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PCN Weltje Road Hammersmith
SevenUp
post Fri, 16 Mar 2018 - 13:44
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So, I think they've got me bang to rights, but still in the discounted period so I guess I have nothing to lose by appealing it. Would appreciate any advice...


A bit of background...


I'm a pro freelance musician - and I gig regularly around the country. I also teach two days a week (one to one piano tuition) at Latymer Upper School.

Most of the time, I use public transport to get to school, but I also regularly have to drive and park on the street for the day (absolute bargain at £17.60....!) if I have an evening gig afterwards that I need to drive to.


So, I do park on Weltje Road quite regularly, I have a string of receipts to prove I always pay my dues - and I always pay by phone using the Ringgo app.

I park up about 8.10am (my teaching day starts at 8.25am) and I usually get into school, get a coffee then pay the parking on the app. The on-street restrictions don't start until 9.00am so this is fine.

For whatever reason, this time my parking didn't go through properly on the app - there was an internet outage in the school all morning yesterday which is obviously not an issue since I have stable 4G on my phone - but it can affect the operation of an app if it's connected to wi-fi that has no internet, I usually have to disconnect the wi-fi to get 3G to work properly.
I think just in my hazy morning state I just didn't clock that the parking hadn't confirmed.

I did clock about lunch time when I realised I hadn't had a confirmation email, checked the app and realised parking hadn't gone through. I immediately paid for parking for the remainder of the day (£9.90) but I knew that I would have a PCN (couldn't go out to check) as CEOs patrol there regularly.



Anyway, like I say, would be great to know if there's anything I can use to my benefit other than just asking for them to mave mercy on me!

Thanks



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post Fri, 16 Mar 2018 - 13:44
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stamfordman
post Fri, 16 Mar 2018 - 13:49
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All you can do is try and find some evidence from the app that the session was booked or attempted, and ask for discretion, and also provide evidence you have used the app many times successfully before and this seems to have been glitch. Say you did start the session as soon as you realised it hadn't started.

Some councils are forgiving for a first cock-up with pay by phone (is this the first?) and will cancel and if you don't ask you don't get. But be polite.
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Incandescent
post Fri, 16 Mar 2018 - 16:16
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QUOTE (stamfordman @ Fri, 16 Mar 2018 - 13:49) *
All you can do is try and find some evidence from the app that the session was booked or attempted, and ask for discretion, and also provide evidence you have used the app many times successfully before and this seems to have been glitch. Say you did start the session as soon as you realised it hadn't started.

Some councils are forgiving for a first cock-up with pay by phone (is this the first?) and will cancel and if you don't ask you don't get. But be polite.

+1
As Stamfordman says, emphasise regularity of parking there and payments, and hopefully they will use their discretion.
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SevenUp
post Sat, 7 Apr 2018 - 21:56
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So, unsurprisingly, I received the councils rejection letter the other day.


The CEO has ignored my points made about having regularly paid for parking here, and has made no reference to the large amout of receipts / proof that I included in my appeal.

To be honest, I feel that they haven't really considered my appeal properly at all.


Anyway, would appreciate any help with this?


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DastardlyDick
post Sun, 8 Apr 2018 - 09:15
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They appear to have considered your reps, but have decided they're not good enough. Unless someone else can see something wrong with their rejection, paying at the discount seems the best option.
Don't know if it would work for you, but when I worked in Hammersmith Grove, it was cheaper to park at Westfield (£6 all day with their smart parking scheme) and catch the bus than it was to park on street!

This post has been edited by DastardlyDick: Sun, 8 Apr 2018 - 11:04
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DancingDad
post Sun, 8 Apr 2018 - 09:58
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It's obviously a template rejection but not so bad that it would come into failing to consider.
Discount is looking attractive.
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SevenUp
post Wed, 2 May 2018 - 13:36
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Due to a bit of a crazy month and just generally not being on top of this, I missed the discounted period so now might as well fight to the death.

Presumably I'm waiting till the NTO now?
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Incandescent
post Wed, 2 May 2018 - 19:10
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You presume correct.

NtO is sent by mail to the name and address on the V5C. Is this yours, and is it up-to-date. We see so many people on here who fail to update their V% and then get the bailiffs at the door asking for 100s of ££s. There's a case on here right now where the address is 12 months out-of-date. Very hard to get situations like this reverted to the NtO.

This post has been edited by Incandescent: Wed, 2 May 2018 - 19:13
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DastardlyDick
post Thu, 3 May 2018 - 22:35
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I appreciate that this was caused by a breakdown in the technology, but since it wasn't the Council's tech that failed, I can't see a defence there.
All you have is mitigation, which Adjudicators cannot consider, however, as you said, you're in for the full £130 now, so you may as well make them go trough the process of producing and posting an NtO, an NoR and an "evidence pack" all of which cost them money and reduces the amount of your hard earned cash they actually trouser!
Just make sure you don't miss any more deadlines - personally, I'd wait until the Adjudicator makes his/her decision, and then pay up.

This post has been edited by DastardlyDick: Thu, 3 May 2018 - 22:40
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cp8759
post Fri, 4 May 2018 - 02:03
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QUOTE (DastardlyDick @ Thu, 3 May 2018 - 23:35) *
All you have is mitigation, which Adjudicators cannot consider, however, as you said, you're in for the full £130 now, so you may as well make them go trough the process of producing and posting an NtO, an NoR and an "evidence pack" all of which cost them money and reduces the amount of your hard earned cash they actually trouser!

More relevant to the OP, going through the process increases the chances the council may make a mistake along the way.


--------------------
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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DastardlyDick
post Fri, 4 May 2018 - 06:29
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QUOTE (cp8759 @ Fri, 4 May 2018 - 03:03) *
QUOTE (DastardlyDick @ Thu, 3 May 2018 - 23:35) *
All you have is mitigation, which Adjudicators cannot consider, however, as you said, you're in for the full £130 now, so you may as well make them go trough the process of producing and posting an NtO, an NoR and an "evidence pack" all of which cost them money and reduces the amount of your hard earned cash they actually trouser!

More relevant to the OP, going through the process increases the chances the council may make a mistake along the way.


A good point well made sir!
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SevenUp
post Wed, 6 Jun 2018 - 11:34
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Please see NTO below...


Anything to note?



Thanks





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DastardlyDick
post Wed, 6 Jun 2018 - 17:19
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I can't see anything wrong with it, but others may disagree.
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cp8759
post Thu, 7 Jun 2018 - 12:06
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You have nothing to lose in asking for discretion, I'm not aware of any faults in H&F NtOs.


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SevenUp
post Thu, 21 Jun 2018 - 07:26
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Hi guys

Please see council rejection to my formal reps (which are underneath).


Any thoughts?












This post has been edited by SevenUp: Thu, 21 Jun 2018 - 08:48
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DastardlyDick
post Thu, 21 Jun 2018 - 14:25
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Others may disagree, but I can't see anything wrong with the NoR, so you're left with 2 choices either pay up immediately, or drag things out a bit longer by appealing at London Tribunals and then paying.

To be honest, most of what you put in your letter is irrelevant - the Council have no choice in the level of the Penalty, so proportionality is ruled out, and since you're not claiming that your car was stolen, or being used without your consent,that's out too
Whilst I appreciate that it was a mistake etc., Adjudicators cannot consider mitigating circumstances, so I fear that your appeal would be refused.

On the other hand, the Penalty cannot increase anymore, so it may be worth giving it a punt if you can spare the time to send all your "evidence" to London Tribunals.
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cp8759
post Thu, 21 Jun 2018 - 17:12
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To be honest I would not advise taking this any further. They declined to exercise discretion in your favour (as they are entitled to) and you cannot establish any of the statutory grounds of appeal, so the adjudicator is bound to refuse your appeal. If money is an issue, the best I can do is suggest you pay the penalty on a 0% credit card and pay it off over the duration of the interest free period, even if you can only get a year interest free that's still only £10.83 a month.

This post has been edited by cp8759: Thu, 21 Jun 2018 - 17:12


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