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Full Version: No PCN, No NTO, threat of legal action, then rejection, what next?
FightBack Forums > Queries > Council Parking Tickets & Clamping and Decriminalised Notices
CaptainChrisos
Hello all,

Just had a fun couple of hours reading up on the wonder of parking enforcement and its universally poor implementation here, nice site!

I have a couple of tickets outstanding, but I'll post two threads to reduce the confusion, so here's the first:

A couple of weeks ago I got a letter out of the blue from Harringey Council, giving me my final opportunity to pay up £150, before the legal procedings started.

The problem is this, I never received the PCN, at the time in question (and I'm guessing here as this was weeks and weeks and weeks ago), I had a conversation with a TA, who lied to me and told me he had started issuing a ticket and that I had to wait, to whit my reply, "Nonsense" got in my car and drove away. The PCN was neither attached to the windscreen, nor was it handed to me, AFAIR the thing was never even printed out of his little battery driven PCN printer, thus it was not legally served, correct?.

The second problem is that I never recieved the NTO, it is entirely possible that they posted it, but I live at 18A, and the council's mail is forever going to the 18 despite 18A having a separate door, you'll see why in the letter below.

I got on the blower, and blow me down, if there wasn't another PCN issued the weekend before too!

As a result I immediately sent them this email (and as you'll see to their Freedom of Information Act people too):
Good morning,

I am somewhat shocked to have recently received a letter regarding PCNHY?????????A, indicating
it was my final opportunity to pay a fine of £150 before the process of enforcing the ticket continued
to court and costs were increased dramatically.

The reason I am shocked is two-fold:
  • I do not recall receiving a parking ticket attached to my car all those months ago.
  • I have received no correspondence regarding this PCN before.
I am aware that Haringey council has had great difficulty on previous occasions getting mail to my
address, insisting as it does that my address is not "18A ??????????? Road", but
"First and Second Floor Flat, 18 ??????????? Road". (For the record, 18 and 18A have different front
doors and hence different letter boxes, which I think leads to the problems.)

Since this PCN has already progressed to the point that I can no longer defend
it without defending it in court, and since I have no documentation relating to
this incident at all, I am now making a formal request under the Freedom of
Information Act 2000, for a copy of any and all information that Haringey
Council have relating to this PCN.

Further, you can imagine my surprise when I called your customer service team
to gather more information about PCN HY??????A, only to be told that my vehicle
had had another PCN (HY??????A) issued on Sat 29th March on The ???????? in
N8.

Disturbingly, I have no knowledge of this ticket, and there was certainly no
ticket attached to the car that I know of. More importantly, since I do
not have the ticket, I do not have any of the details of the alleged incident,
what parking rule had been contravened, nor of course a form with which to
dispute the issue of the ticket.

Again I am now making a formal request under the Freedom of Information Act
2000, for a copy of any and all information that Haringey Council have relating
to this PCN.

Finally, since I make a consistent effort not to break the regulations relating
to parking whenever I park my vehicle, and yet I still seem to be receiving
PCNs, my final request under the Freedom of Information Act 2000 is a copy of
all of the rules and regulations relating to parking within the borough as
applied by Haringey Council or its operatives.

As per the terms of the Freedom of Information Act 2000, I expect the requested
documentation by close of business 20 working day from now before or on
02/05/2008, or an explanation for any delays.

Should a court date for PCN HY?????A arrive before the information has arrived
and I have had time to read it, I will be making a formal request to the court
to have the case dismissed on the grounds that I have not been allowed adequate
access to materials in order to create a defence against the allegations.

All correspondence should be sent to:
CaptainChrisos,
18A, ?????????? Road,
Finsbury Park,
London.
N4 ???.
Of course should your investigation of the facts lead you to find there are no grounds for these allegations, feel
free to cancel the PCNs and advise me accordingly.

CaptainChrisos


I received a reply last week (I'll scan it in at a less ungodly hour), essentially "We have reviewed the details and are satisfied that a contravention took place, you've missed your chance to defend this so pay up (or don't pay up and incurr court costs and then pay up), oh and here's an opportunity to pony up the original £50 for two weeks since you have not received anything from us before"

As I see it, the piece implying I have missed my opportunity to defend myself is a nonsense, which is at the very least disingenuous, if not an outright lie intended to make me pay up for a non-served PCN.

Am I right in thinking that, I can demand that this go on to adjudication/ombudsman despite what they say? Especially since there is no way I could have defended myself previously (i.e. within the standard framework), never having received any of the formal notices anyway? Unless of course they can magic up some evidence I was legally served the PCN, or I signed for the recorded delivery of a NTO... Neither of which of course actually happened.

Thanks in advance.
Alexis
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