PCN issued in Merton while car at local garage Options

[Deficit]

I just received an NTO letter for an unpaid PCN, "contravention code 01: Parked in a restricted street during prescribed hours”. The letter is notifying me that it's gone up to the full £110. This is the first I’ve ever heard of this ticket.

I looked at the location, and the date, and I've realised what must have happened. My car was at a local garage at the time. I handed it over to them that morning to fit some new brake pads & discs; I supplied the parts, the garage was just supplying the labour. They told me I’d bought the wrong discs so I drove back to Euro Car Parts to swap them for the correct discs. I then left the car outside the garage, parked on a single yellow line at around 14:00, which I appreciate is not the right thing to do but there was nowhere else close by to leave it and it was not going to be parked there very long as the garage said they wanted the job done ASAP and the car gone. The PCN must've got slapped on the car at around 15:00 - after I left but before the garage took the car indoors; the mechanics probably took the PCN off and didn’t tell me about it.

I don’t have an invoice for the work that day so I can’t prove the car was in their care. The garage offered me a 20% discount that day if I paid cash-in-hand ‘because I was a loyal customer’. I now wonder if they were smart enough to think ahead and make sure I had no proof that the car was in their care, to save themselves any potential hassle.

I do, however, have proof that the car was in the same garage two weeks beforehand (18th October 2018) for a service, the paperwork for which clearly states that the brakes needed changing. I also have the receipts from Euro Car Parts from that day (31st October 2018, 10:27 for the original batch of parts, then 13:39 for the second visit to swap the discs). So I think I can demonstrate beyond reasonable doubt that I took the car to my usual garage for some work to be done that day, but I don’t have strict proof that the car was in their care at the time the PCN was issued. I also cannot prove that I never received the ticket, it’s almost impossible to prove that.

Probably no point me directly accusing the garage of anything because they’ll deny it plus I may need to keep them onside to be a witness if this thing goes to court.

Here’s the location on google maps, the ticket would have been issued on University road, close to the front of Dee Bee Tyres & MOT. https://bit.ly/2S8kyGB

I have looked on the Merton Borough Council website and downloaded their photo evidence. It’s good - there are loads of photos of the car, time and date stamped. They’ve got me bang to rights and I’m happy to pay the ticket, however I’m not happy to pay the inflated amount. Presumably the original value of the PCN was around £55 and if I had actually seen the ticket I would have paid it straight away!

Here’s the evidence, including the NTO letter, the receipts and Merton BC’s photos.
http://s50.photobucket.com/user/deficitlondon/library/merton

Please can I have some help regarding what to write as my ‘representation’ (i.e. statement) on page 3 of the form and also which option to tick on page 2 of the form? I would guess at ‘The penalty charge exceeded the amount applicable in the circumstances of the case’ but, even if this is right, I don’t know how to word the Representation. No doubt all Merton Borough Council will be interested in is shafting me for £110 or more likely £165! With that in mind, if the more likely method to work is trying to get the ticket cancelled and pay nothing, I’m comfortable with that too.

Thanks in advance

This post has been edited by Deficit: Tue, 18 Dec 2018 - 21:08

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[cp8759]

Virtually everything you say about the circumstances is irrelevant. You must have been in a controlled parking zone, figure out which one and then work our how you entered the zone.

[Deficit]

Virtually everything you say about the circumstances is irrelevant. You must have been in a controlled parking zone, figure out which one and then work our how you entered the zone.

I'm not following you I'm afraid, can you elaborate?

[stamfordman]

If you left the car parked on a restriction then really it's down to you.

As you saved the VAT on the work you can spend it on the PCN - appeal and ask for discount back as you did not get the PCN.

And as CP says, see if all is as it should be with CPZ signage.

[cp8759]

Liability for council PCNs rests with the owner of the vehicle, so who parked it there and why is of little to no importance. The fact that you didn't receive the PCN is also of little importance because it was correctly served.

You were almost certainly parked in a controlled parking zone, as most if not all single yellow lines in London fall within a CPZ. The restricted hours of a CPZ are signposted by gateway signs at the entrance to the zone. Information about Merton CPZs is available here: https://www2.merton.gov.uk/transport-streets/parking/cpz.htm

If you are able to work out where you entered the zone, we can then look at the signage, if the gateway signs are missing, damaged or obscured, you might have valid grounds to challenge the PCN. Failing that, if you just explain the circumstances they will almost certainly re-offer the discount.

[stamfordman]

Smack bang by a sign but wrong side of sign... looks like a loophole just before.

https://www.google.com/maps/@51.4201877,-0....6384!8i8192

This post has been edited by stamfordman: Tue, 18 Dec 2018 - 21:02

[Deficit]

Smack bang by a sign but wrong side of sign... looks like a loophole just before.

https://www.google.com/maps/@51.4201877,-0....6384!8i8192

What does that mean, why is it a loophole?

If you are able to work out where you entered the zone, we can then look at the signage, if the gateway signs are missing, damaged or obscured, you might have valid grounds to challenge the PCN. Failing that, if you just explain the circumstances they will almost certainly re-offer the discount.

I've found it, it's in zone CW - https://www2.merton.gov.uk/cw.pdf

I would have entered University road by turning into it from High Street Colliers Wood. However, I now live in Bristol so won't be able to go and take new photos of signage etc if that's what's required.

The photos from the day of the allegation are all in here though - http://s50.photobucket.com/user/deficitlondon/library/merton

This post has been edited by Deficit: Tue, 18 Dec 2018 - 21:03

[cp8759]

Smack bang by a sign but wrong side of sign... looks like a loophole just before.

https://www.google.com/maps/@51.4201877,-0....6384!8i8192

What does that mean, why is it a loophole?

If you had parked on the other side of that sign, you could legitimately say you were outside the zone so the single yellow line was not in force. As you passed the sign and parked on a double yellow, you're banged to rights I'm afraid. I suggest you write to the council explaining all the circumstances (i.e. never got the PCN so never had opportunity to pay the discounted penalty) and they will almost certainly re-offer the discount.

[stamfordman]

There is a short stretch of yellow line before the sign which arguably is untouchable by council. But you were bang to rights after the sign.

I would focus on getting discount back.

[Deficit]

OK, thanks for the advice, I'll try to get the discounted rate back. Any advice on wording? Or do I just use plain english since I'm appealing to their sense of decency (!) rather than having a legal argument with them?

This post has been edited by Deficit: Tue, 18 Dec 2018 - 21:19

[cp8759]

Plain English is better.

[stamfordman]

You can ask for discretion by saying you left the car in the care of the garage, and there was no PCN mentioned or on on the car when you picked it up.

They will almost certainly reoffer the discount when they reject and there is a small chance they will cancel. If you don't ask you don't get - but be polite.

Best post your appeal here first.

This post has been edited by stamfordman: Tue, 18 Dec 2018 - 22:03

[hcandersen]

OP, your account is vague.

It is clear that the garage has no off-street parking of its own.

You left it on the road, took the keys in to the garage and said???

And they said??? (It'll have to wait its turn, we're working on another vehicle and will bring it in when we can...don't leave it on a yellow line perhaps?)

An hour later the car was still on the road.

This post has been edited by hcandersen: Tue, 18 Dec 2018 - 23:00

[Mad Mick V]

+1

Appeal on the basis that you never received the PCN given that it was taken off the vehicle by persons unknown. Since that is a criminal act you are a victim of crime since the first you knew of the charge was when the NTO was served for a higher penalty.
This is unfair since you never had the opportunity to settle the charge at the discount amount. In the circumstances ask that the Council exercise its discretion and re-offer the discount.

Mick

[Deficit]

You left it on the road, took the keys in to the garage and said???

And they said??? (It'll have to wait its turn, we're working on another vehicle and will bring it in when we can...don't leave it on a yellow line perhaps?)

An hour later the car was still on the road.

I don't remember exactly what was said, it was best part of 2 months ago

[cp8759]

To be honest it makes little difference, you still parked on a SYL and there is no exemption for dropping the car off at a garage.

[Deficit]

Here's my proposed text for my representation, working on the assumption that they probably won't (but might) cancel the ticket and will be highly likely to at least re-offer me the discounted rate. Please does anyone have thoughts on how this wording can be improved?

"I received, on 15/12/2018, a Notice To Owner (NTO) for an alleged unpaid Penalty Charge Notice (PCN) served on 31/10/2018 at 15:01 for "contravention code 01: Parked in a restricted street during prescribed hours”. The letter notified me that the amount payable is £110.

The vehicle in question, HN05AWZ, was left in the care of the 'Dee Bee' MOT centre one hour before service of this PCN. The Dee Bee MOT centre is directly opposite the location at which the contravention is alleged to have occurred. On my return to the MOT centre circa 2 hours after the service of this PCN, there was no PCN on the vehicle and the MOT centre staff made no mention of a PCN being served on the vehicle. I was completely unaware that a PCN had been served on this vehicle until I received the NTO on 15/12/2018.

I therefore respectfully ask that Merton Council exercise discretion and cancel this PCN."

This post has been edited by Deficit: Wed, 19 Dec 2018 - 19:59

[stamfordman]

I think that is OK - see what others say. It gives them wriggle room to reject but reoffer discount and it's best to be assertive but not aggressive.

it may be a bit economical with truth but tells no porkies.

This post has been edited by stamfordman: Wed, 19 Dec 2018 - 21:15

[cp8759]

I think it'll do, post up the response when you get it.

[Deficit]

cool, i'll give it a go, thanks all