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tango-alpha
This long saga began on 25 April 15 when I parked in a loading bay on a Saturday night at 7.44 pm. The evening was rainy and I dashed off to get a takeaway not noticing the loading bay sign. When I returned to the car I did not notice anything on the windscreen and drove off.

On 3 June I was sent a Notice to Owner and that was the first I knew of the PCN issued on 25th April. It stated that I will have to pay the full charge of £110 with no discount for early payment.I went onto the Barnet website and saw the photographic evidence of the ticket on my windscreen but not held down by the windscreen wiper. The windscreen was clearly wet in the photo and must have blown off by the time I returned to my car.

On 5 June via the same website I submitted an online appeal for common sense to prevail as I was in no way impeding traffic flow or causing an obstruction - the place I parked had a small parade of shops, all of which had shut for the day except for this one takeaway. I did receive an acknowledgement that the email had been received by the system but no specific email sent to my email address to confirm this. When I heard nothing from them I re-submitted the same appeal online again on 24 June.

Again nothing heard until 27 July when the Charge certificate was received by post, this time increasing the charge to £165. This time I wrote off to them by recorded delivery stating that I had tried to contact them twice on 5 June and 24 June and again pleading my case for common sense.

Today I received their Charge Certificate Late Rejection letter giving me 14 days to pay the £165 with no further grounds for appeal. With this letter they also sent me a copy of the Formal Notice of Rejection which is dated 26 June but which I DID NOT RECEIVE

I emailed them immediately explaining that I did not receive their Notice of 26 June so how can I be penalised for something I never received?

Sorry to be so long but I am determined to stand my ground - ok technically I contravened the loading bay sign but where is the common sense on a wet and quiet Saturday night. So at worst I am prepared to pay the £55 but no more. I responded to all their communications immediately but for the one that was never received so I wont pay their £165 demand.

What are my chances in this matter and can I take it further up the chain if they reject my latest email regarding non receipt fo the Notice of Rejection? Any help gratefully appreciated.
hcandersen
This is standard fare and happens regularly.

Mail goes astray. No problem, the legal process anticipates and deals with this.

No fuss, no bother, no drama.

Forget the CC and wait for the next notice which they'll send which is called an Order for Recovery(OfR). With this is a form called a witness statement which you complete and send as directed, not to the council.

Come back here when you get the OfR.

In the meantime, post their notice of rejection, the NTO and your reps.

Stop phoning the council other than to ask them when you can expect them to issue the OfR.



Mr Mustard
Hello Tango-Alpha

I am a Barnet resident with a long record of sorting out Barnet Council PCN. I have beaten 93 out of 95 so far in 2015.

I can help you, free of charge, except for a donation to the North London Hospice at the end if we win.

Do you want to send me copies of everything to mrmustard@zoho.com ?

Is this the stupid overnight loading bay in Totteridge Lane, which I can't for the life of me work out why it exists?

Best wishes

Mr Mustard
tango-alpha
thanks for your support, I will take up Mrmustard's offer and post the outcome
DancingDad
QUOTE (tango-alpha @ Thu, 13 Aug 2015 - 00:25) *
thanks for your support, I will take up Mrmustard's offer and post the outcome


Good decision.
Mr M will not let you down.
Just do as he asks.
Mr Mustard
The OP has been in touch. It is the Totteridge Lane, N20 loading bay. The one which I can't for the life of me work out why it isn't a loading bay in the day when the shops are open, but at night when they are closed.

Here is a streetmap link.

DancingDad
Does seem weird.
Only seems to service 5 shops, none of which would seem to need large deliveries, maybe the takeaway but that is it.
And is it a service road to the rear for those shops anyway?
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