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Aberdeen83
Ok, I've finally heard back from Aberdeen City Council re my appeal, which was of course rejected. They sent me the following (scanned to saved me typing)





Nice of her to highlight the very reason my argument is valid, that tickets are issued under the 'Road Traffic Act', which applies in Scotland as well as England and Wales. Silly woman

GS and Eddie, where do I go from here?

Cheers
Teufel
she is wrong from the start RTA does not require that a PCN shall be issued it says one may be issued

responsibilty for RTA is with councils not anyone else

presumably they are stillissuing hundreds of invalid tickets

stop dealing with the morons and go to appeal when you get an NtO
greatscot
Alright MM,

(Teufel: every PCN they issue is still illegal)

This is the bog standard response which Eddie, my girlfriend and me have all received in response to letters to the Parking Office from Tracey Boylan. The paragraph that starts with

QUOTE
We have recently received a number of......
is a standard response that is cut and pasted into letters who challenge on the 2 dates issue. ( Probably kicked off by me and Eddie's letters)

You won't get any further response from her if you reply to this letter. The next stage that will happen is a notice to owner will be sent out. This NTO is the point at which you will have to repeat everything you've said here. The council will
QUOTE
consider your appeal
YEAH RIGHT! They don't consider it at all. They will then send out a Notice of Rejection letter. This is the stage you have to write everything down in a letter and send it of to the adjudicator.

When you get the NTO. Keep it in a safe place as I guarantee you that they will make another mistake on it as well. (They give you 28 days to reply to the letter from the date on the letter. This is prejudicial against you as they have not allowed for posting time)

Don't worry about all the Gold zone stuff in the letter. I've encouraged a workmate to fight one issued in a "Gold Zone". He is up in December, I'm going to back him up. The area doesn't matter to you. You are challenging the PCN.

My next step would be to wait on the NTO and don't worry you will win, Aberdeen Council are useless.

We'll see what Eddie thinks,

GS
eddie1234567
QUOTE (greatscot @ Tue, 17 Oct 2006 - 19:22) *
Alright MM,

(Teufel: every PCN they issue is still illegal)

This is the bog standard response which Eddie, my girlfriend and me have all received in response to letters to the Parking Office from Tracey Boylan. The paragraph that starts with

QUOTE
We have recently received a number of......


is a standard response that is cut and pasted into letters who challenge on the 2 dates issue. ( Probably kicked off by me and Eddie's letters)

You won't get any further response from her if you reply to this letter. The next stage that will happen is a notice to owner will be sent out. This NTO is the point at which you will have to repeat everything you've said here. The council will
QUOTE
consider your appeal
YEAH RIGHT! They don't consider it at all. They will then send out a Notice of Rejection letter. This is the stage you have to write everything down in a letter and send it of to the adjudicator.

When you get the NTO. Keep it in a safe place as I guarantee you that they will make another mistake on it as well. (They give you 28 days to reply to the letter from the date on the letter. This is prejudicial against you as they have not allowed for posting time)

Don't worry about all the Gold zone stuff in the letter. I've encouraged a workmate to fight one issued in a "Gold Zone". He is up in December, I'm going to back him up. The area doesn't matter to you. You are challenging the PCN.

My next step would be to wait on the NTO and don't worry you will win, Aberdeen Council are useless.

We'll see what Eddie thinks,

GS




Yep, got to agree, wait for the NTO and then make reps from there. It will also be good to see if they have fixed the Charge Cert yet, which you will probably get 14 days from the NTO. Still waiting info back from my FOI request as to qty issued before legislative deadline. Which even at the worst must include all charge certs not just those issued after 14 days of the NTO. After all even 28 days from the date of letter is still still 5 days short of that allowed.

That means you have to keep all envelopes MM to prove when things happened, in mine the dates were

Letter dated 17th June
Letter Received 23rd
Letter Postmark 21st

So if the council sort out their dates issue around service and issued then council could claim later that the letter is dated the 17th allowing for 28 plus 5 takes you to date 20th July, but as it wasn't posted until the 21st June, the date should be the 24th July. The envelope is you only proof of when it was actually actioned.
Aberdeen83
Thanks for the replies guys. So I just sit back and wait for the next letter?

By the way, what's an NTO?
eddie1234567
QUOTE (Martin MacRae @ Thu, 19 Oct 2006 - 16:14) *
By the way, what's an NTO?



Notice to Owner
greatscot
And in the NTO there will be all sorts of threats demanding you pay up or face the wrath of the legal system.

Aberdeen Council don't even know how to structure their Penalty Charge Notices legally. This really pisses me off, we apperently have to comply with the law, and Aberdeen can issue hundreds of illegal tickets every day!
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