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wayne l
Hi please excuse my english first as its not the greatest but iam a long time reader of this site and now need some hepl with a bassetlaw council pcn.

the story is that my wife parked in a bc pay and display car park and bought a ticket whilst attending a mid wife appointment which unfortunately due to no fault of her own overran.

When she returned to the car their was CEO in the car park but no PCN ON THE CAR!!! so she thought nothing more of it

14 days later i recieved an NTO ?? that stated since we had ignored the original PCN then the charge had now gone up to £50

i rang the Notts parking partnership who deal with bc parking and stated to them that we had no pcn recieved and could i ahve a copy of this along with any relevant photos.
They sent me a copy of the PCN but no photos.

I then requested again a copy of the photos of my vehicle they eventually sent them of the car with the ticket on the dashboard but no Pcn on the windscreen on the car as is the norm???

When i again contacted notts parking partnership asking why no pcn on the car they again couldn,t explain why??

eventually after speaking to the Head of BC parking he said that he would put the case o hold pending further investigations which included interviewing the CEO.

We waited a period of 1 week hearing nothing until i again rang the head of BC parking who said the CEO had given a statement that the PCN had been handed to my wife and she said it didnt matter.

he described my wife as a brown haired lady with a black dress which unluckily for him my wife has red hair and being 7 months pregnant and a toddler in tow he also ommited.

we eventually recieved the next enforcement notice after we had appealed and asked for a tribunilal whch initially was rejected as out of time but now has been allowed.

1 further point that on the back of the PCN IT WRONGLY STATES TO PRESS OPTION 3 TO HEAR ABOUT HOW TO APPEAL. When you call the number their is no option 3

WE also have a signed statement from the midwife stating that my wife was at her appointment an d not her fault it overran.

Sorry for the typing and english but hope you can help??
Incandescent
Post up all documents received, plus anything you sent to the council. A timeline of events would be helpful as well. BTW the fact your wife overran her appointment is only of relevance in terms of a mitigating curcumstance, so is not a winning argument. Have you appealed to the adjudicator or not ? It seems so from your text, so have you a date for the adjudication tribunal. This is the Traffic Penalty Tribunal: -

http://www.trafficpenaltytribunal.gov.uk/site/index.php

I assume the location is Nottingham or nearby, is this correct ?

wayne l
i have appealed and yes it is nottingham but at retford. Surely the fact the CEO has provided the wrong description means that the PN was never served??
Incandescent
OK, its at adjudication stage, but what evidence have you submitted to refute that of the council ?

In addition, have you a date for this, and if so, have you received the council evidence which they are obliged to give to you as well as the adjudicator. Sending you an NTO after only 14 days seems illegal, I am sure it should be 28 days after service of the PCN, so this is a procedural impropriety if it is true.

IN cases like this, much depends on witness credibility, as your wife was late back to the car as you admit, so it is down to process and paperwork to make a good appeal case.
wayne l
QUOTE (Incandescent @ Tue, 4 Sep 2012 - 20:42) *
OK, its at adjudication stage, but what evidence have you submitted to refute that of the council ?

In addition, have you a date for this, and if so, have you received the council evidence which they are obliged to give to you as well as the adjudicator. Sending you an NTO after only 14 days seems illegal, I am sure it should be 28 days after service of the PCN, so this is a procedural impropriety if it is true.

IN cases like this, much depends on witness credibility, as your wife was late back to the car as you admit, so it is down to process and paperwork to make a good appeal case.



we have not recieved the eveidence pack from the council and and do not yet know the date of the hearing which we have requested in person so they can see that my wife is not he person descibed in the ceos notes.

i will update with pics of paperwork when i can and have only sent a short statement to the tribunial people.

any thoughts on the points raised about ceo description of my wife and wrong option number stated
bama
we need to see all the paperwork you have to date
including a copy of the representation you sent in response to the NTO

take our personal details but leave dates and times in
http://forums.pepipoo.com/index.php?autoco...ticle&id=16

a timeline would be helpful
at the moment we haven't see the paperwork and have no idea of the dead line date(s)
so its rather hard to make a factual contribution
wayne l
Just a quick update that the council have decided not to contest this so i have won!!!!

Is an FOIA request the only way to get the supposed statement taken from the CEO that was obviously all lies?? as i intend to take this further

Many thanks for all the help and how do i make a donation to the upkeep of the site
Incandescent
Congratulations !! I am sure the operators of this forum would greatly appreciate a donation.
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