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Ealing Parking Ticket, Never received parking permit renewal reminder
PetaParker
post Thu, 25 Jul 2019 - 10:32
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Hi, guys.

My boss has asked me to consult with you on a matter regarding Ealing Council.
He renewed his permit last year, and it began with "EAX"

The council website says:
Will I still receive a permit renewal reminder?
[i]You will receive a courtesy permit renewal reminder for your permit beginning with “EAX” only. You will no longer receive a renewal reminder for your old permit beginning “RZ” so please ensure you remember the expiry date of your permit.
[

He did not receive the permit renewal reminder, it lapsed, and he's got a parking ticket. In his mind the council is responsible as it's electronic permitting, with no written date on it stuck in his windscreen, for example, where he would see it every day.

Is there any way he has a case to have it dismissed, or should he suck it up and pay the £55?

Thanks,

PetaParker
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post Thu, 25 Jul 2019 - 10:32
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stamfordman
post Thu, 25 Jul 2019 - 10:52
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He should challenge this.

Post the PCN and the permit terms.

Put pics on https://imgbb.com or such like.
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PetaParker
post Mon, 29 Jul 2019 - 12:01
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PCN attached and the two relevant pages (i think) on the council website below:

Renewal information on Ealing council website
https://www.ealing.gov.uk/info/201198/resid..._parking_permit

States at the bottom that a renewal reminder would be sent (we checked the number of the permit)
https://www.ealing.gov.uk/info/201178/parki...arking_system/1
Attached File(s)
Attached File  JP_PCN.pdf ( 93.78K ) Number of downloads: 38
 
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Mad Mick V
post Mon, 29 Jul 2019 - 12:58
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The inequity of the paperless system is that under the previous system if you had an expired permit on show you would get a Code 19 contravention for a smaller penalty.

Which of course brings me to the question----when did the virtual permit expire?

Mick
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PetaParker
post Mon, 29 Jul 2019 - 13:11
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A week or so before the ticket
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cp8759
post Mon, 29 Jul 2019 - 15:29
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Some of us are of the view that without the appropriate suffix wording, the contravention is duplicitous and the PCN is invalid, see for example this: http://forums.pepipoo.com/index.php?showto...p;#entry1492862

Also give us a link to the council web page you quoted from.


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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PetaParker
post Wed, 31 Jul 2019 - 08:24
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Hi, the links are above in my earlier reply.

Renewal information on Ealing council website
https://www.ealing.gov.uk/info/201198/resid..._parking_permit

States at the bottom that a renewal reminder would be sent (we checked the number of the permit)
https://www.ealing.gov.uk/info/201178/parki...arking_system/1
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PetaParker
post Wed, 31 Jul 2019 - 09:52
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Do you think we might have a case for dismissal on the grounds that he didn't receive a reminder email?
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cp8759
post Wed, 31 Jul 2019 - 11:32
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Your second link doesn't work?


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I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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PetaParker
post Wed, 31 Jul 2019 - 12:12
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https://www.ealing.gov.uk/info/201178/parki...arking_system/1
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cp8759
post Wed, 31 Jul 2019 - 12:39
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I think you could challenge the penalty on the basis of the missing reminder, I suggest you put a draft of the challenge on here in the first instance. I also think you should argue the duplicity on the contravention wording.


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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PetaParker
post Wed, 31 Jul 2019 - 13:43
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How's this?

To whom it may concern,

I have received the attached PCN shortly after my resident's permit expired.

I have checked on the website (links below)
https://www.ealing.gov.uk/info/201198/resid..._parking_permit
and
https://www.ealing.gov.uk/info/201178/parki...arking_system/1

and it is quite clear from the council website that a reminder email should have been sent out (my previous permit number was EAX.....). No such reminder was received. Since receiving the PCN I have renewed my resident's permit (new number EAX.....).

I would suggest that, in the absence of the promised reminder email, and the prompt renewal of the permit, that this PCN be waived. In the absence of a paper permit permanently displayed in the window, the reminder is a vital step in the process of ensuring that the permits are renewed in a timely manner.

Yours sincerely
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cp8759
post Wed, 31 Jul 2019 - 21:27
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I think what you suggest gets the point across. The important thing is that if they reject, you must show us the rejection letter, councils are prone to send out boilerplate rejections which can be used against them.


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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PetaParker
post Mon, 5 Aug 2019 - 09:19
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Hi, chaps, rejection letter attached.

My boss has reiterated that, despite their assertion they send out reminders, he did not get one. He has checked his various inboxes, spam, trash etc etc and no reminder was sent. He has received a reminder every other year since moving to the area in 2015.

Any thoughts?

This post has been edited by PetaParker: Mon, 5 Aug 2019 - 14:29
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PetaParker
post Mon, 5 Aug 2019 - 14:39
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Hi, chaps, rejection letter attached.

My boss has reiterated that, despite their assertion they send out reminders, he did not get one. He has checked his various inboxes, spam, trash etc etc and no reminder was sent. He has received a reminder every other year since moving to the area in 2015.

Any thoughts?
Attached File(s)
Attached File  00185905_Redacted_X.pdf ( 62.4K ) Number of downloads: 31
 
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cp8759
post Mon, 5 Aug 2019 - 16:40
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They haven't really dealt with your assertion that no reminder was issued in this instance. I would carry on but of course it's your decision.

This post has been edited by cp8759: Mon, 5 Aug 2019 - 16:40


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I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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PASTMYBEST
post Mon, 5 Aug 2019 - 16:58
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QUOTE (cp8759 @ Mon, 5 Aug 2019 - 17:40) *
They haven't really dealt with your assertion that no reminder was issued in this instance. I would carry on but of course it's your decision.



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PetaParker
post Mon, 9 Sep 2019 - 08:33
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Right. So, an NTO has been issued, so the charge has gone up to £110.

He has asked me to challenge again, based on having reminders every year previously, and always paying it promptly on receipt of the reminder.

Has anyone got any suggestions for wording this, please?

This post has been edited by PetaParker: Mon, 9 Sep 2019 - 13:41
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cp8759
post Tue, 10 Sep 2019 - 10:06
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You have as much if not more information as us, so in the first instance it's best if you draft something and put it on here for us to review. We will tidy it up for you and add in any necessary legal bits.


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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PetaParker
post Tue, 10 Sep 2019 - 12:00
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To whom it may concern,

I have received the attached PCN shortly after my resident's permit expired. I wish to continue to challenge this.

I have checked on the website (links below)
https://www.ealing.gov.uk/info/201198/resid..._parking_permit
and
https://www.ealing.gov.uk/info/201178/parki...arking_system/1

and it is quite clear from the council website that a reminder email should have been sent out (my previous permit number was EAX.....). No such reminder was received. Since receiving the PCN I have renewed my resident's permit (new number EAX.....). If you review your records, you will see that, on receipt of the reminder I have paid on time every time in the past.

I would suggest that, in the absence of the promised reminder email, and the prompt renewal of the permit on receipt of the notice, that this PCN be waived. In the absence of a paper permit permanently displayed in the window, the reminder is a vital step in the process of ensuring that the permits are renewed in a timely manner.

Yours sincerely
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