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Original PCN not received
Funkyg
post Mon, 1 Jan 2018 - 18:05
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Hi

I’ve just recieved an NTO for parking adjacent to a dropped footway from the council. Letter dated 29th Dec 17.
It states that a PCN was served on the 22 nov 17 however this is the first I’ve heard about the offence.

The penalty is now at £70 due to being over the time limit for reduced payment.

What can I do? Do I still have 28 days to make a representation or is the 28 day period from the 22 Nov when the NTO was suppose to be?

Thank you
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post Mon, 1 Jan 2018 - 18:05
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stamfordman
post Mon, 1 Jan 2018 - 18:07
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Post the NTO.

What council? Go to the council site and see if here are pics on the PCN appeal/pay login.

Use a pic site such as Flickr to post pics.

This post has been edited by stamfordman: Mon, 1 Jan 2018 - 18:07
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Funkyg
post Mon, 1 Jan 2018 - 18:49
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Thanks
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stamfordman
post Mon, 1 Jan 2018 - 19:11
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Council pics? They will probably show if a PCN was served and also the location and extent of the contravention.
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Incandescent
post Mon, 1 Jan 2018 - 19:58
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Although photos are not a legally-mandated requirement, the council will find it very difficult to prove their case at adjudication without them if you say there was not contravention. We see large numbers of cases where the car was not adjacent to the dropped footway, only next to the sloping kerbstone. AFAIK Adjudicators have allowed virtually all appeals where this is the case, because the statute is quite clear - "a footway lowered to meet the carriageway".
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Funkyg
post Mon, 1 Jan 2018 - 20:20
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Thank you

I do remember parking near the dropped pavement and getting out to look, but checking against a picture from the council will help determine if I blocked it. What is the best/ quickst way to try and obtain this as I don’t want the fine to go up further? My main issue is that I wasn’t aware of the initial notice, but like you say this will be proven by a picture.

I have found a link to the online form which might be worth using to explain. What do you think?
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Incandescent
post Mon, 1 Jan 2018 - 21:02
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Until you see photos, and copy and post them here, we're in the dark as to whether a contravention occurred or not. Normally you can see these on-line so try to find them. As you've got an NtO, the discount has gone, so if you know you were not adjacent to the dropped section, and they refuse an appeal, take them to adjudication, as the penalty does not increase.
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stamfordman
post Mon, 1 Jan 2018 - 21:09
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Seems Bolton does not have online pics.

Give them a call and say you had no PCN and would like to see the pics. And ask about getting the discount back (they will probably reoffer this when you appeal if you stress you had no PCN).
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hcandersen
post Mon, 1 Jan 2018 - 21:12
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OP, let's not dance around this.

You have a NTO dated 29 Dec, therefore you must make representations no later than 30 Jan (strangely the 2 Jan is day 0 of the 28-day period).

So you have plenty of time and concerns about the penalty increasing are premature, just keep your eye on the clock - or we'll keep it for you.

At present, just go online and find the photos. These will show (or not):
Service of the PCN;
The vehicle in contravention.

Provided the PCN was served, then it going walkabouts before you returned is not a defence.


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Funkyg
post Mon, 1 Jan 2018 - 22:15
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You’ve all been very helpful, thank you. I just got in to a bit of a panic when I got the letter. I’ll look in to it and keep you posted.
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Funkyg
post Thu, 11 Jan 2018 - 21:36
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I emailed Bolton Council for a picture of the offence and the notice served. Thye repied yesterday with the following image which shows both and also they revertedback to the original charge of £35. So I paid it



This post has been edited by Funkyg: Thu, 11 Jan 2018 - 21:40
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