Help - Search - Members - Calendar
Full Version: Can I appeal this parking penalty?
FightBack Forums > Queries > Council Parking Tickets & Clamping and Decriminalised Notices
Rogymene
Hello,

I am a new member and I would appreciate some advice on an ongoing case with regards to a PCN issued by Bromley Council. Sometime in January I received a charge certificate dated 15/01/2014 and it stated:

''This charge certificate has now been served for one or more of the reasons listed below and as you have not paid the penalty charge within the appropriate period.

No representation were made in response to Penalty Charge Notice BY80853233
We issued a Notice of Rejection of Representations made against the PCN and we have not been informed of an appeal having been made to the adjudicator
We issued a Notice of Rejection of the Adjudicator's Recommendation
An appeal was made to an adjudicator which was either unsuccessful or withdrawn
A penalty charge Notice was sent to you on which stated that you had to pay the penalty charge or make representations as to why you did not have to pay it within 28 days begining with the date on which the notice was served to you.

The vehicle was V3O5EGH was observed parked in HIGH STREET, BROMLEY (South) at 18:52 hours on 11/11/2013
Contravention Code: 45J
As a result the penalty charge has now increased by a surcharge of 50%''

I was actually quite baffled on receiving the Charge Certificate and I could not recall having parked on a Taxi rank (I looked up the contravention code)at any point in time plus I had not received a PCN also.
I then wrote to the Council asking for details of the contravention, a copy of the PCN, when it was issued and posted, photographic evidence etc. I did not receive a response to my letter however I received an 'order for recovery of unpaid penalty charge (parking) dated 20/05/2014 sometime in May. On receiving this I filed a Witness Statement (Form TE9) and sent it off to the Court.

I got a letter back from the Court titled - 'Notification that a statutory declaration/witness statement has been filed -unpaid penalty charge' it was ordered that the order for recovery of unpaid penalty charge be revoked and the charge certificate and notice to owner/enforcement notice be cancelled.

Soon after that I got a PCN from Bromley Council dated 10/06/2014 it said:
'The PCN BY80853233 is being served by post on the basis of a record produced by an approved device. The vehicle V3O5EGH was observed on 11/11/2013 and the authority believes that a penalty charge is payable on the grounds of the following alleged parking contravention: stopped on a taxi rank in HIGH STREET, BROMLEY (South) at 18.52 hours
contravention Code: 45J
The penalty charge is £130'
It then went on to say a reduced charge of £65 is payable if paid within 21 days etc. Also an information sheet was included and it referred me online to www.bromley.gov.uk/parkingonline to view photographic evidence.

On receiving this I appealed against the penalty charge on the basis that there had been a procedural impropriety on the part of the enforcement authority - As a Penalty Charge Notice was not issued.

Roundabout 10th of this month I received a ''Notice of Rejection of Representations'' dated 07/07/14 and it said it had been decided not to cancel the PCN but to re-offer the 50% discount. It claimed the original PCN/Enforcement Notice was sent to the correct address as supplied by the DVLA on 27th November 2013, followed by the charge of £165 on January 15th. ''However, as you advised that the original PCN was not received by you, we have re-issued it'' A right to appeal against a parking penalty form was enclosed with this letter.

So my question is, is there a basis whereby I can appeal this parking penalty or should i just pay up?

Many thanks!

PS, i've not had much luck uploading the documents, as the upload button disappeared after uploading the first one.
The Rookie
Wrong forum, I've asked a mod' to move it to the council forum where the best people to respond will see it.

So would the keepers address at the time be right or wrong?
Rogymene

Many thanks for that, I realised it was the wrong forum after posting - still finding my way round the site newbie.gif
Yes the address was correct but I never got the PCN and I suspect it was never posted as the charge certificate dated 15/01/2014 stated ''A PCN was sent to you on (blank) which stated....''

clark_kent
QUOTE (Rogymene @ Sun, 20 Jul 2014 - 23:56) *
Soon after that I got a PCN from Bromley Council dated 10/06/2014 it said:
'The PCN BY80853233 is being served by post on the basis of a record produced by an approved device. The vehicle V3O5EGH was observed on 11/11/2013 and the authority believes that a penalty charge is payable on the grounds of the following alleged parking contravention: stopped on a taxi rank in HIGH STREET, BROMLEY (South) at 18.52 hours
contravention Code: 45J
The penalty charge is £130'
It then went on to say a reduced charge of £65 is payable if paid within 21 days etc. Also an information sheet was included and it referred me online to www.bromley.gov.uk/parkingonline to view photographic evidence.

On receiving this I appealed against the penalty charge on the basis that there had been a procedural impropriety on the part of the enforcement authority - As a Penalty Charge Notice was not issued.


If you appealled against the PCN you received on the grounds you hadn't been issued with one, where you really surprised you got your appeal rejected, if you had not been issued with one why would you be appealling???
DancingDad
We need details, like the PCN and all correspondence after the new PCN. Forget the CC, OFR and TEC reset. That is the system that allows resetting in cases like yours where notices go astray. And the original PCN going missing is not a reason to cancel.
Enceladus
Please post up scrubbed scans of the charge certificate. The PCN and the council's notice of rejection.

Scrubbed means to obscure or redact your name & address, vehicle reg and PCN number. Please leave everything else visible, in particular all dates, times, location and council info. Some judiciously placed bits of paper (Post-it notes are good) are ideal for obscuring if you can't be bother to electronically edit your scans with Microsoft Paint or whatever.

Create a free basic account on a 3rd party hosting site such as http://tinypic.com (there are others), log-in and upload your scans and then copy and paste the provided 'IMG' links into your posts on here. Et voilà you scans will be visible on the forum. Easy as falling off a bike once you have done the first one.

Have you viewed the video evidence? What does it show?
hcandersen
OP, get your terms correct and post docs NOT your re-types.
On the basis of your account,and please correct me if I a wrong:
1. Original PCN ....233 was served by post.
2. You did not receive the PCN.
3. You submitted a witness statement later in the process.
4. TEC ordered the authority to cancel the PCN.
5. The authority did not cancel the PCN but instead purportedly re-served the original but did not make this clear at the time, you only became aware after receipt of their NOR.
IMO, this should be sufficient to sink them. By order of TEC, PCN .........233 does not exist, so how can you make reps??
DancingDad
QUOTE (hcandersen @ Mon, 21 Jul 2014 - 12:20) *
OP, get your terms correct and post docs NOT your re-types.
On the basis of your account,and please correct me if I a wrong:
1. Original PCN ....233 was served by post.
2. You did not receive the PCN.
3. You submitted a witness statement later in the process.
4. TEC ordered the authority to cancel the PCN.
5. The authority did not cancel the PCN but instead purportedly re-served the original but did not make this clear at the time, you only became aware after receipt of their NOR.
IMO, this should be sufficient to sink them. By order of TEC, PCN .........233 does not exist, so how can you make reps??


Ooh...missed that bit. Nice spot

Add to your list of documents the letter from TEC.... if needs be, phone them up and ask for a copy. That should make it clear that TEC followed correct procedures (General Regs 2007 S23) and cancelled the original PCN.
And to be clear, it is not for the authority to cancel the PCN, it is an order of the court.
And while a council can serve a fresh postal PCN, they cannot re-issue the same one, that is dead and buried by the court order.
Rogymene

Thanks for your all your comments, will attempt to upload all documents ASAP
Neil B
QUOTE (Rogymene @ Mon, 21 Jul 2014 - 20:55) *
Thanks for your all your comments, will attempt to upload all documents ASAP

http://forums.pepipoo.com/index.php?showtopic=36858
Rogymene
Documents attached please click link to view. Thank guys!

https://drive.google.com/folderview?id=0BxE...amp;usp=sharing
DancingDad
You have taken out PCN numbers which may be critical.
Can you confirm that the number on the PCN dated June 14 is the same (exactly) as the PCN number on the TEC letter ??
Rogymene
QUOTE (DancingDad @ Tue, 22 Jul 2014 - 00:38) *
You have taken out PCN numbers which may be critical.
Can you confirm that the number on the PCN dated June 14 is the same (exactly) as the PCN number on the TEC letter ??


Yes number on PCN is the exact same one on the TEC letter
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2019 Invision Power Services, Inc.