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FightBack Forums > Queries > Council Tickets & Clamping and Decriminalised Notices
Ashley1973
Hello, All I'm new to the forum. I've had a good search but can't find a case like this.

I parked in a council car park late at night and purchased a pay and display ticket which gave me an hour's parking the following morning from 8am expired 9am. Later that evening I decided that 9am was too early a start for me the following morning so my wife then purchased a ticket which gave us four hours parking from 8am until midday. The problem is she left the 9am ticket on the windscreen and put the midday ticket on the dash. Both were clearly visible.

Next morning we had a penalty notice for an expired ticket with the details of the 9am ticket quoted.

I sent the notice back to the council together with the ticket (after photo copying them). I then got a phone call saying they would cancel the charge on payment of a £10 admin fee. This was followed up by a letter quoting a Parking Order Regulation saying that only one ticket must be displayed at any time. There is nothing on the car park sign to suggest only one ticket must be displayed and there is no rule against 'meter feeding' here.

The letter says, that I must pay the £10 admin fee in order to have the charge cancelled because my ticket was incorrectly displayed.

Council is Suffolk Coastal.

Do I need to pay the £10. Can I appeal or was the sending back of the ticket the appeal?
whitewing
QUOTE
This was followed up by a letter quoting a Parking Order Regulation saying that only one ticket must be displayed at any time.

Unless that is also stated on signs it is irrelevant - people can't be expected to know obscure regulations that aren't displayed.
Requesting admin fee to cancel a PCN sounds highly dodgy to me - as it's an informal rep they can probably do what they want & I'm guessing it's to deter people going to formal appeal.
My response would be to tell them that that as they are offering to cancel they clearly know they are in the wrong, and you are not prepared to pay a fee to cancel an invalid ticket, so unless it's cancelled without any fee you will take it to formal reps and PATAS as necessary.
jamesabbott
delete.
jamesabbott
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DancingDad
Blackmail is one word

According to OP letter from council says pay the admin fee so we have in writing that council is adding fees they are not allowed to.
They have only two options with any form of challenge to a PCN, Accept and cancel or reject and continue enforcement.

OP before you do anything else, please post PCN, your informal challenge txt and the letter from these muppets.
jamesabbott
delete
clark_kent
QUOTE (DancingDad @ Sat, 15 Jan 2011 - 10:43) *
Blackmail is one word

According to OP letter from council says pay the admin fee so we have in writing that council is adding fees they are not allowed to.
They have only two options with any form of challenge to a PCN, Accept and cancel or reject and continue enforcement.

OP before you do anything else, please post PCN, your informal challenge txt and the letter from these muppets.



I would help if you got your facts correct before going off on one! Suffolk Coastal don't issue PCNs for a start as they are not decriminalised.
jamesabbott
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clark_kent
QUOTE (jamesabbott @ Sat, 15 Jan 2011 - 10:47) *
does your ticket say pcn, i ask because all over there Car parking penalties and appeals web page there calling an excess charge notice (sounds very made up)



Yes it was made up by the government when they drafted the Road Traffic Regulation Act 1984. laugh.gif
jamesabbott
im sorry i dont know as much as you.......
DancingDad
QUOTE (clark_kent @ Sat, 15 Jan 2011 - 10:51) *
QUOTE (DancingDad @ Sat, 15 Jan 2011 - 10:43) *
..............OP before you do anything else, please post PCN, your informal challenge txt and the letter from these muppets.



I would help if you got your facts correct before going off on one! Suffolk Coastal don't issue PCNs for a start as they are not decriminalised.


Morning Clarke. Bright and cheerful as ever I see.
I rather think that asking the OP to post information and saying do nothing else before they do is attempting to get my facts straight before, as you so delicatly put it, I go off on one.

Many thanks for the information re Suffolk Coastal.
As you point out in your normal provocative manner, it may make a difference to whether or not the £10 fee requested is acceptable or not.
However, without the information requested from the OP I do not know.

I also stand by my earlier comment though I will add the caveat that it does refer to a PCN issued under decriminalised laws.

If however you do have specific information that confirms or denies the lawfulness or otherwise of the fee, please share with us.
Ashley1973
Hi Everyone

I haven't got a scanner so I will copy the letter here:

--------------------

Dear Mr XXX

EXCESS CHARGE NOTICE XXXXXXX

Thank you for your comments on the Excess Charge Notice and tocket received 10 January 2010 concerning the above-mentioned charge which unfortunately the council is unable to cancel.

It is a breach of the Council's (Off-Street parking Places) Order 2008 & the (Variation) Order 2010 to leave your vehicle in the car park without displaying a valid ticket or blue badge, and in doing so you have incurred the Excess Charge.

I have enclosed a copy of the relevant paragraph relating to expired tickets.

As you have presented a valid ticekt to this office, I am prepared to accept payment of £10.00 which is an administration fee payable because the ticket was not displayed correctly. Once we receive this amount the Excess Charge Notice will be withdrawn and the matter closed.

Please ensure that your payment is made within seven days of your receipt of this letter. After that the full charge of £80 becomes due.

If you wish to pay by debit/credit card please telephone 0845 8801312

Yours etc.

------------------

Also enclosed was a copy (presumably) of the order mentioned above with the following section highted:

------------------

The driver of a motor vehicle or motor-cycle shall display as required by the Article only a current valid parking ticket or tickets, so that (save in those parking places where multiple tickets valid for several days in sequence may be purchased) no used or expired tickets are left displayed.

------------------

So what do I do? Any advice gratefully received.
bama
"which unfortunately the council is unable to cancel."

cobblers - they have discretion. they ARE able to cancel.


"which is an administration fee payable because the ticket was not displayed correctly."

WTF ?

I would get the full TRO ASAP.

I can't see there being any statutory basis for that tenner but the TRO is needed to check that out.
Even if in the TRO its arguable, why should you pay £10 for them to correct their mistakes

and as for
"without displaying a valid ticket"

according to the OP there was a valid ticket displayed !!

Have the budget cuts hit this council hard maybe ?


Even though its decrim I would fight this one tooth and nail.
But its the OP's choice not mine.

get the two TROs ASAP I say.
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