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FightBack Forums > Queries > Council Tickets & Clamping and Decriminalised Notices
HoveResident1
Dear All

I received a PCN on 15th July 2012

I appealed mearly on the grounds that I was disabled and Blue Badge was on display
however the clock was showing as expired. the truth being I forgot to amend the time shown.

I have received a reply from BRIGHTON AND HOVE COUNCIL today with letter dated 27th JULY 2012
and although it has arrived by post at my address,the name of the addressee has no likeness to mine even though I
have VO5 in my name ect..and my correct name was clearly on my original appeal letter.

I have 15 days to appeal there ruling of not sufficent grounds to cancel the PCN.

Should I let them run with the incorrect surname but correct address,(I have no idea where this surname has come from ) and ave resided in my property
for over 10 years...

Or should I now look at all angles of appeal..

MANY THANKS please advise..
SchoolRunMum
I am from your area too. smile.gif

You should look at all angles of appeal. A friend has appealed 2 PCNs in Hove and had to go to adjudication on both, and won both.

Let's see your pics please, all pages of every document please. Use a mobile phone or digital camera if you don;t have a scanner. We need to see the PCN (both sides) and that rejection letter (please don't type it out).

Also where were you parked, in a car park or on street? Where? Can you link the place on Google Street View in a reply here please?
Neil B
Please follow what Mum suggested but yes, you might have a point of interest to start with.

The V5 shouldn't be relevant at this stage; They should reply to the challenger.

If its a different name entirely (and possibly the name of another appellant for another case?) then you may well have a case of 'failure to consider'. Whose points are they responding to!!! ???

We will know more when you show docs as Mum said.
HoveResident1
Will post all scanned docs and letters inc pin on Monday as i am away for the weekend
thanks for the replies..
HoveResident1
Have been able to scan reply letter from council..can not scan PCN as my elderly friend who received the ticket returned it to the council with the appeal. and did not save the initial letter.
I have also attached the google street view image ..however the image id from 2009 and does not show the disabled bay ,this was put there in 2011. however also where the white car is parked is where the BAY is located..

hcandersen
The bay's not relevant as the alleged contravention is being parked on double yellow lines (you were in the bay and on the DYL apparently).

The council's committed a blunder in its response because you submitted your challenge quickly and they responded similarly. The council have threatened to serve ("will serve") a NTO without lawful authority. This arises because their letter refers to "if you do not pay within 14 days a NTO will be sent to the owner". Oh no it won't. The council may only serve a NTO after the period of 28 days beginning on the date of service has elapsed. The council's response threatens to do this on 10th Aug (14 days after the date of the letter - it doesn't state service, so you're perfectly entitled to assume date of the letter), however, the legal date is 11 Aug.


HCA
SchoolRunMum
And the final paragraph 'APPEAL FURTHER' that HCA mentions, bangs on about the 'keeper' and also states wrongly 'only the keeper can do this'.

Errrrrrmmmm...only the OWNER is responsible.
HoveResident1
many thanks for the encouraging response.
I shall leave my reply to last knocking..!
And once pin is squashed encourage my elderly neighbour to make
a donation.

many thanks will continue to post re this pcn as and
when updates occur..
HoveResident1
Click to view attachment

have today popped into my neighbours to show him replies on website..and he has produced another response to another PCN issued on the 02 July 2012.
It arrived by post whilst i was here..!
He is parked in exactly the same Disabled Bay and the response seems to be identical from the Parking Services departement.
I have not seen the ticket nor his original reply.

Attached is a scan of the letter received .

Should I once again wait for the NTO to be issued or be appealing further in writting on his behalf

Many Thanks
HoveResident1
COULD YOU PLEASE ADVISE WHAT I NEED TO DO NEXXT ?
DO await NTO

many thanks
SchoolRunMum
I can't see that latest 'attachment' you mention?
HoveResident1
I started a new thread on it so as not to confuse the issue.
You can find it via my posts .there are only 2.

I know the council has messed up with its reply leter on previous PCN and letter on 2nd PCN is same text different parking offence.
HOWEVER I have no idea what my next move is on either .. do i need to reply again or wait or just ignore

Thankyou
SchoolRunMum
You do have an idea because the letter tells you what the options are. Ignoring is not one of them unless you like bailiffs on your doorstep in the end!

I would await the NTO and then post it up here when it arrives, if you are sure that you wish to fight on. The discount will have gone, let's be clear, so you'll be appealing formally and then at adjudication and it will be on an all or nothing basis (full penalty would have to be paid if you lose, nothing if you win). No costs or Court or anything. I would carry on if it were me, but I just wanted you to know what's what and to make an informed decision if you are carrying on.
HoveResident1
Thanks for the advise YES i am happy to wait for the NTO ...and go to adjudication as and when
Will post NTO when it arrives
Enceladus
Please post up scrubbed scans of all sides of the original PCN. And the text that you sent to the Council.

Scrubbed means obscure your name & address, PCN number and car reg. Please leave visible any dates, time, location and Council info.

Why were you parked half out of the bay?

And to what extent is the name different. A typo or Elmer Fudd v Fred Flintstone.
HoveResident1
PDF SCAN is in the 3rd thread of this Post thanks .
Enceladus
QUOTE (HoveResident1 @ Thu, 16 Aug 2012 - 09:21) *
PDF SCAN is in the 3rd thread of this Post thanks .

I assume you mean post #5 above? So far as I can see the document there contains a scan of a rejection letter from the Council. Which is fine as that is also required. However I asked you to please post up scans of both sides of the original PCN and also the text of the letter that was sent to the Council (ie. your informal representations against the PCN).

QUOTE (HoveResident1 @ Wed, 1 Aug 2012 - 12:53) *

also
You attempted to attach a file to post #9 above. We cannot see the attachment.

In general please do not "attach" files to your posts. It is not intended for this purpose and has limited functionality. Instead please upload all scans / images etc to a suitable free of charge hosting service. This will generate HTML links which you simply copy and paste into your posts on here. Easy as falling off a bike when you have done it once.

I use tinypic.com with no issues. A guide to all this is to be found in the site FAQ section here. Any issues then please post back and somebody will talk you through it.
HoveResident1
ok thanks for info i could not csan the PCNS as the offender ! my elderly neighbour returned them with his written appeal of which he also did not keep a copy..
the file I attempted to post 9 i started as a new thread .thanks
Enceladus
QUOTE (HoveResident1 @ Thu, 16 Aug 2012 - 18:50) *
ok thanks for info i could not csan the PCNS as the offender ! my elderly neighbour returned them with his written appeal of which he also did not keep a copy..
the file I attempted to post 9 i started as a new thread .thanks

Please let us leave the neighbour out of this for a minute.
As I understand it, this thread relates to your Penalty Charge Notice.
This being the case then please post up scrubbed scans of all sides of all pages of your PCN.
and
The text of the letter or email or web-form that you sent to the Council by way of "informal representations".
Enceladus
PS.
Do we correctly understand that we are dealing with two discrete Penalty Charge Notices?
Albeit for the same location?
One PCN, the PCN discussed in this thread relates to a vehicle of which you are the registered keeper?
The other PCN relates to a different vehicle of which your neighbour is the RK?

I assume that is all correct? If not then please feel free to correct.

Concerning your PCN: Asides from posting up the documents I asked for can you please explain why it would appear from the Council photos that you were parked half in / half out of the bay? What is the reason for that?
HoveResident1
Dear All

SO HERE IS LATEST FROM BRIGHTON AND HOVE COUNCIL I HAVE ATTACHED THROUGH MEDIAFIRE THE DOCUMENTS.
so please follow the link .
i you can catch up with the thread you will see that the original council refusal of appeal was addressed to the correct address but totaly the wrong person ..

MY APPOLOGIES for delay to many days travelling.



http://www.mediafire.com/view/?jfp3a54qqvw6zzo



I received a PCN on 15th July 2012

I appealed mearly on the grounds that I was disabled and Blue Badge was on display
however the clock was showing as expired. the truth being I forgot to amend the time shown.

I have received a reply from BRIGHTON AND HOVE COUNCIL today with letter dated 27th JULY 2012
and although it has arrived by post at my address,the name of the addressee has no likeness to mine even though I
have VO5 in my name ect..and my correct name was clearly on my original appeal letter.

I have 15 days to appeal there ruling of not sufficent grounds to cancel the PCN.

Should I let them run with the incorrect surname but correct address,(I have no idea where this surname has come from ) and ave resided in my property
for over 10 years...

Or should I now look at all angles of appeal..

MANY THANKS please advise..
SchoolRunMum
I can't get that MediaFire link to load, it just sticks...can you show the pics directly in the thread in a reply please?

You should look at all angles of appeal. Have they reoffered the discount?

Is the surname completely different, from yours, completely unrecogniseable? I wonder if they've used a template response and left someone else's name above the address...
HoveResident1
OK so I have all the paperwork available with the NTO notice now received


I have linked the PDF to Mediafire website and attached the link that should work plus a few others it offers in different formats

http://www.mediafire.com/?dje41u3783mvae9drno9a8m7wcci6m4


http://www.mediafire.com/file/jfp3a54qqvw6...5_JULY_2012.pdf


<a href="http://www.mediafire.com/view/?jfp3a54qqvw6zzo" target="_blank">http://www.mediafire.com/view/?jfp3a54qqvw6zzo</a>


http://www.mediafire.com/view/?jfp3a54qqvw6zzo

all lead to the same document please just cut and paste
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