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PCN in Hounslow, But I had displayed a valid ticket and have photos!
HounslowPCN
post Wed, 16 Sep 2020 - 20:54
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I was given a PCN in Hounslow in a pay and display car park. As always, I take a photo before leaving my vehicle.
On my return, I noticed that there was a PCN in the passenger side wiper.
My pay and display ticket was on the top of the driver side.
I have photos showing this in situ when I left my vehicle.
There is one photo taken by the CEO that also shows in the ticket.
I have made two informal representations, but they have been rejected (with no real reason as to why).
I've now received a NTO.

Can someone please guide me through this?

I attach marked up photos that I sent with my informal representations. Image1.jpg was taken by the CEO and shows my pay and display ticket in situ.

I also attach both sides of the PCN.

Below is their response to my first informal representation:

Thank you for writing to us regarding the above Penalty Charge Notice
We have carefully considered what you say but we have decided not to cancel your Penalty
Charge Notice.
You were given a Penalty Charge Notice 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 Civil Enforcement Officer can see all its details.
Before giving Penalty Charge Notices, our Civil Enforcement Officers check for any parking
items displayed and record the details. The Civil Enforcement Officer 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 Civil Enforcement Officer can see
all its details.
The enclosed photos help to show why your Penalty Charge Notice was given.


And this is the response to my second informal representation:

Thank you for writing to us regarding the above Penalty Charge Notice.
As was explained in our previous letter, we have considered what you say but we have decided
not to cancel your parking ticket.
We have looked into your case and read the previous letters (yours to us and ours to you). We
can see that you are raising a point that we answered in our previous letter. Although we
understand that you feel strongly about this point, we do not have anything new to add to the
answer we gave in our previous letter.
The Traffic Management Act 2004 specifies the procedure for challenging a parking ticket. As
we have already dealt with your informal challenge we are not obliged to respond to this further
correspondence or offer the discounted amount again.


This post has been edited by HounslowPCN: Wed, 16 Sep 2020 - 20:55
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post Wed, 16 Sep 2020 - 20:54
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cp8759
post Thu, 24 Sep 2020 - 22:31
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QUOTE (hcandersen @ Thu, 24 Sep 2020 - 17:37) *
So, where does this leave any s101 Joint Committees AKA Partnerships and are these 'Enforcement Authorities' at all? Something that's always interested and sometimes vexed me.

In practice most joint committees have a lead authority that is a public authority in its own right, so this would seldom be a problem.


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HounslowPCN
post Thu, 8 Oct 2020 - 20:26
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i've received the NTO. The instructions on the NTO about How To Make Representation states "Online www.hounslow.gov.uk/parking click on the 'Manage your PCN' followed by 'Submit your PCN Challenge or representation online.
I could not follow those instructions as they are incorrect.

The current site requires:
1) Go to www.hounslow.gov.uk/parking
2) Click on "Appeal a Penalty Charge Notice (PCN)
3) Then i need to enter the PCN number and VRM
4) Click on Make a Challenge/Representation

Does this class a procedural impropriety?

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PASTMYBEST
post Thu, 8 Oct 2020 - 20:37
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QUOTE (HounslowPCN @ Thu, 8 Oct 2020 - 21:26) *
i've received the NTO. The instructions on the NTO about How To Make Representation states "Online www.hounslow.gov.uk/parking click on the 'Manage your PCN' followed by 'Submit your PCN Challenge or representation online.
I could not follow those instructions as they are incorrect.

The current site requires:
1) Go to www.hounslow.gov.uk/parking
2) Click on "Appeal a Penalty Charge Notice (PCN)
3) Then i need to enter the PCN number and VRM
4) Click on Make a Challenge/Representation

Does this class a procedural impropriety?



No

don't send anythinfg without first posting the NTO and a draft of your representation


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HounslowPCN
post Thu, 8 Oct 2020 - 20:52
Post #24


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Group: Members
Posts: 12
Joined: 16 Sep 2020
Member No.: 109,776



QUOTE (PASTMYBEST @ Thu, 8 Oct 2020 - 21:37) *
QUOTE (HounslowPCN @ Thu, 8 Oct 2020 - 21:26) *
i've received the NTO. The instructions on the NTO about How To Make Representation states "Online www.hounslow.gov.uk/parking click on the 'Manage your PCN' followed by 'Submit your PCN Challenge or representation online.
I could not follow those instructions as they are incorrect.

The current site requires:
1) Go to www.hounslow.gov.uk/parking
2) Click on "Appeal a Penalty Charge Notice (PCN)
3) Then i need to enter the PCN number and VRM
4) Click on Make a Challenge/Representation

Does this class a procedural impropriety?



No

don't send anythinfg without first posting the NTO and a draft of your representation


I was intending to make the same representations as I did previously. I'm not sure what more I can say, other than to also include a copy of the valid ticket.

Copy of NTO attached - I'm struggling to attach a higher quality image.

I think i only have 2 days left to respond, can anyone confirm this? It's 28 days today but then it mentions 2 days to deem the notice being received.

This post has been edited by HounslowPCN: Thu, 8 Oct 2020 - 21:00
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HounslowPCN
post Thu, 8 Oct 2020 - 21:42
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HounslowPCN
post Thu, 8 Oct 2020 - 21:56
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cp8759
post Sat, 10 Oct 2020 - 15:28
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You have till midnight tomorrow to make a representation, you know the gist of what you need to say but drop the "without prejudice" nonsense it doesn't help at all.


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