Help - Search - Members - Calendar
Full Version: Overstay in free carpark
FightBack Forums > Queries > Council Parking Tickets & Clamping and Decriminalised Notices
ferrit
Hi I got a ticket for overstaying in a council carpark.

I don’t know how long it was over but I don’t think the council have given me any of this info. I moved address and had to do a witness statement so it’s from 2016

I have taken a photo of the sign and a ticket today if useful. The signs just say short stay and don’t mention 2 hours

I would like to appeal this if you think there are any good grounds. Should I at least be able to get the council to send me the parking attendants notes and photos?

Thanks xxx


It won’t let me upload my images..

Sign says
Short stay car park please obtain a ticket
Park within marked bays
Penalty charges:
Unauth parking in a disabled space
Failure to park within a marked bay

All vehicles to be parked in accordance with the parking places order (as amended)


Thanks again xxx



makara
Post both sides of PCN - and any photos - Link to Google Street View.
ferrit
Hi i don’t think I have the pcn it is from 2016 and I moved address a lot, I didnt get some letters as they sent to old address

I’m not very good with tech and never been on street view so hope this is right

https://www.instantstreetview.com/@53.53271...1h,-4.12p,1.85z

Thanks xx

Yes that link is correct
StuartBu
QUOTE (ferrit @ Fri, 2 Mar 2018 - 16:29) *
It won’t let me upload my images..


Dont use the Forum upload facility ..use an external host like Flickr or TinyPic and post the links in here ...
stamfordman
What has the council sent you? you must have something.
StuartBu
QUOTE (ferrit @ Fri, 2 Mar 2018 - 16:46) *
Hi i don’t think I have the pcn it is from 2016 and I moved address a lot, I didnt get some letters as they sent to old address


So you didn't update the V5C when you moved ,Presumably it is uptodate now? It's vital that it is updated on any change of address.
ferrit
Yes address changed now.

I have the NTO?

Stuart can you use the google link to see the sign as I’ve no idea how to use an external host. Sorry I’m no good with websites etc

Thanks
StuartBu
QUOTE (ferrit @ Fri, 2 Mar 2018 - 17:16) *
Yes address changed now.

I have the NTO?

Stuart can you use the google link to see the sign as I’ve no idea how to use an external host. Sorry I’m no good with websites etc

Thanks


To Explain ...the reason that posters are asked to post scans of paperwork is that they can contain errors which can assist in disputing the demands from the Parking Company .
stamfordman
We need to see the NTO and the ticket. Take pics with your smartphone.

you can email them to me and I'll post them and disguise any personal details.

email: marcb@csi.com

ferrit
QUOTE (StuartBu @ Fri, 2 Mar 2018 - 16:54) *
QUOTE (ferrit @ Fri, 2 Mar 2018 - 16:29) *
It won’t let me upload my images..


Dont use the Forum upload facility ..use an external host like Flickr or TinyPic and post the links in here ...



Hi Stamfordman I’ve emailed you pics of the signs, the meter and the NTO as this is all I can find.

They have never sent any photos so can I appeal and ask for this and also how long over the timeframe of 2 hours it was?

Thanks for this biggrin.gif
peterguk
Related to this case you posted in November, but never came back?

http://forums.pepipoo.com/index.php?showtopic=116931&hl=
hcandersen
and had to do a witness statement so it’s from 2016

On which of the grounds? This is square one, not an aged PCN.
ferrit
Hi yes it is the same one I didn’t see any replies sorry but I’m not very good with websites etc



Hi I moved so I did an out of time witness statement as I didn’t recieve the letters. It got sent back to the start and now it’s at notice to owner stage again

Hope that’s the info you wanted I’m not sure what an aged PCN is.

Is there anything anyone can see wrong on the signs?

https://www.instantstreetview.com/@53.53271...1h,-4.12p,1.85z




Hi Stamfordman did you get my email with the NTO and signs? Thanks
ferrit
Can I appeal and ask the council for the PCN and photos and notes? Or can I just ask for it now? Do I extra time for waiting for it? I’m on day 14 tomorrow but have 28 days from NTO to appeal

Thanks again
stamfordman
Sorry that email has gone offline - try:

marcbuk [at] yahoo.com
hcandersen
OP, on which of the specified grounds did you submit the witness statement?

Not receiving the 'letters' is not one of them.

Pl be specific, it's important.
ferrit
Hi I cant get pics of signs and NTO to upload. There’s a link to the sign on street view above
The NTO does have all this info

The date of the notice, which must be the date on which the notice was posted.
– The name of the enforcement authority.
– The amount of the penalty charge.
– The date on which the Penalty Charge Notice was served.
– Why the ticket has been issued.
– That the charge must be paid within 28 days.
– If the charge is not paid in that time it can be increased.
– The amount of the increased charge.
– That an appeal can be made and how to do it.
– That if your formal appeal fails you can go to the adjudicator.

The fine is £50 and will increase to £75. Is this correct as it has been set back to the start from the court and I thought it should be back to £25.

Many thanks xx
cp8759
You should really post a copy of the NtO, although you think it's compliant, you'd be surprised by what we could find. Just to name one example, if the NtO says it must be paid within 28 days, it's invalid (hence I very much doubt it says "within 28 days").
hcandersen
And which of these grounds did you submit in your WS???

(2) The witness statement must state one and only one of the following—

(a)that the person making it did not receive the notice to owner in question;
(b)that he made representations to the enforcement authority under regulation 4 of the Representations and Appeals Regulations but did not receive from that authority a notice of rejection in accordance with regulation 6 of those Regulations;
©that he appealed to an adjudicator under regulation 7 of those Regulations against the rejection by the enforcement authority of representations made by him under regulation 4 of those Regulations but—
(i)he had no response to the appeal;
(ii)the appeal had not been determined by the time that the charge certificate had been served; or
(iii)the appeal was determined in his favour; or
(d)that he has paid the penalty charge to which the charge certificate relates.


You cannot consider issues around the NTO until we know that this was the procedure they were required to follow and we won't know this until you tell us which of the grounds you claimed!
ferrit

Hi sorry it was for I did not recieve the notice to owner as I had moved.

I have checked the NTO and it has the below.

I have sent the pics to Stamfordman who is kindly going to upload them.
There’s a link to the sign on street view above

The date of the notice, which must be the date on which the notice was posted.
– The name of the enforcement authority.
– The amount of the penalty charge.
– The date on which the Penalty Charge Notice was served.
– Why the ticket has been issued.
– That the charge must be paid within 28 days.
– If the charge is not paid in that time it can be increased.
– The amount of the increased charge.
– That an appeal can be made and how to do it.
– That if your formal appeal fails you can go to the adjudicator.

The fine is £50 and will increase to £75. Is this correct as it has been set back to the start from the court and I thought it should be back to £25.

Many thanks xx
ferrit
Hi Standfordman I have sent you my photos of sign and NTO as I still can’t upload them on here

Many thanks for offering to post them for me xx

Hi Standfordman I have sent you my photos of sign and NTO as I still can’t upload them on here

Many thanks for offering to post them for me xx

QUOTE (stamfordman @ Sun, 4 Mar 2018 - 22:03) *
Sorry that email has gone offline - try:

marcbuk [at] yahoo.com

Hi Standfordman I have sent you my photos of sign and NTO as I still can’t upload them on here

Many thanks for offering to post them for me xx
ferrit
QUOTE (hcandersen @ Sun, 4 Mar 2018 - 22:11) *
OP, on which of the specified grounds did you submit the witness statement?

Not receiving the 'letters' is not one of them.

Pl be specific, it's important.

stamfordman
I didn't get an email from you but you've managed to post things although the NTO is sideways.

There is nothing to lose by making a formal appeal as the full £50 is in play. But as you don't have the ticket all you can say is that as far as you recall you weren't over the time and see if they still have evidence you were.

However, as the sign doesn't specify a time I can't see they have a case at all. But maybe the sign was different in 2016.

have a look here and see if they have any pics:

https://onlineservices.itsvc.co.uk/BuryOCM

Or PM me with the PCN number and car reg and I'll check for you.

by the way in Bury's site:

Clifton Road parking is limited to 2 hours, with no return within an hour

ferrit
Thanks

The sign was the same at the time and didn’t mention 2 hours but it does on the ticket and machine. So does that not matter?

Thanks for the link I checked the photos and I was 16 minutes late. I read somewhere that you’re allowed 10 over?

So nothing wrong on the NTO then?

Thanks!!
ferrit
Hi so I’m not completely sure what my best appeal will be

Should I say the signs do not say 2 hours on them? They just say free short stay ...Even though the ticket does (but I didn’t notice that)

Do I also say that I didn’t think I was over as I didn’t know it was 2 hours? I had never parked here before. In any case I Anything else I can say from my NTO and signs that anybody can notice??

It has to go in today

Thanks a lot !!


This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2019 Invision Power Services, Inc.