I got a PCN stuck to my windscreen on 06/10/2012 for contravention code 27: Parked in a special enforcement area adjacent to a footway, cycle track or verge lowered to meet the level of the carriageway.
On the same day I wrote to them the following letter:
Penalty Charge Notice: EF43524970
I refer to the above penalty charge notice that I found on my car.
Could you please send me by post to my above mentioned address such images from the record of the contravention produced by the approved device which resulted in the Penalty Charge Notice that in your opinion established the contravention?
I look forward to hearing from you shortly.
I heard nothing for a few weeks so I sent them emails as I was getting worried (maybe they got lost in the post or something) just asking them for an update as I hadn't heard anything. The emails were sent on the following dates:
On 13/12/2012 I received the below email:
Dear Mrs xxxxx
Traffic Management Act 2004 and London Local Authorities Act 2000
Penalty Charge Notice (PCN) Number: EF43524970
Date of Contravention: 06/10/2012
Location of Contravention: SIDNEY AVENUE N13
NOTICE OF REJECTION OF FORMAL REPRESENTATIONS
Thank you for your representations about the above Penalty Charge Notice. I would inform that there a reply was sent by NSL (our contractors) on 12/10/2012, however this was returned as unserved mail, therefore the Notice progressed to the next stage.
We have considered everything you said in your representations but do not feel that you have made grounds for cancelling the Penalty Charge Notice or the Notice to Owner. This letter is issued as a formal Notice of Rejection of Representations.
I have noted the contents of your representations however, on 06/10/2012 at 14:48hrs vehicle registration number X702XXX was seen by Civil Enforcement Officer parked adjacent to a dropped footway in Sidney Avenue N13. Please see photographic evidence below.
Dropped footways enables pedestrians, particularly the disabled and people with prams, to safely cross the road. Your vehicle was parked across the dropped kerb which meant that pedestrians pushing prams or wheelchairs were unable to benefit from the kerb being lowered and forced to cross the road at a less safe place. There is no requirement for signage to denote a dropped footway, as the lowered kerb itself is sufficient.
We have found no reason to waive the above Notice. However, in view of the circumstances, we are prepared to accept £55.00 as full settlement of the Charge if payment is received within 14 days from the date of service of this letter.
THE BENEFIT OF THEDISCOUNT IS ONLY AVAILABLE IF PAYMENT IS RECEIVED WITHIN THE SPECIFIED TIMESCALE. This payment will close the Penalty Charge Notice and should not be made if you wish to continue with your appeal.
HOW TO PAY
1. By Telephone
Call 0845 805 5263 (24hr payment line) using one of the following debit or credit cards - MASTERCARD, VISA, SWITCH, DELTA giving details of Card Number, PCN number and amount.
2. On Line
3. By Post
A cheque or postal order payable to the London Borough of Enfield should be sent to NSL Ltd, P.O. Box 65732 First Floor, London N13 9BL. All cheques and postal orders must have the PCN number and vehicle registration number written on the back. Please send a stamped self-addressed envelope if you would like a receipt. Any other form of payment, including cash, will not be accepted. Post dated cheques will not be accepted.
4. In Person
Call at the Parking Shop, Crown Road Vehicle Park, Crown Road, Enfield, EN1 1TH (24hrs per day). If you pay by cash it is very important to get a receipt, in case there is any query about your payment.
PLEASE DO NOT MAKE PAYMENT IF YOU WANT TO CHALLENGE THIS PCN.
Alternatively, if you want to appeal further, please read the guidance notes attached to the appeal form enclosed with this letter, then complete the form and send it to the Parking & Traffic Appeals Service, P. O. Box 279, Chertsey KT16 6BU - please do not send the appeal form to us. The adjudicator will consider your appeal and make a final decision.
Should your appeal be rejected by the Parking & Traffic Appeals Service, the payment required will be the statutory rate of £110.00
Please note that an adjudicator cannot normally award costs against you but may do so if he considers that you have acted frivolously, vexatiously or wholly unreasonably. Equally, the adjudicator may award costs against an Authority that he considers has acted frivolously, vexatiously or wholly unreasonably.
If you do not pay or appeal before the end of the 28 day period beginning with the date of service of the Notice of Rejection, the penalty charge will increase by 50% to £165.00 and we may serve a Charge Certificate seeking payment of this increased amount. At that stage you may have missed the opportunity to appeal If the increased penalty charge is not then paid within a further 14 days of receipt, the Local Authority may apply to the County Court to recover the charge as if it were a debt payable under a County Court Order.
If you require further information, please telephone our help line on 020 8379 6410.
Signed on behalf of
Head of Parking Services
NSL LIMITED DISCLAIMER
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Registered office - 4th Floor, Westgate House, Westgate, London W5 1YY.
Registered in England and Wales Registered number - 06033060
Just to clarify, the PCN was issued by Enfield Council but I believe they outsource to NSL.
I then replied to them on the 17/12/2012 with the following email:
Thank you for finally replying to me in regards to the above PCN.
1 I did not make a formal representation, so I’m confused as to why you have sent this reply.
2 Again, I did not make any formal representation. How did NSL reply and why was it returned?
3 How could you have considered everything, when there was nothing to consider as no formal representation was made?
4 “Please see photographic evidence below.” Where is the photographic evidence? That is all I wanted in the first place.
Also I would like to add that I have tried to contact you on numerous occasions without success. I have contacted you ion the following dates:
Can someone please supply me with what I originally asked for in the letter dated 6th Oct 2012.
Since then Enfield Council has written to me (08/01/2013) basically sending me the evidence I originally requested and giving me the option to pay the fine at the reduced fee.
My question is: should I pay the fine or not? I seem to remember reading something on this website about a similar issue and that if the council take a request for further evidence as representation then they loose the case.
Sorry to drag it on so long and I thank you in advance for your time & help.