Thanks. The original PCN is earlier in this thread.
I tried several times to view the video evidence on line after I received the PCN so that I could decide whether to appeal the PCN or not. I travel a lot for work (sometimes at short notice) so in the end I decided to make a representation without the video evidence so as not to miss any deadlines.
On 26 April 2016, I sent the following email to the Council:
“Hello, I am writing in connection with PCN XXXX. Vehicle registration XXXX.
I have requested to see the video evidence of the alleged contravention so that I can decide whether to appeal the PCN. The video evidence has not been available. I have checked several times on the
https://viewmypcn.co.uk/Default.aspx website and it states that there is a delay in processing my request.
I therefore ask that you extend the discounted period during which the payment would be £65 and the deadline by which I would need to make the appeal until the video evidence is available. Please send me an e-mail by return to confirm that the deadline will be extended until such at time that I am able to view the video evidence.
It appears to me from the photographs that the exit from the yellow box junction was clear when I entered it and therefore there was no contravention. I would, however like to view the video evidence to be sure of this before appealing.
Thank you”
I received the following automated response by e-mail
“Thank you for your communication. Please take this automated response as confirmation that we have received your email. However, if your email does not contain a valid Penalty Charge Notice (PCN) number or VRM that is on our system we will be unable to respond to you. This email address is only to be used for challenges/representations against PCNs that have been issued by Hounslow Council. Please read the response times below. Do not send an email chasing your challenge/representation until at least 21 days have passed. Response Times to Penalty Charge Notice Challenges and Representations. While the Council is only required to respond to representations within certain statutory timescales (typically 56 days), we endeavor to deal with most correspondence within 10 working days.”
I did not hear anything further and had upcoming travel for work and knew that I would not be able to access communications from the Council for some time so I made a Representation on 3rd May 2016. The representation I made was on line using the specific Representation Online form. I don't have a copy of it unfortunately but I did state the reasons why I was appealing against the PCN. The email response I received to the representation is here:
“Online representation against a Penalty Charge Notice receipt.
Please do not reply to this email. This is an automated response
Dear XXXX
Penalty Charge Notice Number (PCN): XXXX
Vehicle Registration Number: XXXX
Thank you for your communication. Please take this automated response as confirmation that we have received your representation.
Your representation will be logged on our system and the PCN will remain on hold until we reply.
Please do not ignore any letters or notices regarding this.
The Council is required to respond to representations within certain statutory timescales (typically 56 days). Further information regarding these statutory timescales, as well as other useful information regarding parking, can be found at the following link:
http://www.hounslow.gov.uk/index/transport...arking/pcns.htmIf your communication is contesting a Penalty Charge Notice please note: If the discount period is applicable at the time your communication was received and your representation is unsuccessful the discount will be re-offered at the time we respond to you.
Regards
Strategic Commissioning – Parking”
The video evidence was sent to me by post after this. I don’t have a copy of the letter that was with this. I was traveling at this time and did not respond to this because I believed that my Representation to the Council had been received as per the email I received on 3rd May and that they would respond to state whether this had been successful or otherwise.
Next I received a Recovery Order dated 12 August (I will be able to post the Recovery Order up here in a couple of days). The Council say that a Charge Certificate was sent to me prior to this but I did not receive it.
I sent an e-mail to the Council on 19 August as follows:
“Hello,
I sent an appeal in connection with PCN XXX.
Car registration XXXX.
I appealed against this PCN as I did not enter the yellow box junction before the exit was clear. This is obvious from the CCTV evidence.
I have now received an 'Order for recovery of unpaid penalty charge' without receiving an outcome of the appeal that I made.
Please review my appeal and respond accordingly.”
I received no response to this so sent a follow up mail on 25th August stating:
“I sent the below e-mail regarding PCN XXXX, car reg XXX on 19 August 2016 to which I have had no reply to date.
I expect a confirmation of this e-mail and an explanation as to why I have received an Order for Recovery of unpaid penalty charge without having been sent a response to my appeal to the council. The deadline for me to respond to that Order is 11/9/2016. I am about to go out of the country for work purposes so need a response on this matter very urgently.”
I then received this letter by post:
http://tinypic.com/r/ic38g1/9http://tinypic.com/r/iv8rit/9I also received the following e-mail on 5/9/16:
“Good morning,
As per our letter dated 25/08/2016 you need to follow the instructions on the Order for Recovery, which you have clearly received.
I have noted your comments however I would again point you to our letter dated 24/05/2016 in which you were given until 14/06/2016 to make Representations. Nothing was received between 24/05/2016 and 14/06/2016 and therefore a Representation was not made.
Your online communication dated 03/05/2016 was not classed as a Representation but was further contact from you indicating you could not view the CCTV footage. You clearly stated the following suggesting it was not actually a Representation:
“I requested to see the video evidence 2 weeks ago so that I could determine whether to appeal but this is still not available. I keep getting the following message: View CCTV Evidence. There is a delay in processing your request, the site may be delayed during periods of high demand, administrators have been notified. If you opted to be notified via email or text message then you will receive notification as soon as your still images and video footage are ready for viewing. Alternatively please try again a little later.
It is therefore impossible for me to determine whether to appeal but this now seems to be my only option”.
We then replied, sending you the footage by post, and allowing you a further extended period to either submit Representations (again demonstrating we had not yet received any) or to pay the discounted amount. No further correspondence will be entered in to outside of the Statutory process.
Kind Regards
Appeals & Monitoring Officer
Environmental Services and Contract Management
Regeneration, Economic Development and Environment”
Here is the information on the Council website about contesting parking tickets. NB none of the advice on line relates to alleged yellow box junction contraventions:
"Disputing a parking PCN served by post
A person on whom a postal PCN is served will be entitled to make a formal Representation to the council against the PCN within 28 days, beginning with the date on which the PCN was served.
If your PCN relates to a parking contravention observed via CCTV and your Representation is received within 21 days of the issue date of the PCN, we will hold the case at the discounted amount (for one occasion only) until we have considered your comments and have sent you a reply. If we accept your Representation we will cancel your PCN and inform you in writing. If we reject your Representation we will inform you in writing and re-offer a 14 day period in which a discounted payment would be accepted as full and final payment to close the case.
If your Representation is received after the expiry of the 21 day discount period, we will hold the case at the full amount until we have considered your comments and have sent you a reply. If we accept your Representation, we will cancel your PCN and inform you in writing. If your Representation is rejected, we will inform you in writing and give you a further 28 days in which to pay the full charge.
If either instance if your Representation is rejected, you will receive a rejection letter with a Notice of Appeal (NOA) form. The NOA form can be used to appeal to an independent adjudicator at the Parking and Traffic Appeals Service (see external links above). If you decide not to appeal, then you must pay the outstanding fine within 28 days starting from the date on which the rejection letter is served.
If you fail to respond to the PCN addressed to you within 28 days of the PCN being served, the next stage is the sending of a Charge Certificate, which will increase the full amount by 50%. It is therefore in your own interest not to ignore the PCN but to reply appropriately and in time."