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shlep
Hi all,

I have a query about a PCN that was issued to me yesterday afternoon. I was parked in a car park that required a pay and display ticket, which I bought. However, the ticket fell down into the foot well when I closed my car door and when I returned to the car I had been given a PCN. I really want to appeal this, so I was wondering, do you guys recommend that I use Bogsy's letter template that I found on here?

There is something else going on in my life right now, but I'm not sure if I should include it in my appeal letter - unfortunately my husband had an accident a month ago and has since been in the hospital in a coma. I am not in the right state of mind at the moment and I do usually check the ticket is still on the dashboard when I close the door, but lately I've been so absentminded that I forgot. I have a letter from the hospital, but I really don't know if I should include this in my appeal though.

If anyone could help me I'd really appreciate it.

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Incandescent
So-called "fluttering" tickets are very hard to appeal on. The contravention should never have been created in the regulations as there is a perfectly good one of "failure to pay the parking charge", which could then easily be appealed by submitting the actual ticket purchased. It is also now obsolete as so many councils have introduced Pay-by-Phone parking where there is obviously no parking ticket. But councils everywhere, want their pound of flesh.

I suggest you appeal on mitigating circumstances as you describe them, and enclose a copy of the parking ticket. Keep the original in case matters go further. London councils are notoriously venal, so don't be too hopeful.
shlep
QUOTE (Incandescent @ Sat, 20 Feb 2016 - 18:59) *
So-called "fluttering" tickets are very hard to appeal on. The contravention should never have been created in the regulations as there is a perfectly good one of "failure to pay the parking charge", which could then easily be appealed by submitting the actual ticket purchased. It is also now obsolete as so many councils have introduced Pay-by-Phone parking where there is obviously no parking ticket. But councils everywhere, want their pound of flesh.

I suggest you appeal on mitigating circumstances as you describe them, and enclose a copy of the parking ticket. Keep the original in case matters go further. London councils are notoriously venal, so don't be too hopeful.



Thank you for your help. I wasn't sure if it would come under 'contravention did not occur' or 'mitigating circumstances', thank you for clearing that up for me.
Incandescent
If the contravention on the PCN had said "parked without paying the charge", then an appeal based on submitting the ticket purchased would be compelling. However councils just love the non-display of ticket charge because even if the appellant submits proof of payment, they can still refuse the appeal.

This is what the Statutory Guidance says on mitigation: -

QUOTE
10.3 An authority has a discretionary power to cancel a penalty charge notice at any point throughout the process. It can do this even when an undoubted contravention has occurred if the authority deems it to be appropriate in the circumstances of the case. Under general principles of public law, authorities have a duty to act fairly and proportionately and are encouraged to exercise discretion sensibly and reasonably and with due regard to the public interest


Councils are under a legal obligation to "have regard to" the guidance. The only problem is that so far, adjudicators have been pusillanimous in cases where guidance has not been followed.

Harrow council may have their own policy on discretion, so have a look on their website. The fact is you paid and really should not be penalised in a situation like this. Problem is councils only see the money.





shlep
QUOTE (Incandescent @ Sat, 20 Feb 2016 - 22:06) *
If the contravention on the PCN had said "parked without paying the charge", then an appeal based on submitting the ticket purchased would be compelling. However councils just love the non-display of ticket charge because even if the appellant submits proof of payment, they can still refuse the appeal.

This is what the Statutory Guidance says on mitigation: -

QUOTE
10.3 An authority has a discretionary power to cancel a penalty charge notice at any point throughout the process. It can do this even when an undoubted contravention has occurred if the authority deems it to be appropriate in the circumstances of the case. Under general principles of public law, authorities have a duty to act fairly and proportionately and are encouraged to exercise discretion sensibly and reasonably and with due regard to the public interest


Councils are under a legal obligation to "have regard to" the guidance. The only problem is that so far, adjudicators have been pusillanimous in cases where guidance has not been followed.

Harrow council may have their own policy on discretion, so have a look on their website. The fact is you paid and really should not be penalised in a situation like this. Problem is councils only see the money.


Thanks for the tip - I'll check what their website says. Tbh if they don't accept my informal appeal, I'll probably just end up paying the fine. Given my circumstances at the moment, I don't think I have the time or patience to fight this any further, even though I should - this must be what they hope most people will do so that they can keep raking in the money mad.gif
hcandersen
Their photos please. If any part of the ticket is clearly visible in the photos, then we must know.

Was the ticket visible from outside the vehicle?
shlep
QUOTE (hcandersen @ Sat, 20 Feb 2016 - 23:30) *
Their photos please. If any part of the ticket is clearly visible in the photos, then we must know.

Was the ticket visible from outside the vehicle?


I can't attach the photos as it's saying there isn't enough attachment space, but the ticket wasn't visible from the outside of the vehicle unfortunately sad.gif
hcandersen
Ŵhen you challenge youmust get them to state, should they refuse to cancel, whether they accept that the ticket is yours and was in the car, despite not being visible from outside.
John U.K.
QUOTE
I can't attach the photos as it's saying there isn't enough attachment space


Don't attach, use this method for phiotos and docs..

Photo or scan. see http://forums.pepipoo.com/index.php?showtopic=36858&st=0
for how to do it. I use Tinypic for stage 2 with no problems.

Redact/obscure personal details, PCN no. Reg No.
LEAVE IN all dates/times; precise location, Contravention code and description.
shlep
QUOTE (hcandersen @ Sun, 21 Feb 2016 - 12:35) *
Ŵhen you challenge youmust get them to state, should they refuse to cancel, whether they accept that the ticket is yours and was in the car, despite not being visible from outside.



Ah okay, so when I write my informal appeal letter, do I request that they state whether or not they accept it was mine?
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