: Should you write back in to the council before the Notice to Owner, the discounted period will not be placed on hold or reoffered. How to pay • Online at www.merton.gov.uk/pay. • By phone 020 8545 3518 (24 hours).

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post Thu, 30 Mar 2017 - 21:34
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Incandescent
post Thu, 13 Apr 2017 - 17:29
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QUOTE (PASTMYBEST @ Thu, 13 Apr 2017 - 14:40) *
QUOTE (Riwongo @ Thu, 13 Apr 2017 - 14:34) *
And here is Merton's income form PCNs et al in 2015/16 as obtained from their website:
Income £
Penalty Charge Notices (PCNs) £4,282,095.21
Resident parking permits £1,166,673.00
Visitor parking permits £834,610.00
Business parking permits £232,596.00
Teachers parking permits £34,435.00
On-Street parking charges £2,595,675.00
Other income £324,977.00
Total income £9,471,061.21


don't get side tracked, whilst this may be interesting it has no relevance to any appeal

True, but it does show they have a nice Arthur Daley "nice little earner" going for them, and why they will walk on red-hot coals to protect it. Yes, venal and rapacious, like all London councils.
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PASTMYBEST
post Fri, 21 Apr 2017 - 11:38
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another supporting case

2170136554

The Appellant has attended her appeal with a witness Mrs P Piacun. I find them to be honest, convincing and consistent witnesses I believe what they tell me.
The Authority's case is that the Appellant's vehicle was parked in a car park without clearly displaying a valid pay & display ticket or voucher when parked in Morden car park on 2 November 2016 at 13.48.
The Appellant case is that the she purchased a valid pay & display voucher, and that she attached it correctly to the windscreen of her vehicle and that the sticky backed support was not of sufficient quality to keep it attached to the windscreen for a long period of time.
I have considered the evidence in this case and I find the Appellant's evidence to be credible, and in the rare circumstances of this case I find, on a balance of probabilities, that the sticky backed support was defective - possibly from a defective batch.
Whilst liability for correct display rests with a motorist it is beholden on an Authority to provide sufficiently secure sticky backed support for its vouchers.
Accordingly, in the circumstances of this particular case I find that this Penalty Charge Notice cannot be upheld because I find the fault is not that of the Appellant who did all that a reasonable motorist could do to comply with the regulations.
The appeal is allowed
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Riwongo
post Mon, 24 Apr 2017 - 21:05
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@ PaSTMYBest that is very positive thank you. do you know how recent the case is?
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Riwongo
post Mon, 24 Apr 2017 - 21:21
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Incidentally,my time limit for paying the discounted PCN rate ended today so I am now waiting for the NTO. However you may recall that in my original email to the council a month ago, I asked for a copy of the CCTV just to prove that I did purchase a ticket the only reason for which was to display in the vehicle. So below is the reply received today - it took 4 weeks to tell me in a most repetitive manner that I cannot have the requested evidence, what do you make of it??

......"This information is exempt from disclosure as the CCTV footage you have requested contains data relating to third party individuals, who can potentially be identified from the information. In such circumstances we cannot comply with the request without the consent of the other individuals. Therefore under section 7(4) of the Data protection Act, we cannot comply with your request for a copy of the CCTV footage as to dos o would disclose data relating to the others using the pay & display machine, and so we cannot do this without consent from the other individuals. If you have any queries or concerns nabout this please contact me.............."
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PASTMYBEST
post Mon, 24 Apr 2017 - 21:32
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the first case I posted was dated 28/06/2016 heard by Andrew Harman and the authority was Merton

second dated 20/04/2017 heard by Carl teper and once again was merton
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Riwongo
post Mon, 24 Apr 2017 - 21:37
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QUOTE (PASTMYBEST @ Mon, 24 Apr 2017 - 22:32) *
the first case I posted was dated 28/06/2016 heard by Andrew Harman and the authority was Merton

second dated 20/04/2017 heard by Carl teper and once again was merton




Fantastic thank you!
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Riwongo
post Thu, 4 May 2017 - 19:22
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Evening all,

Have I missed a step in this challenge process? In the council's letter to me dated 11 April they gave me until 24 April to pay the outstanding sum following which if I didn't pay the NTO will follow. They also advised me not to contact them again until after the NTO has been issued. Well today is 4 May and I haven't yet received the NTO, is that normal? Do I need to contact them to request the NTO?
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PASTMYBEST
post Thu, 4 May 2017 - 21:36
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QUOTE (Riwongo @ Thu, 4 May 2017 - 20:22) *
Evening all,

Have I missed a step in this challenge process? In the council's letter to me dated 11 April they gave me until 24 April to pay the outstanding sum following which if I didn't pay the NTO will follow. They also advised me not to contact them again until after the NTO has been issued. Well today is 4 May and I haven't yet received the NTO, is that normal? Do I need to contact them to request the NTO?


No they have a time limit, it's 6 months but don't remind them
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Riwongo
post Fri, 5 May 2017 - 17:42
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ok thanks
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Riwongo
post Mon, 15 May 2017 - 18:22
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Evening all
I have finally received the NTO but I am a little confused. I thought the NTO means I can appeal now to the adjudicator?
This NTO gives me a further 28 days to pay the increased fine of £60 but also make further representations to the council? This NTO gives me statutory grounds for making representations which will be considered by the Council again, within a 56 day period and then a Notice of Rejection may be sent and it is only then I can to the adjudicator. Seems very long winded, does anyone know if this is the correct procedure?
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John U.K.
post Mon, 15 May 2017 - 18:34
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QUOTE (Riwongo @ Mon, 15 May 2017 - 19:22) *
Evening all
I have finally received the NTO but I am a little confused. I thought the NTO means I can appeal now to the adjudicator?
This NTO gives me a further 28 days to pay the increased fine of £60 but also make further representations to the council? This NTO gives me statutory grounds for making representations which will be considered by the Council again, within a 56 day period and then a Notice of Rejection may be sent and it is only then I can to the adjudicator. Seems very long winded, does anyone know if this is the correct procedure?


Yes, the correct procedure. Long-winded, but it gives the motorist three bites at the cherry:
Indormal Challenge to the PCN;
Formal reps to the NtO; and
Appeal to Adjudicator.

Effect of the long-windedness is it gives you more time to prepare best case, and to save up should it be finally rejected. As long as you stick to time-scale, the penalty cannot increase beyond £60.

Post the NtO here, together with your draft formal reps.



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hcandersen
post Mon, 15 May 2017 - 18:35
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Yes,because a PCN is not a demand for payment of a penalty, it is merely advice to the recipient that if the penalty is not paid or successful reps made then the authority may demand payment of the penalty from the owner using a NTO.

When the recipient of the PCN is the owner it can resemble a scene from Groundhog Day, but the law was not written presuming this would be the case or allowing a different procedure to be followed if it was.
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Riwongo
post Mon, 15 May 2017 - 18:41
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Okay, thanks. Will post docs asap.
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Riwongo
post Mon, 29 May 2017 - 15:53
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Afternoon all, Please see my formal representations below in response to the NTO - what do you think?


Dear Sir/Madam

Further to your Notice to Owner dated 10 May 2017 I do not think I have to pay this penalty fine and accordingly hereby make representations on the basis that:

The alleged contravention did not occur.

I parked my vehicle at the Kenley road car park at 7.30 am on 23 March 2017, I purchased and displayed a ticket on my windscreen before leaving the car park. I refer you to photos of the ticket which you already hold. I also refer you to the instructions on the ticket which state “user sticker on back to affix to windscreen.”
I complied with these instructions and displayed the ticket on the driver's window. At some stage the sticker became detached from the window and this caused the ticket with sticker attached to fall into my footwell. I submit that as I had complied with the council's instructions then I am not liable for the failure of their adhesive or their choice of means of display.

On 26 March 2017 I wrote to you by email explaining the circumstances of my case and asked you to consider waiving the penalty in accordance with the discretionary powers requirements imposed on you by virtue of Paragraph 85 on the basis stated above i.e. provision of photographic evidence confirming that I had met my responsibilities and thus should not be held responsible where the adhesive on the ticket hasn’t worked effectively – you rejected my representations though it isn’t clear what level of considerations you undertook to arrive at that decision judging from the less than 24 hours within which you responded to my email.

On 9 April 2017 I asked for clarification as to whether you accept that I had purchased the ticket and displayed, but that it had fallen off the windscreen as being clear on this point would help me decide the way forward – you declined

On 26 March I requested CCTV of the specific period I purchased the ticket and displayed as I was aware of the CCTV as I purchased my ticket – This request was declined on the basis of data protection.

I would not go to all this trouble had I not purchased or displayed a ticket on my car on 23 March 2017. I feel that I reasonably complied with the all the car park requirements and should therefore not be penalized for circumstances beyond my control such as the failure of your adhesive causing the ticket to fall off the screen.

I urge you therefore in re consideration of this appeal to accept and waive the penalty fine.

I look forward to a favorable response from you.


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stamfordman
post Mon, 29 May 2017 - 16:10
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"On 9 April 2017 I asked for clarification as to whether you accept that I had purchased the ticket and displayed, but that it had fallen off the windscreen as being clear on this point would help me decide the way forward – you declined"

I would change this - they did acknowledge the ticket and dug themselves a hole by saying:

"we do not accept subsequent production of pay & display as this is not evidence of the pay & display ticket being present at time of issue of the PCN"

Now the ticket is dated but not time stamped explicitly but has an expiry of 18.00 and a value of £3.50 which is for over 2 hours on the day. What they are accusing you of is buying this after the PCN. I bet those other codes on the ticket would reveal the purchase time. In other words they couldn't be bothered to check.
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Riwongo
post Mon, 29 May 2017 - 16:17
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So @Stamfordman how about this:

On 9 April 2017 I asked for clarification as to whether you accept that I had purchased the ticket and displayed, but that it had fallen off the windscreen as being clear on this point would help me decide the way forward – you responded to say "we do not accept subsequent production of pay & display as this is not evidence of the pay & display ticket being present at time of issue of the PCN"

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stamfordman
post Mon, 29 May 2017 - 16:22
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Yes - I would add though that the ticket has codes that I would expect you to use to identify when the ticket was purchased that will confirm that a valid ticket fell owing to poor adhesive.
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Riwongo
post Mon, 29 May 2017 - 16:26
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Also although the ticket is not time stamped as you say it does show a time of purchase of 7.47 am and expiry of 18.00hrs
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stamfordman
post Mon, 29 May 2017 - 16:30
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QUOTE (Riwongo @ Mon, 29 May 2017 - 17:26) *
Also although the ticket is not time stamped as you say it does show a time of purchase of 7.47 am and expiry of 18.00hrs



I didn't see that - really they are being nasty and their insinuation can now only be* that you gave the ticket to someone else - now why would you do that with your car in the car park?

* Or that you blagged one off someone else...

This post has been edited by stamfordman: Mon, 29 May 2017 - 16:39
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Riwongo
post Mon, 29 May 2017 - 16:39
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Exactly! Or rather insinuating that someone gave me their ticket for the purposes of appealing the fine???? Their reluctance to see reason is baffling to me.
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