Contravention 12 Options

[couscous]

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?



https://ibb.co/BfNvPVR
https://ibb.co/Tv9Npwf
https://ibb.co/YfmJHTx

[Advertisement]

[PASTMYBEST]

Fill in the personal bits then send this

Representations against the imposition and continued enforcement of

PCN number xxxxxxxxx
VRM AA 23 BCD

(your Details )

I make this representation under the statutory grounds of

That the contravention did not occur

Although it is not in dispute that there are signs in the bay they are set back against the building. In the light conditions prevalent at the time, the signs were not readily visible and thus fail at s18 of LATOR 1996

The penalty exceeds the relevant amount in the circumstances of the case

As is my right I made an informal challenge against the PCN in that the signage was inadequate to inform of the restriction. I made this challenge via your website and received confirmation of such on the 11th of March, this being day 14 of the discount period.

The PCN states the that the enforcement authority will decide in each case whether or not to extend this discount period. The authority did not in this case. It is my contention that this was an abuse of process rendering continued enforcement invalid.

It is trite law that a public body invested with a punitive power must at all times act in a fair way, the reason that a decision is not one that can be made by rote or at the whim of the considering officer. Rather it must be properly considered in line with council policy, the reasons for the decision must be properly communicated to the person affected by the decision.

I would refer the authority to the House of lords ruling in

R v Secretary of State for the Home Department, ex p. Doody [1993] UKHL 8 (24 June 1993)

Although there is no compulsion on the authority to extend the discount period, when it is offered to any person then it must be offered to all unless a valid reason is in place to not do so

The continued enforcement in the manner taken by the authority render does abuse the process inherent in the councils duty to act fairly and as such enforcement must be stayed

[couscous]

Thank you so much, for your help. Is there way I can support this forum ?

Thank you so much.

[PASTMYBEST]

Thank you so much, for your help. Is there way I can support this forum ?

Thank you so much.

By reporting back to us. Do not expect the council to cancel but there is a good chance at adjudication. If you want to help by making a donation to the running of the site go to the home page there is a donate button there or any of FREDD 's post he has a link

[couscous]

Hi

I got reply back of the council and they have decided to offer the discount rate of the fine.
Thank you so much for helping me and I appreciate your kindness

https://ibb.co/7bPkb20
https://ibb.co/7NHF8Xn
https://ibb.co/PhstPxr
https://ibb.co/ssjzwVj

[Mad Mick V]

OP----well done for sticking with it. I think getting the discount is a fair result.

I must say their reason for going for the full amount is ludicrous. An email adds an extra day!!!!

Mick

[couscous]

Hi

I’ve tried paying the discount amount but it seems like it has not been adjusted. It’s still showing as £70.

I’ve also rang the Automated pay line and even there it shows as £70 fine?

What should I do now

[Steve_999]

Get screenshots of the demand for the full penalty! Keep them safe.

[couscous]

I’ve done that would like it on here

[PASTMYBEST]

I’ve done that would like it on here

Yes and make sure the date is visible on the screenshot. They are demanding a penalty in excess of that allowed and that is a statutory ground of appeal

This post has been edited by PASTMYBEST: Sat, 23 May 2020 - 20:52

[couscous]

What do you think I should do for now ? I have emailed them

[PASTMYBEST]

What do you think I should do for now ? I have emailed them

I would register an appeal but not until the date by which the offer of the discount has expired. e mailing them might change this advice we will need to see what you sent and the response

[hcandersen]

Just because the site says £70 does NOT mean that it would not accept £35.

IMO, unless you actually tried to pay, as opposed to just seeing the larger number, then you run a very large risk.

IMO, do NOT simply sit on your hands waving a screenshot - if that's not a contradiction! - actually try paying £35.

And you have less than 6 hours.

[couscous]

I did try paying but there is no way of adjusting and I know that whatever is stated on the screen that is the amount I will be debited by the bank.

Surely if the letter states the amount payable of £35 should be paid before the end of 24/05 then shouldn’t be the onus be on the council

[couscous]

What do you think I should do for now ? I have emailed them

I would register an appeal but not until the date by which the offer of the discount has expired. e mailing them might change this advice we will need to see what you sent and the response

This was my email

‘ Thank your email dated 11/05/2020 and your reference number is LPS EH.

Thank you so much for considering to reduce the payment to £35 before 24/05.

Please note today I attempted to make this payment using your online and the automated system and it would appear the discount amount has not adjusted to £35.

Please could you advise what I should do next?

I will try again later today’

Thank you so much

[PASTMYBEST]

We won a case for a very similar reason a while ago

https://1drv.ms/b/s!AtBHPhdJdppVzR7ZTRi...Mj076u?e=e6kXqs

The second point

I would carry on to appeal feeling I had a good chance of winning

[hcandersen]

I did try paying., sounds good.

Providing you have some evidence - these screen shots would really be invaluable - then you are probably on a winner.

You then posted: and I know that whatever is stated on the screen that is the amount I will be debited by the bank.

Which rather makes me think you did nothing more than look at the screen.

So, what exactly did you do when you tried to pay? Step by step pl.

[PASTMYBEST]

I did try paying., sounds good.

Providing you have some evidence - these screen shots would really be invaluable - then you are probably on a winner.

You then posted: and I know that whatever is stated on the screen that is the amount I will be debited by the bank.

Which rather makes me think you did nothing more than look at the screen.

So, what exactly did you do when you tried to pay? Step by step pl.

We are going to disagree again HCA. OP the test at tribunal is balance of probability. The council offered to accept £35 but then demanded £70 when you went to pay. Your dated screenshot will show this. The only difference between your case and the one I posted is that the offer of the discount in your case is discretionary so the council abuse the process rather than in the case I posted which was a demand before the statutory period had expired.

The principle is that once the council make an offer they cannot renege on it that would be a breech of the common law duty to act fairly at all times. A council are bound by this.

Along with the informal challenge to the effect that the discount should have been re offered You have a very good argument

[couscous]

I did try paying., sounds good.

Providing you have some evidence - these screen shots would really be invaluable - then you are probably on a winner.

You then posted: and I know that whatever is stated on the screen that is the amount I will be debited by the bank.

Which rather makes me think you did nothing more than look at the screen.

So, what exactly did you do when you tried to pay? Step by step pl.

Yes I didn’t proceed because there is 4 steps to complete the payment. Step 3 is where i enter my card details and after that it gets processed. I didn’t want to proceed just because I know for sure they will charge me £70

[hcandersen]

So you did NOT attempt to pay.

However, if you are saying that on their system all values are inserted by the system and that you could not insert an alternative amount then be clear please and tell us what evidence you have in support.

[Gert]

Most likely scenario here is that the person who sent you the letter forgot to re-apply the discount £35 rate as the system would have increased to £70 already from the original rate when the PCN was created. They rae not trying to extort an extra £35 from you.

Depending on the LA, a phone call to them (good luck there) could (all things being equal) see them instantly reset the charge back to £35. Alternatively, they may direct you to email in again to request the discount rate be reapplied, as that was not available to you when you tried to pay on 23 May 2020. Fingers crossed you get to speak to someone who understands their A from their E.