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mat1
Last month I woke up to a dead battery, I was parked in a residents bay and had to get to work urgently.

I didn't have any breakdown cover so an early callout fee would have applied if I signed up to claim that morning. Not that I had time to hang about, I would have lost my job if I was late.

As soon as I discovered the breakdown I called Islington council and spoke to two members of staff who advised me to leave the car and appeal any tickets received after the car was fixed and I had a breakdown receipt. I also spoke to a passing ticket inspector who advised me to leave a breakdown note in the window with my phone number and her reference number. Obviously this didn't work and I received a ticket.

The earliest I could get back to the car was 25hrs later when the RAC came to fix the issue.


Below is the email correspondance, earliest first. I should have come here first ohmy.gif


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Hi I'd like to challenge the ticket ref: IS23397580

I received this ticket when my car was broken down with a dead battery on North Road, N7, 06/05/11.

The first ticket inspector I spoke to (No: 1604) advised me to leave a note in the windscreen notifying any other inspectors that my car was broken down. Of course this didn't work and I received this penalty ticket. The RAC came to fix my car the next day.

I'd like you to retract the charge.

Can you please advise me of exactly what information you need from the RAC?

Thanks

Matt



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Dear Matt

Penalty Charge Notice No. IS23397580 Date of Issue 06/05/2011 at 11:46
Location of Contravention North Road, N7

Thank you for your letter regarding the above Penalty Charge Notice (PCN) which was recently received at this office.

The PCN was issued as the vehicle parked in a residents’ or shared use parking place displaying an invalid permit, an invalid voucher or an invalid pay and display ticket.

I have noted your comments and reviewed the appeal. I note the vehicle had broken down at the time of the contravention.

In order that I may further review the appeal please send the breakdown report showing the date of recovery.

In the meantime, I am going to place this case on hold until 21st June 2011 to allow you enough time to supply the supporting documentation. Should you decide to pay then a payment of £40.00 will be accepted in settlement if we receive it before that date. After that period the charge will increase to £80.00.

If no payment or documentation is received, the next stage is that a Notice to Owner will be sent to the person responsible for the penalty charge. This is a necessary legal step and further correspondence will only delay this process.

I am afraid you are unlikely to get a further opportunity to make discounted payment. However, the Notice to Owner will establish liability for the Penalty Charge Notice and the grounds under which representations may be made. If representations are made at this stage and they are rejected, there will be the right of appeal to the independent adjudicator at the Parking & Traffic Appeals Service.

You can make a credit or debit card payment on - 020 7527 2000 - at any time. You can also pay on line at www.islington.gov.uk. If you prefer to pay by cheque, please make it payable to LB Islington and send it to the above address. Please write the PCN number on the back of the cheque. You may also send postal orders (quoting the PCN number).




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Hi Alison,

Below is my breakdown receipt. A paper copy is on it's way to me also. I can email a scan of it or drop it in to your office if that's better.

Thanks

Matt

Begin forwarded message:

From: Mandy Kitching <MKitching@rac.co.uk>
Date: 7 June 2011 12:45:19 GMT+01:00
To: *********@gmail.com
Subject: RAC Customer Care Ref 08889

RAC - Customer Care
RAC House, Brockhurst Crescent, Walsall WS5 4QZ
Tel 0800 7311104 Fax 01922 746528
customercareoperations@rac.co.uk www.rac.co.uk


7 June 2011

Ref 08889/11/MK

Dear Mr Matt

Thank you for contacting RAC Breakdown Customer Care. As requested, I can confirm our records indicate the following, after your recent call for assistance on 7 May 2011

RAC Job Ref : O507PC120

Vehicle Registration : xxxxxxx

Time we received the call : 12:42

Time of attendance : 13:28

Time call out completed : 13:50

Location of vehicle : 24 North Road. London N7 9EA

Our Patrol arrived and jump started the vehicle, due to a battery concern.

Should you need any further information, please do not hesitate to contact me.

Yours sincerely
Mandy Kitching
Customer Care Manager



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Dear Matt

Penalty Charge Notice No. IS23397580 Date of Issue 06/05/2011 at 11:46
Location of Contravention North Road, N7

Thank you for your letter regarding the above Penalty Charge Notice (PCN) which was recently received at this office.

The PCN was issued as the vehicle parked in a residents’ or shared use parking place displaying an invalid permit, an invalid voucher or an invalid pay and display ticket.

I have noted your comments and reviewed the appeal. Thank you for sending confirmation of the breakdown call out that was made on the 7th May 2011. The contravention occurred on the 6th May 2011 at 11:46 and the call to the RAC was made on the 7th May at 12:42.

Vehicles cannot be left in bays without a permit for any length of time. Discretion may be applied if the breakdown was remedied within a short time of the time the PCN was issued. However on this occasion I am satisfied a contravention occurred and the PCN was issued correctly. I have decided to enforce the PCN.

As the PCN was issued correctly, payment is now due. I have decided that we can accept the discounted amount of £40.00 provided we receive that before 2nd July 2011. Please bear in mind that on that date the charge will increase to £80.00.

If you wish to continue to contest the matter, the next stage is that a Notice to Owner will be sent to the person responsible for the penalty charge. This is a necessary legal step and further correspondence will only delay this process.

I am afraid you are unlikely to get a further opportunity to make discounted payment. However, the Notice to Owner will establish liability for the Penalty Charge Notice and the grounds under which representations may be made. If representations are made at this stage and they are rejected, there will be the right of appeal to the independent adjudicator at the Parking & Traffic Appeals Service.

You can make a credit or debit card payment on - 020 7527 2000 - at any time. You can also pay on line at www.islington.gov.uk. If you prefer to pay by cheque, please make it payable to LB Islington and send it to the above address. Please write the PCN number on the back of the cheque. You may also send postal orders (quoting the PCN number).


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Hi Alison,

As soon as I realised my car was broken down I contacted the RAC to see how quickly they could reach me.

This was made at 10:52 on 6th May, before the ticket was issued. They quoted me 2 hours which would have caused me to be unacceptably late to my client. I would have lost my main client and source of income. Unfortunately being self employed I am far from irreplaceable.

Before the ticket I spoke to two separate members of islington council and a passing ticket inspector, each of which advised me to leave the car and return to it as early as possible the next day. These calls were at 11:08, 11:43 then later at 12:51.

The ticket inspector also advised me to leave a note on the dashboard saying I'd broken down along with my phone number and her work reference number. You can see this in the picture below. Obviously this didn't help.


I have a record of these phone calls on my latest bill (I can provide this).


As soon as I discovered the breakdown I remedied it as fast as possible, following the direct advice of multiple members of islington council including a ticket inspector. I don't believe it is fair to uphold the pcn given all of these circumstances. I certainly did my best to get the situation fixed in good time, 25hrs approximately.

Thanks

Matt



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I am out of the office until 21st June 2011. Parking Appeals can be sent to lancingislingtonpcnteam@rrd.com


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1. I think I messed up not coming here first. There are a few liberties in that last email - I did call the RAC but didn't bother getting a quote for the callout as I had to get to work.

2. Given the out of office email response should I resend my appeal before she gets back?


cabbyman
Post your PCN on here, blanking out your details. There could be errors on there that can be exploited.

No point in contacting them again at the moment.
bama
get the TMO for that location.
often there is an explicit exemption for breakdowns.

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