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Ealing PCN with old VRN using RingGo, PCN issued in Ealing against wrong reg in RingGo
markroworth
post Tue, 5 Dec 2017 - 22:45
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Hi all,

I parked in Ealing in October with a friend and her four year old. I paid for the parking using the RingGo app while carrying the very excited four year old (we were going to a playground). I didn't notice that the RingGo app had defaulted to my old vehicle (scrapped in April 2015), rather than showing the one I'd used more recently, and hence paid for a non-existent car. I even extended the parking from the playground using RingGo. I didn't overstay.

I got back to the car to find a ticket on it and realised my mistake. I even had a friendly chat to the CEO from Ealing Council, who was marginally sympathetic, but indicated he couldn't revoke it and I'd need to appeal. Fair enough. He's doing his job. I appealed online explaining the issue, but they rather predictably rejected my appeal. Their argument revolved around the fact that they'd followed process, not whether, in the additional knowledge that I'd paid for the space, the fine is fair.

The car I paid for no longer exists, but I no longer have any documentation for it. If you look on the DVLA website, it states that no car with that registration is licenced, but that is all.

I've subsequently waited for and received an NTO as I'd like to fight this (I paid for the space the car was parked in). I'm unsure of my next move. There are various threads quoting guidance by the secretary of state, and also indicating that I should try and get the issue adjucated by POPLA (not sure who POPLA are yet).

Document scans are attached. Any help gratefully received. Thanks,

Mark
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post Tue, 5 Dec 2017 - 22:45
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stamfordman
post Fri, 12 Jan 2018 - 14:54
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QUOTE (HYG @ Fri, 12 Jan 2018 - 14:48) *
Please correct me if I am wrong – the OP had a PCN for £30 and filed a response, the Council did not process it and sent an NTO for £60 and is now pursuing this amount.


According to the OP's original post he did not challenge but waited for the NTO and made a a formal appeal. You lose the discount if you don;'t challenge within 14 days but it is quite often reoffered after a reasonable appeal after this time.

Enforcement process:

http://www.londontribunals.gov.uk/eat/unde...rcement-process

This post has been edited by stamfordman: Fri, 12 Jan 2018 - 14:56
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Neil B
post Fri, 12 Jan 2018 - 15:25
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QUOTE (HYG @ Fri, 12 Jan 2018 - 14:48) *
Please correct me if I am wrong – the OP had a PCN for £30 and filed a response, the Council did not process it and sent an NTO


QUOTE (markroworth @ Tue, 5 Dec 2017 - 22:45) *
I appealed online explaining the issue, but they rather predictably rejected my appeal.
I've subsequently waited for and received an NTO


This is unrelated to and detracting from the OP's current, simple position,

This post has been edited by Neil B: Fri, 12 Jan 2018 - 15:27


--------------------
QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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stamfordman
post Fri, 12 Jan 2018 - 16:04
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I'm just reread post #1 - seems the OP did challenge, was rejected, chose to wait for NTO, appealed then CC came.

That's it.
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PASTMYBEST
post Fri, 12 Jan 2018 - 16:14
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Arguing that the discount should be re offered detracts. Simple facts it is only available by law for 14 days. If a PCN goes missing tough if the council do not respond to a challenge tough

Councils can re offer the discount, indeed they are encouraged too. But they do not have to. Even if they say they will. That they do not then becomes an argument re common law duty to act fairly, legitimate expectation etc

Wait for the order for recovery file the stat dec then the onus is on the council. They will do as they do The only thing is be pro active if no order for recovery in say 3 weeks phone and ask. Only this. Have you issued the order for recovery? if not when will you do so?

trying to involve the council any other way now invariable leads to problems
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disgrunt
post Fri, 12 Jan 2018 - 16:22
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Has the OP contacted the council again or is the letter on 5th Jan which says “sorry for the delay” actually in response to the formal resprsentations sent after they received the NTO?

Given the CC was only issued on 30/12 it would seem this is a reasonable interpretation and therefore isn’t the council being stupid. They can see they’ve failed to reply to the representation and never sent a rejection and now they are making the op jump through hoops because of their backlogs. Also that reply reads like a PI as they haven’t considered the representation just stated why the pcn was issued and that a cc has now been issued.

Thoughts?
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PASTMYBEST
post Fri, 12 Jan 2018 - 16:31
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QUOTE (disgrunt @ Fri, 12 Jan 2018 - 16:22) *
Has the OP contacted the council again or is the letter on 5th Jan which says “sorry for the delay” actually in response to the formal resprsentations sent after they received the NTO?

Given the CC was only issued on 30/12 it would seem this is a reasonable interpretation and therefore isn’t the council being stupid. They can see they’ve failed to reply to the representation and never sent a rejection and now they are making the op jump through hoops because of their backlogs. Also that reply reads like a PI as they haven’t considered the representation just stated why the pcn was issued and that a cc has now been issued.

Thoughts?


Council claim not to have received reps
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disgrunt
post Fri, 12 Jan 2018 - 16:39
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Yes, when issuing Cc on 30th Dec, but then in the letter 6 days later they apologise for the delay in responding. Responding to what, the representations?
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