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FightBack Forums > Queries > Council Parking Tickets & Clamping and Decriminalised Notices
Vika
Hi all,

can you please chakc this before i write in my best joined up writing and send this off? i wasnt sure if i should bother with the final bit as the other stuff is probably enough for the appeal to be ok... thanks guys!

The reason for this appeal is that on the 13th of September I received a charge certificate referring to a PCN which, as far as I was aware, had never been issued to me. I had also never received an NtO (as confirmed by the copy i've attached of the letter from Swindon Borough Council). I finally received the NtO on XX/09/2007 and on examination realised that this did not conform to the RTA with regards to the timescales given to pay (this is as per the Lukha case).
I made this clear to the council in my representations and was amazed at the response to this appeal (I have included a copy of the letter I received). Once again they have failed to state the correct timelines, thus rendering the NoR also invalid. the explanation for their lack of compliance with the RTA is, frankly, laughable. [/size][size="2"]The reason I have selected that the penalty charge exceed the relevant amount is that both the NtO and NoR are invalid, therefore the charge that should be applied is £0 (Zero). Furthermore, my partner had the car on this occasion and he begins work at 8am every day, every Friday he presents in a meeting at 9am so it is highly unlikely that the car was present at the address at the alleged time of the offence (8.51am).
Vika
bump?
nimh999
QUOTE (Vika @ Thu, 18 Oct 2007 - 10:04) *
[size=2]Hi all,
Furthermore, my partner had the car on this occasion and he begins work at 8am every day, every Friday he presents in a meeting at 9am so it is highly unlikely that the car was present at the address at the alleged time of the offence (8.51am).
[/font]

I don't know if their NOR is valid or invalid but this last bit in your letter is irrelevant. If they have a picture of the PCN placed on your vehicle then it is served. Also "highly unlikely" means there is a chance it was there. Unless you can definatly say and prove that your vehicle was not there at that day and time then at least leave that bit out.

Also don't be "amazed at the response to this appeal"

Standard practise to reject your representations and re-offer you the opportunity to empty your wallet/purse of £30.
Vika
ahh good point... is this better?

The reason for this appeal is that on the 13th of September I received a charge certificate referring to a PCN which I had never seen (I believe it had been removed from my car). I had also never received an NtO (as confirmed by the copy i've attached of the letter from Swindon Borough Council). I finally received the NtO on XX/09/2007 and on examination realised that this did not conform to the RTA with regards to the timescales given to pay (this is as per the Lukha case).


I made this clear to the council in my representations and received the response to this appeal on Monday October the 15th (I have included a copy of this). They have failed to state the correct timelines for appeal, thus rendering the NoR invalid. The explanation for their lack of compliance with the RTA is nonsensical.


The reason I have selected that the penalty charge exceed the relevant amount is that both the NtO and NoR are invalid, therefore the charge that should be applied is £0 (Zero).
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