PCN procedires incorrectly followed by CC? |
PCN procedires incorrectly followed by CC? |
Thu, 18 Oct 2018 - 11:35
Post
#1
|
|
New Member Group: Members Posts: 9 Joined: 17 Oct 2018 Member No.: 100,445 |
Hello, I received a PCN of which i vehemently refuse to accept due to lack of signage. I have followed the guidelines, but the replies, appeal times, etc from the council warden department do not seem to be follow the procedures.Allow me to be as brief as possible.
On the day of the alleged offence,14th August I logged an appeal direct through the council website and addressed the letter as an informal appeal. i did not supply any photographic or other evidence at this stage, there were no options to upload any files . I received an email reply on 17th August refusing the appeal on the grounds that although no signs or markings were in the street i parked in, I was in a permit controlled zone, and in short, there is no need for further signage, therefore the charge will not be cancelled. I wish to dispute this. The discounted charge was extended for 14 days from the date of the reply, but no forms or channels of appeal enclosed. I awaited the next step which was a NTO. issued on 20th September, but this gave only 14 days to reply ( not 28 ?) and a form giving the options of admitting driver and payment, denying ownership etc, but again, no appeal forms or options to do so. On the 13th day (3rd October) I visited the council in person explaining that I could not return the form as I would be admitting liability, and of course the only options given was to do this and pay the fine. There was nobody available at that time and I received a phone call as promised the next day. Strangely by the environmental health dept! anyways, the council member insisted that the INFORMAL appeal has been treated as a FORMAL appeal and that I could submit a 2nd and final appeal and said to this just email them and gave me the address. Having been disillusioned with all this, and preferring an official line of appeal,I pondered my options only to now receive a Notice of intended prosecution sent on 11th October, and to pay within 7 days of letter today Thursday 18th otherwise court proceedings will begin. So although my initial appeal was based on lack of signage, I think the council are not following the correct procedures either. please advise, many thanks. NTO NIP
Attached File(s)
appeal.pdf ( 917.15K )
Number of downloads: 82
kr01800315_1_.pdf ( 138.59K ) Number of downloads: 71 |
|
|
Advertisement |
Thu, 18 Oct 2018 - 11:35
Post
#
|
Advertise here! |
|
|
|
Sat, 20 Oct 2018 - 23:55
Post
#21
|
|
Member Group: Members Posts: 23,582 Joined: 12 Feb 2013 From: London Member No.: 59,924 |
NORTHAMPTONSHIRE COUNTY COUNCIL PARKING SERVICES CIVIL PARKING ENFORCEMENT GUIDELINES INTRODUCTION This document outlines the parking enforcement protocols adopted by Northamptonshire County Council. The guidance does not apply to Kettering Borough Council which falls outside the Civil Enforcement Area. Parking enforcement in Kettering is undertaken by Northamptonshire Police. https://www3.northamptonshire.gov.uk/counci...18%20(GDPR).pdf |
|
|
Sun, 21 Oct 2018 - 07:50
Post
#22
|
|
Member Group: Members Posts: 25,726 Joined: 28 Jun 2010 From: Area 51 Member No.: 38,559 |
You are continuing down a potentially very expensive route.
You refer to a PCN, then call it a Parking Charge Notice. But cannot show us the beasty cos you have lost it ! I had a Parking Charge Notice once.... from a private parking firm. And have seen thousands of Penalty Charge Notices from councils acting under decriminalised laws But what you have showed us plus simple research says you did not get one of those, no matter what you call it, it was a parking ticket issued under criminal laws. And the repercussions of those can be mind blowing. Where you are now seems to be that the next letter you get will be a summons to appear in magistrate's court charged with failing to furnish driver details. A simple appearance, binary question, did you supply or not? No, but the parking ticket was .... Thank You.... Guilty as charged...… You are fined X plus ordered to pay court costs of Y plus Victims Surcharge of Z. But what about the parking ticket?.... Nothing to do with Failing To Furnish, next case please. X+Y+Z will be hundreds. And then they can also summons you for non payment of the parking charge. Again, a simple binary questions, did you pay or not? Sweet Fanny Adams about whether the charge was correct, the charge will be failing to pay. Same repercussions. I hate telling people to pay but in this case cannot stress it enough, clear it, now! |
|
|
Sun, 21 Oct 2018 - 11:40
Post
#23
|
|
Member Group: Members Posts: 38,007 Joined: 3 Dec 2010 Member No.: 42,618 |
chaps please understand . It is confusing because although the letters from the council state an excess charge in one and a fixed penalty charge in another, these are wrong. I received a parking charge notice.This has been confirmed by the local authority on Thursday. The person representing the parking wardens could not explain the mix up, but has a copy of the original issue and it definitely confirmed is a PCN. i started from the online official .gov website here; Whatever you may say, you are about to be criminally prosecuted in the Magistrates' Court, at which point you will effectively be a convicted criminal. If I were you I'd rather pay the £75 now, at least you get to keep your good character that way. -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
|
|
|
Sun, 21 Oct 2018 - 13:01
Post
#24
|
|
New Member Group: Members Posts: 9 Joined: 17 Oct 2018 Member No.: 100,445 |
i see, the kettering council are not bound by the procedures of the enforcement laws, the basis of this argument.They are a controlled by the police. Now i understand why you all say pay it. I'd better get it done,
thanks everyone. |
|
|
Sun, 21 Oct 2018 - 13:26
Post
#25
|
|
Member Group: Members Posts: 25,726 Joined: 28 Jun 2010 From: Area 51 Member No.: 38,559 |
Both Kettering Council and Police are bound by enforcement laws.
Just not the ones you thought they were. These ones are nasty and can leave you extremely exposed via collateral criminal charges. |
|
|
Sun, 21 Oct 2018 - 20:58
Post
#26
|
|
New Member Group: Members Posts: 9 Joined: 17 Oct 2018 Member No.: 100,445 |
i have found the ticket and it is a FPN after all.section 12
|
|
|
Sun, 21 Oct 2018 - 22:10
Post
#27
|
|
Member Group: Members Posts: 33,634 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
i have found the ticket and it is a FPN after all.section 12 I’m shocked... -------------------- Moderator
Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed. |
|
|
Lo-Fi Version | Time is now: Tuesday, 16th April 2024 - 15:15 |