Hello again peps
Father in law forgot to display his time clock with the correct time, its his first time and hopefully his last, but its not the first time for the monster in law who fell foul of the same reasons in 2011, as can be seen here http://forums.pepipoo.com/index.php?showtopic=58718 same place an all lol.
anyway tried to get the ticket cancelled at the earliest but it seems we've heard the spiel before about we cannot reverse a decision. anyway here are the correspondence up to now.
Dear Parking Services,
I am in receipt of a penalty charge notice TM, car registration CM,
I believe the contravention did not occur as i am a blue badge holder and as far as I was aware it was displayed.
Please could you provide me with full disclosure of all evidence relating to this PCN. This includes CEO notes, all photographs and the relevant Traffic Regulation Order for the location, including all amendments and schedules so i may make my informal representations. Copies in electronic format by email will be more then suitable.
thank you for you time.
Dear Mr Smith,
Re: Notice of rejection – Traffic Management Act 2004
PCN No : TM
Date Issued : 22/05/2013 12:11:46
Location of Contravention : GREENFIELD STREET, HYDE
I have received your challenge dated 22/05/2013 to the above Penalty Charge Notice and after careful considerations of the circumstances have found no grounds for the cancellation of the charge.
Although you were clearly displaying your disabled badge and disc (clock) your clock was set incorrectly. When parking on yellow lines or where there is a time limit for parking in the space (as shown on the local signs), the blue parking disc (clock) must also be displayed showing the time that you arrive.
Please refer to the Blue Badge Scheme booklet on page 10 which states:
“In England and Wales, when you park on yellow lines or another place where there is a time restriction, you need to display the blue parking disc to show your time of arrival. The disc should be sent to you together with your Blue Badge. If not, you can get a disc from the same authority which issued your badge.
If you need to use a parking disc-/clock, you must display the disc on the vehicle’s dashboard or facia panel, so that the time can be seen clearly through the front windscreen. If there is no dashboard or facia panel in your vehicle, you must still display it in place where it can be clearly read from outside of the vehicle. You do not need to display a parking disc/clock when visiting Scotland.”
It is the responsibility of the driver of the vehicle to make sure the disabled badge and disc (clock) are displayed in the correct manner. As the disc (clock) was set ahead of time the Penalty Charge Notice was correctly issued and remains valid and payable.
Please find attached the relevant traffic regulation order for the Disabled Bay.
You can still take advantage of the discounted charge of £35.00 if you pay within 14 days from 24/05/2013.
If payment is not received by 07/06/2013 a “Notice to Owner” will be sent to the owner / keeper of the vehicle as registered with the DVLA. At this stage the discounted fee will no longer apply and the Penalty Charge Notice escalate to full charge of £70. The Notice to Owner will not be sent to the driver. If you are the driver but not the owner, and you still wish to make formal representations, you are advised to contact the owner who can respond to the Notice accordingly.
If this Council rejects the representations to the “Notice to Owner”, a notice of rejection will be sent with details of the appeal procedure. You cannot appeal to the Independent Parking Adjudicator until the “Notice to Owner” has been issued and formal representations rejected.
Please note that the discounted charge will no longer be available after 14 days and the charge will return to the original £70 if payment is not received within the period.
Yours sincerely,
Sue Marlborough
Regulation, Enforcement and Technical Support Officer
Parking Services
TMBC
Wellington Road
Ashton under Lyne
Tameside
OL6 6DL
Tel: 0161 342 2005
Dear Mrs Marlborough
Thank you for your reply.
I have looked through the details you have provided, the pictures you supplied are barely visible and i am unable to make out the time on the timeclock, if the time was wrong it was put on in haste as i was collecting my wife from the chemist to get her medication, and was only a matter of minutes.
This is a first for me as i normally always display the correct time when parked in a disabled bay and was in a rush and must have forgotten, unfortunately its not a first for my wife mrs smith who did the same thing in January 2011, please see PCN TM and after much deliberation and quoting of the road traffic management act, found that her PCN was unlawful as there was no legal requirement to display a time clock, just a disabled badge, her PCN was withdrawn by the council and i have attached a copy of that letter to this email.
It was exactly the same offence in the same place of greenfield street.
Therefore i still state the contravention did not occur, as my disabled badge was displayed, and there is no legal requirement for me to display a time clock.
I can assure you this mere oversight of my clock being incorrect should not happen again, and thank you for pointing out the mistake.
I look forward to your response
Kindest Regards
Dear Mr Smith,
Re: Notice of rejection of “challenge” – Traffic Management Act 2004
PCN No: TM
Date Issued: 22/05/2013 12:11:46
Location of Contravention : GREENFIELD STREET, HYDE
I refer to your recent correspondence in conjunction with the above Penalty Charge Notice. I note this is the second challenge you have made prior to the Notice to Owner being sent out to yourself.
After careful consideration of the facts that you presented on your original letter, we were unable to waive the Penalty Charge Notice that had been issued.
Whilst your further comments have been noted, the restriction plate for this disabled bay clearly states that parking for disabled badge holders is limited to 3 hours therefore, a parking disc (clock) needs to be displayed at the time of arrival.
Please refer to the blue badge scheme booklet on page 10 which states:
The challenge you have made up to this point has been “informal” and only becomes “formal” when a Notice to Owner is sent to the owner of the vehicle with details of how to make a “formal” challenge.
The Notice to Owner is issued after 28days from the Issue date of the Penalty Charge Notice.
May I inform you that at the Notice to Owner stage the discounted fee will no longer be available and the original full charge of £70.00 will become payable.
Should you decide to take advantage of the discounted fee of £35.00 this will be available if paid before 08/06/2013.
Once a decision is made prior to the Notice to Owner we are unable to change the outcome. This would technically mean the first decision was incorrect which would be unfair. All our decisions are audited and must be consistent in lines with the legislation.
I trust you find this information useful
Please find attached to this email the relevant Traffic Regulation Order.
Yours sincerely
Sue Marlborough
Regulation, Enforcement and Technical Support Officer
Parking Services
TMBC
Wellington Road
Ashton under Lyne
Tameside
OL6 6DL
Tel: 0161 342 2005
Dear Mrs Marlborough
Thank you for your reply,
Please state where it says that parking authorities cannot reverse a decision at any time and cancel a ticket?? as far as i am aware parking authorities must take into consideration any formal and informal representations and can cancel a ticket at any time in the process before and after a notice to owner has been issued.
I will wait for the notice to owner and submit my formal representations for considerations, i was merely trying to resolve this matter at the earliest opportunity as to not waste my time and yours by submitting my facts now and not wait for tribunal.
If your next response is the same as the last and you would like to proceed with enforcing the ticket then I have no alternative but to seek reasonable costs for my time and materials used to fight this ticket now and at the tribunal.
I trust my information is sufficient enough to cancel the ticket at this moment in time, if you still think my informal representations are wrong and the council is right then please state on what grounds you disagree with my evidence. if you are unsure I suggest you contact your solicitors to clarify what the law states on such matters, like you did the last time.
I trust you will take this letter seriously and not reply with a generic response with a blue badge scheme booklet extract, which is not in the RTO, and is not traffic law, only a guideline, but reply with facts from the TRO that i have contravened a traffic law by not displaying a time clock.
I look forward to your reply on this matter and hope it will resolved at the earliest opportunity.
Kindest Regards
refer to your recent correspondence in conjunction with the above Penalty Charge Notice. I note this is the second challenge you have made prior to the Notice to Owner being sent out to yourself.
After careful consideration of the facts that you presented on your original letter, we were unable to waive the Penalty Charge Notice that had been issued.
There is a legal process that has to be adhered to the next progression of the case is to apply to the DVLA for the registered owner of the vehicle. Once this has been received, the Notice to Owner will then be sent to the owner of the vehicle who may then wish to appeal formally.
The challenge you have made up to this point has been “informal” and only becomes “formal” when a Notice to Owner is sent to the owner of the vehicle with details of how to make a “formal” challenge.
The Notice to Owner is issued after 28 days from the Issue date of the Penalty Charge Notice.
Once a decision is made prior to the Notice to Owner we are unable to change the outcome. This would technically mean the first decision was incorrect which would be unfair. All our decisions are audited and must be consistent in lines with the legislation.
I trust you find this information useful
Yours sincerely
Sue Marlborough
Regulation, Enforcement and Technical Support Officer
Parking Services
TMBC
Wellington Road
Ashton under Lyne
Tameside
OL6 6DL
Tel: 0161 342 2005
NTO