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FightBack Forums > Queries > Council Tickets & Clamping and Decriminalised Notices
hotspur77
Hi everyone,

On the 30th Dec 2010 i got a ticket for parking in a suspended bay. I challenged the PCN on the basis that the building number specified couldn't be found. It said number 14 but i couldn't see a building with that number.

Anyway i challenged online on the 6th jan 2011 stating my case, asking for the fine to be suspended pending the appeal and asking for photographic eveidence. I received an email acknowledgement of the challenge along with a reference number and should expect a responce withing 10 days.

Now on the 3rd Feb 2011, i get a letter saying i haven't paid the discounted rate and i am overdue for the full amount. It looks to me like they've screwed up but i need some help/info on how to go about replying to them.

I notice on their website they say they "aim" to respond within 10 days for an online challenge. 30 days have passed now, it there a legal timeframe i should wait for?

Also in my response should i say thay they are likely to lose a tribunal decision because they have now followed their own rules?

basically i'm just looking for what to say in my response.

Any tips will be much appreaciated.

Thanks!
DancingDad
Post the PCN, your challenge text and the letter...which sounds like a Notice to Owner.
All pages please...see how to post pics in the FAQs

WE'll help draft a set of formal reps for you which will include none approved suspension signs, unclear location and failure to consider informal reps.
Scaramouche
As far as their "rules" are concerned, most of them are flawed in any case. However, they should have considered as they created an expectation on your part that they would do so. They have to anyway.
hotspur77
Hi all,

Sorry for the delay but my hard drive failed and i've been trying to recover it ever since. Finally gave up and got another one.

I’ve posted my ticket, the pictures that I took and the reminder letter they sent me.

Unfortunately I haven’t posted my challenge as I’ve lost the file due to my PC crashing but I still have the reference number they sent me as confirmation that they received it.

The notice said parking bay suspended outside entrance to no.15. In summary though these are the points I made:

· I parked outside an unmarked door. There was no door/building number saying that represented the entrance to no.15
· Notice said ‘reserved for skip’, so I didn’t park in the bay outside the building that had construction boarding; the construction board prevented you being able to see the door number so I assumed that was no.15
· I also made the point that there were two of us that came to the same conclusion
· I asked for the PCN to be put on hold pending the resolution of this matter
· I asked for evidence of my contravention

I submitted the challenge online, got my confirmation and it said I would receive a response in 10 days. I didn’t get the response, instead I got a chaser for the full fine.

In hindsight i should have taken more pics but i was with someone and in a bit of a rush! Below are the scanned images. Let me know what else you might need. Thanks!

Suspension Notice



PCN - Front



PCN - Front including more of the bottom



PCN - Back



Door - Taken from drivers seat



Door - Taken from head on



Notice to Owner 1



Notice to Owner 2



Notice to Owner 3



Notice to Owner 4






Scaramouche
If you had the ticket affixed to your vehicle, tick the last but one ground that a CEO was not prevented. Also, procedural impropriety as they have not responded to your challenge. Would not be patronising and make comments about what you think is likely to happen. Just stick to the facts and be dispassionate about it. Received PCN.. challenged...no response save for an acknowledgement....NtO issued etc.
hotspur77
That's great, thanks! I'll let you know how it goes.
hotspur77
Thought i'd give an update.

Just recieved a letter today saying that after a "comprehensive review of this case" they have identified a procedural error and the PCN has been cancelled.

So i'd just like to say a big thanks to this site and to Scaramouche in particular.

Cheers
DancingDad
Eyeup...are Westminster starting to bottle in the CEo not prvented gambit???

Anyway...well done
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