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Full Version: PCN Received on Car that Rolled Out of Parking Bay
FightBack Forums > Queries > Council Parking Tickets & Clamping and Decriminalised Notices
Zelpha11
My car was parked on a hill in a metered bay. After paying for the ticket by phone, I left for a meeting.

When I came back I found that my car had rolled down the Hill. It was stopped only by a car parked in the next bay further down the Hill.

My car came to a halt in front of the entrance way to a block of flats. I found a PCN on my windscreen to the tune of £130/65.

Do I have grounds to contest? It turns out that my handbreak is faulty, hence the roll down the Hill, which I was not aware of. I have only just had it MOT'd and this didn't come up.

Clearly since I had paid to park in the bay, but this was literally the scene of an accident.
That said, while there was damage to my car, there was none to the car on which mine landed so no police or insurers notified.

Can you advise of on what grounds if any I could appeal, and perhaps suggest language.

This took place in Islington on Hazellville Road, N19.
Having only just discovered this site, I have left just till the 24th to appeal.
Many thanks

PS contravention is listed as 01 Parked in a restricted street during prescribed hours
makara
Other side of PCN?

ALso try to rotate the image scanned here, so others can see it easily.
SchoolRunMum
You can just say thre contravention did not occur as the vehicle only ended up there due to circumstances out of the control of the driver. Point out that the car is in good nick and just MOT'd so there is no question of this being anything but an unexpected incident beyond anyone's control. Enclose a copy of the repair bill and ask for the ticket to be cancelled.

And when they reject, come back and post a reply here with the full PCN please, both sides, (the right way up and the whole thing!) and the letter of rejection. Just cover your name/addy/car reg and PCN number/ref.
Zelpha11
Hi Thanks so much for this.

I'm reposting the ticket, front and back as requested.

I've not taken the car to the garage but will do so on Monday. Do you think a quote for works will suffice as I will have to send the appeal out on Monday to be sure I make it in time?

In any event, should they reject (when?), I will post further.

Oops pics again have rotated themselves on this site. Can you advise how to get them the right way up?
SchoolRunMum
Those are also too small to read, so try again please, have a look at the FAQs 'how to post pictures'.

I don't know the date of your PCN but you only count forward 13 days (not 14) if you are eyeing the discount period. Day one is the PCN date, so the deadline would only be Monday if your PCN was issued on a Tuesday.

You can probably appeal by email but I can't see that on the PCN either.

And a car with a faulty handbrake...I think anyone would expect you to have taken it to a garage for repair within the last fortnight! Or returned it to the MOT station and complained about them missing a potential deathtrap?
Zelpha11
It seems that the handbrake is not at fault as per the garage so no work will be carried out.
I'm can't seem to re upload my edited pictures.
qafqa
Now that the handbrake has been cleared does this cheekily edited version
of an earlier post by SchoolRunMum summarise your position?

QUOTE
You can just say thre contravention did not occur as the vehicle only ended up there due to circumstances out of the control of the driver. Point out that the car is in good nick and just MOT'd so there is no question of this being anything but an unexpected incident beyond anyone's control.


Unattended vehicles moving out of a bay does happen, this thread by Molf is an example:
Car hit and pushed out bay - got a ticket!
http://forums.pepipoo.com/index.php?showto...62982&st=40

Add to your challenge a requirement for copies of all the photographs taken
by the CEO and all the notes relating to the PCN made by the CEO.
Zelpha11
QUOTE (qafqa @ Mon, 22 Oct 2012 - 14:29) *
Now that the handbrake has been cleared does this cheekily edited version
of an earlier post by SchoolRunMum summarise your position?



QUOTE
You can just say thre contravention did not occur as the vehicle only ended up there due to circumstances out of the control of the driver. [/i]Point out that the car is in good nick and just MOT'd so there is no question of this being anything but an unexpected incident beyond anyone's control.


Unattended vehicles moving out of a bay does happen, this thread by Molf is an example:
Car hit and pushed out bay - got a ticket!
http://forums.pepipoo.com/index.php?showto...62982&st=40


Add to your challenge a requirement for copies of all the photographs taken
by the CEO and all the notes relating to the PCN made by the CEO.


Yes it does...Thanks.
I sent out my challenge letter before receiving your post. Can I send an addendum to my challenge via email? Or can I request the photographs and notes on appeal of the presumed rejection?

Thanks again.
SchoolRunMum
QUOTE (Zelpha11 @ Mon, 22 Oct 2012 - 19:29) *
Yes it does...Thanks.
I sent out my challenge letter before receiving your post. Can I send an addendum to my challenge via email? Or can I request the photographs and notes on appeal of the presumed rejection?

Thanks again.


You can send an addendum asking for photographs & CEO's notes (because presumably your car won't have been parked nice and straight?!). Did you include your postal address in the email as they need that as well as the PCN number. Make sure you've sent everything.
Zelpha11
QUOTE (SchoolRunMum @ Mon, 22 Oct 2012 - 23:50) *
QUOTE (Zelpha11 @ Mon, 22 Oct 2012 - 19:29) *
Yes it does...Thanks.
I sent out my challenge letter before receiving your post. Can I send an addendum to my challenge via email? Or can I request the photographs and notes on appeal of the presumed rejection?

Thanks again.


You can send an addendum asking for photographs & CEO's notes (because presumably your car won't have been parked nice and straight?!). Did you include your postal address in the email as they need that as well as the PCN number. Make sure you've sent everything.

Actually, the car had rolled straight down and was neatly parked in front of the entrance way! But obviously, I had paid to park in a legal spot and wasn't in one by any stretch!
Yes, I included my postal address.
hcandersen
See Islington's web site:
http://www.islington.gov.uk/services/parki...ew-picture.aspx

You can see photos of the vehicle, if taken, and I suggest you look at these.

Unless they show your vehicle actually touching another vehicle then your account (which to be fair requires disbelief to be suspended) is unlikely to be believed. I suggest you check.

HCA
Zelpha11
QUOTE (hcandersen @ Tue, 23 Oct 2012 - 09:34) *
See Islington's web site:
http://www.islington.gov.uk/services/parki...ew-picture.aspx

You can see photos of the vehicle, if taken, and I suggest you look at these.

Unless they show your vehicle actually touching another vehicle then your account (which to be fair requires disbelief to be suspended) is unlikely to be believed. I suggest you check.

HCA

Hi there,
I logged into the link above and although it says pics have been posted (several of them), I can't seem to access them when I click on "view images".

I'm hoping that they will indeed have pics of my car on the other one, as that was how I found my car when I came back.
EDW
email the council and tell them, keep the email.
Zelpha11
QUOTE (hcandersen @ Tue, 23 Oct 2012 - 09:34) *
See Islington's web site:
http://www.islington.gov.uk/services/parki...ew-picture.aspx

You can see photos of the vehicle, if taken, and I suggest you look at these.

Unless they show your vehicle actually touching another vehicle then your account (which to be fair requires disbelief to be suspended) is unlikely to be believed. I suggest you check.

HCA

I called Islington and they emailed me the photos. They clearly show that my car is touching the other vehicle, and one wheel is on the pavement.
Zelpha11
Dear Fighter Backs,

I'm delighted to report that my PCN appeal was successful.
I received the following letter back:

"Thank you for your letter regarding the above Penalty Charge Notice (PCN).

The PCN was issued because the vehicle was parked on double yellow lines.

Having noted your comments and viewed the photographic evidence provided by the Civil Enforcement Officer, I am satisfied that the contravention occurred due to events outside of your control and I have therefore decided to cancel the penalty charge. Please note that there is no automatic right to have a penalty charge cancelled in circumstances such as this and any future PCNs issued for similar reasons may be upheld.

As the penalty charge has been cancelled, there is no need for you to take any further action."


Thank you all for your input!

I'm so appreciative.
Incandescent
Well done ! It just goes to show don't it, the value of an appeal before coughing up without protest.
hcandersen
Well done.

As a picture paints a thousand words, can we see the pics?

HCA
makara
Very well done!! Common sense prevailed their end too :-)
Zelpha11
QUOTE (hcandersen @ Thu, 25 Oct 2012 - 16:18) *
Well done.

As a picture paints a thousand words, can we see the pics?

HCA

Here's 1

QUOTE (hcandersen @ Thu, 25 Oct 2012 - 16:18) *
Well done.

As a picture paints a thousand words, can we see the pics?

HCA



QUOTE (hcandersen @ Thu, 25 Oct 2012 - 16:18) *
Well done.

As a picture paints a thousand words, can we see the pics?

HCA


Sorry its taken a while to upload this. I had trouble using the photo editor online for some reason. Then discovered I have a perfectly adequate one on my computer!
Thanks again to one and all
glasgow_bhoy
Ooh that looks expensive. I'd have rathered the parking fine than the insurance payout for the Beemer and the Jazz!!
Zelpha11
QUOTE (glasgow_bhoy @ Tue, 30 Oct 2012 - 14:23) *
Ooh that looks expensive. I'd have rathered the parking fine than the insurance payout for the Beemer and the Jazz!!

Sadly, I wasn't given the choice!
Fortunately the other car had no damage, just mine. Can't afford to fix mine at the moment...
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