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FightBack Forums > Queries > Council Parking Tickets & Clamping and Decriminalised Notices
nils85
Hello. I'd appreciate some advice.
I was unaware that my resident parking permit had expired, I had not received any reminder letters that it was about to expire and received a PCN as soon as it did. Many residents in the area also had the same thing happened to them.

I received the PCN from Newham Council on the 12/09/14 (see attached)
I sent a letter to appeal on 15/09/14 as seeing online that if I failed I'd still have the chance to get the discount after getting a reply.
"If you sent your informal challenge within 14 days, you will be re-offered the discount amount for 14 days from the date of our letter. " http://www.newham.gov.uk/Pages/Services/Pa...-penalties.aspx
I sent the appeal letter using recorded delivery and have proof of delivery that they received it on 19/09/14.
Since then I received no reply and have now received a Notice to Owner dated 11/11/14 (attached) and appears that I have lost the chance for the discount without receiving any response.

Not sure what further action to take.
Thanks for any help.
Enceladus
What street? In general please don't redact any time, date or location info.
When did your residents' permit expire?

Please don't take these questions the wrong way.
Did you include your name & address on your appeal letter?
And the vehicle reg and PCN number?

Was your vehicle correctly registered with the DVLA to you at the address on the appeal letter?
Is that the same address as the NTO?
Are you the Registered Keeper?
Chaseman
Answer the questions posed by Enceladus but the point here is that you made an informal challenge within the 14 days and had no reply. Can you post up the letter you sent with just name and address and PCN number redacted? Assuming you gave the council all relevant detail to allow them to link the challenge to the PCN and gave the correct address for a reply, then given that you used registered mail I suggest you write to the council forthwith, making clear that you are NOT making a formal appeal but want an answer to the question as to why you received no reply to your informal challenge, made on XXX date and for which you have proof of delivery. See what answer you get but you may be able to get this cancelled on grounds of procedural impropriety.
hcandersen
The problem with this approach is that the OP has only a 28-day period in which to make reps against the NTO and an authority which hasn't replied to a challenge is capable of not replying to a follow-up letter which could leave the OP up the creek.

I suggest the OP answers the questions posed by E and then we can see what would be the best course of action.
nils85
Thanks for the replies. I'm writing here on behalf of my father who is the registered owner.
Car was parked on Monega Road E7. The resident permit expired on 11/09/14 PCN received on 12/09/14
All the things you mentioned were present on the letter (see attached the letter sent as informal appeal to cancel PCN).
Vehicle is registered to the correct address as the NTO.

I would be thankful if you could advise me what action I should take with the notice to owner (NTO)-i.e Should I make a representation by ticking the grounds which may apply. In my case

1. Procedural impropriety as no response or reply to my informal appeal was received by me since 19 Sept 2014 until receipt of NTO on the 11 Nov 2014.
2. The penalty charge exceeded the amount applicable in the circumstances of the case.-No reasons or reply received but has been unfairly asked to pay more (£130 instead of the initial £65) than I should be paying with the 14 days limit.

Should I send a payment of £65 by cheque with the NTO as this is the amount I would have paid had my informal appeal been rejected? I am concerned of the 50% penalty charge increase and a threat of charge certificate being served.
The NTO does say not to pay if you are making representations.

Thanks again
Enceladus
You (your father) has received a Notice To Owner. The recipient (ie. your father) has to either pay it or challenge it, within the specified time-frames, regardless of what happened before.
The NTO is for the full penalty. You can't settle it at the discount rate without written agreement from the council.
Since you have no such agreement you might as well fight this all the way to the independent adjudicator.

Do you still have the envelope the NTO arrived in? What date is on the franking mark?
Incandescent
All PCNs I have seen, say that if you challenge the PCN, (as you have done), but a Notice to Owner is issued but no response has been received to the informal challenge, the recipient of the NtO should respond to instructions on the NtO.

By not responding to your challenge they have committed a "procedural impropriety" and you should make representations on this basis. The discount period has expired and the only way you'll get it offered again is to appeal the NtO. So do not pay anything now! Wait until you get a response to your appeal to the NtO. You don't need to send it registered mail but obtain a free 'proof of posting' at the post office.

Their cock-up means you should eventually get this PCN cancelled but you might have to go to PATAS for it.
hcandersen
Not replying to your initial challenge is not a procedural impropriety as it is not required by the regs.

We have not seen the back of the PCN, but if this states the same as their website then IMO your grounds are as you set out i.e. the penalty exceeds etc..... in the circumstances of the case.

It is the last phrase which links the authority's policy of re-offering the discount, which again is not required by the regs, to the regs because these create the circumstances of your case.

It's virtually guaranteed that even if the authority reject your reps, they would re-offer the discount.

OP, I would simply put your case but without use of critical words like unfairly etc.

You parked without a valid permit. This is not in dispute. It is your responsibility to check that you display a valid permit, so don't start off at the authority as if it's theirs. But make the point that you thought you would receive, but do not get, a reminder to renew your permit, and even so you would have thought that for the sake of 1 day the authority might have shown some leniency by, for example, putting a warning note on your windscreen. You realise how important it is that the limited parking space in the road which has been allocated to permit holders is enforced, but given that you had a permit on display which showed that you had an entitlement to a permit, this penalty seems harsh. You would hope that the authority would look at this.
In any event, you made a challenge within the 14-day period which guaranteed that the penalty would remain at the discount until a response has been received, and as no such response was received you believe that the penalty in the NTO exceeds ...etc.
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