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Martin_TD
Hey everyone, I've got a PCN - Parked without clearly displaying a valid pay or display ticket or voucher. I hadn't realised my gf placed it under the sun strip but if you tried you could make it out... I still have my ticket and there was 15 mins left of my display ticket when I got the PCN.

I don't want to pay the £25 because the attendant was too lazy to bother.

Any help would be appreciated.

Cheers.



Maybe if their machine printed out solid lines there wouldn't be a problem...


buttonpusher
Can you add the back of the pcn for the experts please.
Martin_TD
Back:



Bogsy
The letter below has had some success. If you think it appropriate you can send it with a copy of the P&D ticket. Don't send the actual ticket.

Dear Sirs

I would like to appeal the penalty charge served upon me.

Enclosed is a copy of the Pay & Display ticket that I purchased and displayed for inspection. It can clearly be seen that I paid the appropriate fee and that the ticket was valid when the officer inspected my vehicle. Unfortunately your officer did not appear to see the ticket and perhaps the ticket was not easily visable if it had slipped down below the level of the sun strip that forms part of the windscreen. This is only speculation on my part as I believe the ticket was visible.

However, now that the ticket has been presented for inspection it is clear that I did not avoid payment of the parking fee or that I had parked beyond time paid for. The only purpose a ticket needs to be displayed is to enable an officer to distinguish between those that have paid for parking and those that have not and those who have exceeded the time paid for. The ticket produced clearly shows that had your officer seen my ticket at the time of inspection that there would be no need to serve a penalty charge notice.

The only remaining issue is whether the fact that the ticket was not observed by your officer at the time of inspection warrants the council taking a hard line and upholding the penalty charge. I believe that for the council to take such a stance would be contrary to the advice of the DfT and the Secretary of State.

Paragraph 85 from the Secretary of State’s Statutory Guidance to Local Authorities advises;

85. An authority has a discretionary power to cancel a PCN at any point
throughout the CPE process. It can do this even when an undoubted
contravention has occurred if the authority deems it to be appropriate in the
circumstances of the case. Under general principles of public law, authorities
have a duty to act fairly and proportionately and are encouraged to exercise
discretion sensibly and reasonably and with due regard to the public interest


This statutory guidance is given legal authority by section 87 of the Traffic Management Act 2004 whereby statute instructs that the council must have regard to this guidance. Any failure to have regard to this guidance is a procedural impropriety as defined by regulation 4(5) of the Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007;

4(5) In these Regulations “procedural impropriety” means a failure by the enforcement authority to observe any requirement imposed on it by the 2004 Act, by the General Regulations or by these Regulations in relation to the imposition or recovery of a penalty charge or other sum and includes in particular

As a valid ticket has been presented for inspection it is clear to any reasonable person that it would not be in the public interest to penalise a person who paid the required fee, displayed a ticket and did nothing to the detriment of the public interest. I cannot think of a more appropriate situation where paragraph 85 applies than this. I therefore politely request that the council act fairly and proportionately in this matter and exercise their discretion sensibly and reasonably by cancelling this penalty charge. It would be best for all if we can resolve this without the need to seek independent adjudication.

Yours with love, hugs and kisses
Martin_TD
What an amazing letter lol.

I'll print it out and send it tomorrow and I'll let you know how I get on.

Thanks!
Bogsy
Don't rush, wait to see if over the weekend others have anything to add.
Martin_TD
Alright thumbsup.gif
Bluedart
Wait until you get the Notice to Owner, that should arrive after the 28 days have elapsed, (Not before but can be later).

I know there is more fun to be had with this one.

Keep the ticket and the PCN.
Martin_TD
Anyone else?
SchoolRunMum
I would send the informal appeal, as if you just sit back and wait for the NtO then you are in for the full penalty amount. Not that I am suggesting you should consider paying it!

If the Council decline your appeal then they will send an NtO in due course and Bluedart can then explain what more fun can be had!
watsits
QUOTE
Hey everyone, I've got a PCN - Parked without clearly displaying a valid pay or display ticket or voucher. I hadn't realised my gf placed it under the sun strip but if you tried you could make it out... I still have my ticket and there was 15 mins left of my display ticket when I got the PCN.

I don't want to pay the £25 because the attendant was too lazy to bother.


So it wasn't clearly displayed then. equates to your mistake not the wardens you let your Girl Friend place the ticket. But then again have fun and follow Bogsy's advice he's the Man LoL. biggrin.gif tongue.gif
Bogsy
If they do not accept your informal challenge then wait until the NtO as we can play hard ball then.

The regulating traffic order appears to be this one

http://tro.parking-adjudication.gov.uk/files/BL01.pdf

Article 57 is interesting.

57) (A) IF at any time while an authorised vehicle is left in a parking place
no ticket is displayed on that authorised vehicle indicating the payment
of the appropriate pay and display charge in accordance with Article 50
hereof, it shall be presumed unless the contrary is proved that the said
charge specified in Article 50 hereof has been duly paid for the
authorised vehicle and that the period for which payment was made by
the said charge has already expired;


It is basically saying that where no ticket is displayed then it is assumed a ticket has been purchased but that it has expired.

Therefore the order does not necessarily make it a contravention to fail to display. The correct contravention according to their own order is code 05 "Parked after the expiry of paid for time". It's possible this has been amended since 2003 but when it comes to it we can throw the argument at them to see how they respond.
hcandersen
Your ticket suggests it was bought at 18.17 and yet "paid for time" expired at 20.00 hrs. Does this mean that the restriction ended at 20.00 hrs? If so, did you not only pay for time but also for more time than you needed?

HCA
Martin_TD
QUOTE (hcandersen @ Sun, 28 Aug 2011 - 18:56) *
Your ticket suggests it was bought at 18.17 and yet "paid for time" expired at 20.00 hrs. Does this mean that the restriction ended at 20.00 hrs? If so, did you not only pay for time but also for more time than you needed?

HCA


I paid £2.50 for two hours, so I assume the restriction ended at 20:00

Cheers, Martin.
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