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couscous
post Wed, 11 Mar 2020 - 08:54
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Hi

I was issued with a PCN for parking on shared or permit road. The signage is very small and easily missed. Could i appeal on any
grounds?



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post Wed, 11 Mar 2020 - 08:54
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couscous
post Sat, 14 Mar 2020 - 13:08
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What do you think gents is it worth appealing ?
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Mad Mick V
post Sat, 14 Mar 2020 - 13:21
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Yes, it's worth appealing especially since they are pushing you for the full amount.


Really daft of the Council because they will have to deal with an appeal, and, if they reject, they will have to spend a sizeable sum on putting together an evidence pack to the Appeals Tribunal.

If they had said your challenge has been rejected then offered the discount amount the advice of this forum to you would probably have been to pay up.

Wait until you get the Notice to Owner then get back to us and someone will draft an appeal for you.

Your car and all the DVLA details correct e.g.current address etc?

Mick
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couscous
post Sat, 14 Mar 2020 - 17:53
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They’ve asked me to pay the £70 within 28 days, should I wait after that to expect an NTO? Thank you so much for your help
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cp8759
post Sat, 14 Mar 2020 - 22:07
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I've got to say I'm rather sceptical of the arguments being put forward here. The PCN says that the council will decide in each case whether to exercise discretion to re-offer the discount, so there is no expectation as to how that discretion will be exercised.

In the quoted decision the tribunal said (my emphasis):

I will therefore allow the appeal because the reduced amount was not re-offered contrary to what is said in the penalty notice.

The notice does not say the discount will be re-offered so there is no basis for the recipient to assume that it will be. However, as the discount is not on offer, there's no point in paying now so you might as well wait for the Notice to Owner.


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Mad Mick V
post Sun, 15 Mar 2020 - 09:12
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Sceptical or not the PCN states "if we receive your challenge to this PCN within 14 days and the challenge is rejected the enforcement authority will decide in each case whether or not to extend the period within which the reduced penalty charge may be paid"


Ergo the Council have discretion to reoffer the discount and the OP submitted his challenge within 14 days.


The Secretary of State's Statutory Guidance indicates:-

10.12 If a challenge is received within the discount period and subsequently rejected, the Secretary of State recommends that the enforcement authority should consider re-offering the discount for a further 14 days to incentivise payment.


The case I highlighted states "The test is whether the public body has issued a promise or adopted a practice, which represents how it proposes to act."

So what is the basis of their consideration/decision; the OP is entitled to know the process and why they are dunning him for the full amount.

He has a legitimate expectation that the Council will act fairly and that proper consideration as to a £35 penalty v a £70 penalty will be given. Otherwise the Council have fettered the discretion noted in the PCN.

Mick

This post has been edited by Mad Mick V: Sun, 15 Mar 2020 - 09:14
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couscous
post Sun, 15 Mar 2020 - 16:36
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No probs guys I’ll wait for the NTO to come through and keep everyone posted
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hcandersen
post Sun, 15 Mar 2020 - 16:49
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I say again, a council must exercise power rationally and fairly.

It is manifestly irrational and unfair to neither state the conditions which govern the re-offering of the discount in the PCN nor to state in their response why the discount was not re-offered.
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PASTMYBEST
post Sun, 15 Mar 2020 - 20:08
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QUOTE (hcandersen @ Sun, 15 Mar 2020 - 16:49) *
I say again, a council must exercise power rationally and fairly.

It is manifestly irrational and unfair to neither state the conditions which govern the re-offering of the discount in the PCN nor to state in their response why the discount was not re-offered.


Big +1


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cp8759
post Mon, 16 Mar 2020 - 13:29
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QUOTE (hcandersen @ Sun, 15 Mar 2020 - 16:49) *
It is manifestly irrational and unfair to neither state the conditions which govern the re-offering of the discount in the PCN nor to state in their response why the discount was not re-offered.

I doubt that very much but the OP seems minded to carry on, so good luck to him.


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couscous
post Fri, 3 Apr 2020 - 14:42
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Hi Guys

How is everyone, hope you and your family are well. The nto has arrived today through the post.

What should I do now please
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spaceman
post Fri, 3 Apr 2020 - 14:54
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QUOTE (cp8759 @ Mon, 16 Mar 2020 - 14:29) *
QUOTE (hcandersen @ Sun, 15 Mar 2020 - 16:49) *
It is manifestly irrational and unfair to neither state the conditions which govern the re-offering of the discount in the PCN nor to state in their response why the discount was not re-offered.

I doubt that very much but the OP seems minded to carry on, so good luck to him.

+1

This post has been edited by spaceman: Fri, 3 Apr 2020 - 14:55
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PASTMYBEST
post Fri, 3 Apr 2020 - 16:02
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QUOTE (couscous @ Fri, 3 Apr 2020 - 15:42) *
Hi Guys

How is everyone, hope you and your family are well. The nto has arrived today through the post.

What should I do now please


post the NTO


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couscous
post Fri, 3 Apr 2020 - 20:02
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couscous
post Sat, 4 Apr 2020 - 13:18
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Is the NTO accessible?

Thanks
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PASTMYBEST
post Sat, 4 Apr 2020 - 14:36
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QUOTE (couscous @ Sat, 4 Apr 2020 - 14:18) *
Is the NTO accessible?

Thanks


Yes you only have the point outlined by HCA. The council IMO need to have and to state a valid reason for not reoffering the discount. It cannot be reliant on the mood of the reviewing officer


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couscous
post Sat, 4 Apr 2020 - 16:08
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Could you kindly help me how to prepare myself for the representation against the authority please.
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PASTMYBEST
post Sat, 4 Apr 2020 - 16:16
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QUOTE (couscous @ Sat, 4 Apr 2020 - 17:08) *
Could you kindly help me how to prepare myself for the representation against the authority please.


Yes I will draft an appeal for you but I have a couple in a queue in front of you so if I have not do so in 2 weeks bump the thread to remind me


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couscous
post Sat, 4 Apr 2020 - 19:42
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Yes I will and thank you so much I appreciate your help
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couscous
post Fri, 17 Apr 2020 - 20:20
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Hi PASTMYBEST hope you are well. Just a courtesy message as per your instruction. Thank you so much appreciate your help and kindness.

Regards



Yes I will draft an appeal for you but I have a couple in a queue in front of you so if I have not do so in 2 weeks bump the thread to remind me

Hi PASTMYBEST hope you are well. Just a courtesy message as per your instruction. Thank you so much appreciate your help and kindness.

Regards
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PASTMYBEST
post Fri, 17 Apr 2020 - 21:31
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Keep an eye on the tread I should be able to do something by the end of the weekend


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