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Looking for Advice - PCN Islington, Procedural Impropriety?
Ferret
post Tue, 23 Aug 2016 - 19:24
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On 2nd July 2016, my son (currently traveling round Europe so cannot personally post) received a PCN from Islington. On 15/7/2016, he went online to view the evidence and appeal. The website was unavailable and he screen printed the evidence attached. He sent the below email to the designate email address

From: xxx
Date: 15 Jul 2016 19:54
Subject: Appeal parking ticket xxx
To: <islingtonparking@civica-rm.co.uk>
Cc:

Dear Sir or Madam,

I wish to appeal the PCN given to me whilst loading my vehicle (xxx) from the property 36a Wray Crescent. However I am unable to review any evidence as your relevant website is unavailable (https://beta.islington.gov.uk/parking/parki...r-contravention). Please confirm that you will extend the deadline for appeals as a result of this. Please find enclosed a screen grab of the website as well as the link provided which offers no more assistance.

Kind regards,

xxx

He received the below reply.

From: <islingtonparking@civica-rm.co.uk>
Date: 15 Jul 2016 19:54
Subject: Re: Appeal parking ticket xxx
To: xxx
Cc:

Thank you for your email which has been received by Islington Parking Services. Our target deadline for a response is 10 working days. On occasions we do get more enquiries than usual and it takes longer for us to reply. In the unlikely event you have not heard from us within 15 working days, please telephone 020 7527 2000, quoting the Penalty Charge Notice (Parking Ticket) number. We will ensure you are not disadvantaged by the wait.
If you have not provided a Parking Ticket number OR a VRM (we need both of these if possible), please resend your email with this information as we will be unable to process your enquiry without this.
Thank you
Islington Parking Services
PO Box 2019
Pershore
WR10 9BN


The next correspondence to be received was the Notice to Owner attached. No response to the email except the auto response. Can he claim a procedural impropriety or are there other grounds to appeal (again). The original PCN was issued whilst he was inside the property carrying some furniture moved from the car intro a friends upstairs flat.

He has since lost the original PCN :-(

Thanks

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post Tue, 23 Aug 2016 - 19:24
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hcandersen
post Tue, 23 Aug 2016 - 21:36
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He sent his email on 15th and they replied on the same day requesting him to contact them after 30 July if he hadn't heard from them beforehand.

Did he?

The NTO was issued on 19th Aug, long after the 30 July.

Is the NTO addressed to him?

If he is out of the country, how does he intend to respond?

Why would he need the authority's photos, he was there and he knew what he was doing. He clearly believes that he could park where he did and unload. We cannot tell because we don't know what type of restriction was in effect e.g. shared use (which means a pay and display component) or just a resident's bay. As I understand it, you may not unload in a res bay.
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DancingDad
post Wed, 24 Aug 2016 - 10:26
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QUOTE (hcandersen @ Tue, 23 Aug 2016 - 22:36) *
........... We cannot tell because we don't know what type of restriction was in effect e.g. shared use (which means a pay and display component) or just a resident's bay. As I understand it, you may not unload in a res bay.


AFAIK, loading is a legitimate exemption within most types of parking bays across whole of London.
Including Resident's Bays
This based on London Council website.
http://www.londoncouncils.gov.uk/services/...g-and-unloading

This post has been edited by DancingDad: Wed, 24 Aug 2016 - 10:26
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Ferret
post Mon, 26 Sep 2016 - 09:17
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Thought I'd come back with the result, I sent in a mail claiming procedural impropriety and received the below reply........




Dear xxx



Penalty Charge Notice No. IZxxxxxxxx Date of Issue xx/xx07/2016 at 10:03

Location of Contravention Wray Crescent [Zone J]



Acceptance of Representations

Thank you for your email regarding the above Penalty Charge Notice (PCN) which was recently received at this office.

The PCN was issued because the vehicle was parked in a resident permit holders only bay without a valid permit or voucher held or displayed for that place. I have looked at the case and I am satisfied that the PCN has been issued correctly issued and that the contravention occurred. Please see attached a copy of the response sent to your son by my colleague. The information in the email remains relevant. However, upon closer examination I can see that the email was sent to an incorrect email address due to a typing error and your son will not have received this. I apologise for this mistake and on this basis I have cancelled the charge. I will therefore formally accept your representation and as the ticket has now been cancelled, there is no need for you to take any further action.

Yours sincerely

Ruth Lovett

Correspondence and Appeals Officer

Islington Council

Traffic and Parking Services

email: islingtonparking@civica-rm.co.uk

www.islington.gov.uk

Islington Parking Services

PO Box 2019

Pershore

WR10 9BN




.....so, it seems that Islington replies are sent to a typed email address rather than replying. If we get anymore, think I'll visit Hotmail and register erth5653gtntqqqqqqqqqqqqqrqqyjnyrnhmu4y54jhhn89yj"£$"£EWF5y@hotmail.com to send in the appeal :-)

I'm still of the opinion that they shouldn't have to be "chased" to undertake a statutory duty as their reply emails indicate and failure to reply is a failure on their part.




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