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biggus_richus
Hello all,

I got a civil parking ticket from Maidstone Borough Council a few weeks back while at the undertaker arranging my Mum's funeral. I returned to my vehicle six minutes after the PAD ticket expired. The charges were 40p for half an hour, £1.80 above. I've not arranged a funeral before so thought half an hour would be enough. Besides, it's all my Dad and I could scrape together; we couldn't register the death in Maidstone inside a week, so drove to Ashford to do so and spent most of our change on a car park there.

I located the enforcement officer and calmly explained the circumstances. He said I should challenge the fine and his field notes would reflect that I returned to the vehicle just as he issued the ticket.

With hindsight, I think my challenge was worded poorly; I didn't explicitly appeal on compassionate grounds, just said that I accepted I was late returning but that I was arranging my mother's funeral. The challenge was rejected with the cut-and-paste reply that charges are clearly displayed, and that I should have known how long I would be and paid appropriately.

I now have 14 days to pay up £25, or I can wait until the NTO to make a formal representation at which point the fine is £50.

Looking on the PATROL website I don't have any legal grounds. It appears I can't request formal representation on compassionate grounds.

To further complicate matters, not being of particularly sound mind at the moment, I enclosed my original penalty notice with my appeal; I have no copy of the original, or the PAD ticket.

Am I better off cutting my losses and paying the £25?

Thanks for reading,
Rich.
emanresu
Sorry to hear about your circumstances.

If you would like some help we'll need

1) A scan of the PCN both sides with your details off and the dates / times on.

2) A scan of any reply you have had from MBC.

3) Location on Google Street View so we can have a look about.
biggus_richus
Thanks emanresu.

Due to not really thinking straight, I sent the original PCN off with my challenge. It was not returned to me. I will try and have it sent back.

I can provide the orher two items. Can anyone help without the PCN? is there any precedent for getting these things back when they've been sent to the issuing council?
matttheladd
Sorry to hear about the loss of your Mother, a time when you need support not the grief that Maidstone Borough Council are now putting you through but be assured we will do what we can to help you out.

It would be my suggesttion that in the first instance you recontact MBC and ask them to send the PCN back to you. Explain that despite their refusal to accept your initial challenge you are, by law, entitled to make further challenges prior to them issuing a Notice to Owner and that without the PCN you are unable to make a decision as to whether you should pay up or make further challenges. You might like to suggest that in the first instance they send you a scanned copy via email, followed up with the original PCN in the post. If they refuse, be polite but firm, and ask for the persons name and position held within the parking department, and explain that by witholding this "evidence" they are acting unfairly and being predudicial and that this will be mentioned to the Adjudicator, should it get to that stage.

We know that MBC have been using NtOs that are non compliant so there is potential to get the PCN quashed later in the game.

In the mean time, can we have a location please.
biggus_richus
The location was Wheeler Street car park. I was parked in one of the bays on the left.
emanresu
This is the TRO in the repository but can't see anything at the moment.

Maidstone
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