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ECN - Parking meter was removed
TheDeadChicken
post Fri, 17 May 2019 - 10:54
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Hi,

I received a ECN in February for parking in a council car park. I was unable to pay for parking due to the parking meter being removed, I would usually pay with cash/card.

Stupidly I parked there without making payment as I didn't have the time to find another car park. The next nearest one also had it's parking meter removed.

I've attached photos of the signage available, if anyone can assist?

https://ibb.co/NtSxG81

This post has been edited by TheDeadChicken: Fri, 17 May 2019 - 11:18
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post Fri, 17 May 2019 - 10:54
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stamfordman
post Fri, 17 May 2019 - 11:32
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Another Cherwell ECN...

You say February - did you challenge? Are you the registered keeper?
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TheDeadChicken
post Fri, 17 May 2019 - 11:37
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I am not the registered keeper, although I was the perpetrator dry.gif

What's annoying is I parked in this car parks for years, the same day every week and have always paid in cash...

My employer (registered keeper) received a letter today, I thought I had somehow avoided it after three months!
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stamfordman
post Fri, 17 May 2019 - 11:41
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We have another live Cherwell case - there may be something here on liability. Post the letter in full and the PCN.

http://forums.pepipoo.com/index.php?showtopic=127899

This post has been edited by stamfordman: Fri, 17 May 2019 - 11:42
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TheDeadChicken
post Fri, 17 May 2019 - 11:47
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I'm not sure the other cherwell case is relevant as they had paid for parking and the meter was still in operation. In my situation the parking meter was removed and I subsequently made no payment.

I don't have a copy of the ECN to hand.

The letter states "The driver of the above vehicle is liable top pay an excess charge" and that there are 14 days to appeal from the date of the letter (16/05).

The contravention is 6-Payment for parking has not been made.

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stamfordman
post Fri, 17 May 2019 - 11:55
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Relevance may be the enforcement method - keeper/driver liability - not the contravention.

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Mad Mick V
post Fri, 17 May 2019 - 12:23
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OP---don't delay on this one it's an ECN. Either pay up asap or if you have missed any discount period determine if you can still appeal in the hope that they re-offer the discount.

An ECN means that if you delay you will get a summons to the local Mags Court and increased penalties.

We don't usually fight these given the threat of Mags and there being no access to an independent adjudicator.

https://www.cherwell.gov.uk/download/downlo...ment-policy.pdf

Mick

This post has been edited by Mad Mick V: Fri, 17 May 2019 - 12:58
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cp8759
post Sat, 18 May 2019 - 18:41
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I see no problem in fighting these if there are grounds for doing so, Royal Parks ECNs given to good vehicles are a good example of ENCs worth taking to court.

However in this case I can see no defence, TheDeadChicken appears to be guilty as charged so the best option is to pay.


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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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stamfordman
post Sat, 18 May 2019 - 18:50
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DeadChicken is not the keeper - does the employer have to name the driver. I was wondering about APCOA if this is they as in the other thread.

This post has been edited by stamfordman: Sat, 18 May 2019 - 18:52
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hcandersen
post Sat, 18 May 2019 - 21:23
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How about a clear photo of all the wording in the noticeboard and a photo of this 'ECN'?
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Mad Mick V
post Sun, 19 May 2019 - 07:33
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An ECN without the enforcement authority's imprimatur is a nullity but remember it was issued in February. It must be close to the summons stage now. That's why my advice was to pay up asap.
Mick
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