Help - Search - Members - Calendar
Full Version: City Council PCN - Need help!
FightBack Forums > Queries > Council Parking Tickets & Clamping and Decriminalised Notices
gapple18
Hi all,

I need help regarding a PCN issued by Nottingham City Council. I was visiting my girlfriend on a Friday and Saturday and I had to park on a single yellow line as all the visitors parking spaces were taken. I tried to appeal on this grounds but the PCN was upheld so I decided to make the payment at a reduced rate of 35 GBP. Soon after, I received a letter from Nottingham City Council so I ignored it as I have already paid the fine.

However, recently, I received another letter saying that they have increased my fine by 50% to 105GBP. Upon closer inspection, the letter was in relation to a PCN issued on the Friday whereas the PCN i have paid was issued on a Saturday. However, there was only one parking ticket on my windscreen which was the one I paid. I suppose it was my fault that I did not read the letter that was sent to me in the first place but I presume this was an easy mistake to make?

Would I be able to argue that I would have paid the fine as soon as I was aware of it (as I did with the other PCN) at a reduced rate or should I cut my losses and just pay the 105 GBP to prevent going to court.

As this is the first time posting here, please let me know if there is any additional information that I need to provide. Sorry for the long post and thanks in advance for any advice.
Incandescent
YOU need to get in touch with the council to find out if there were two PCNs, and where issued. Sometimes councils issue two PCNs for the single contravention, one by CCTV, the other by a CEO. On the other hand, it could be anywhere. Never ignore letters from councils about parking. You should be able to get the details of the outstanding PCN from them.
gapple18
Thanks for the reply. I have already got in touch with the council and they confirmed that they were two separate PCNs, one of which is already paid for. I just wasn't aware that there was another PCN as I thought the letter they sent was in regards to the PCN that I have already paid so I discarded it. What I don't understand is why they only placed one PCN on my windscreen. I don't mind paying the reduced rate of 35 GBP but having to pay 105 GBP seems harsh.
gapple18
I have been told that some pictures will help hence please see below. Description of each item is as follows:

1. The PCN issued on the Saturday. http://i58.tinypic.com/ea5g6t.jpg
2. My email to the council to appeal against the Saturday PCN. http://i60.tinypic.com/dq0l6v.jpg
3. The response from the council which rejected my appeal including evidence. In light of this response, I decided to pay the fine. pg 1: http://i58.tinypic.com/358x8nm.jpg pg 2: http://i60.tinypic.com/209g5lu.jpg pg 3: http://i57.tinypic.com/fz2n1w.jpg
4. The Charge Certificate in relation to the PCN issued on the Friday. I received the NTO in regards to this PCN but I discarded it as I assumed that it was in relation to the Saturday PCN which I have already paid. http://i61.tinypic.com/j64hog.jpg
5 to 10. Evidence on the council website in regards to the Friday PCN. 5: http://i60.tinypic.com/23kdgn5.jpg 6: http://i59.tinypic.com/2vcdhl5.jpg 7: http://i62.tinypic.com/212g64o.jpg 8: http://i57.tinypic.com/ct6x0.jpg 9: http://i59.tinypic.com/29mxfdv.jpg 10: http://i60.tinypic.com/t02cti.jpg

Note that you can see the Friday PCN on number 9 and you can also see the Saturday PCN on number 3. I did not move my car throughout these two days (as you can probably tell from the position of my car in the pictures). Given that there was only one PCN on the windscreen on Saturday, this means that the Friday PCN was removed?

Hope this is enough information. Please let me know if any additional information is required. Any help will be appreciated.
Incandescent
YOU appeal on the basis that it was a single contravention, the car not moving over the two days the two PCNs were issued.You request the PCN be cancelled as you have already paid the other one. The overriding legal principle is that you cannot be punished twice for a single offence.
gapple18
So what are my next steps? Do I have to wait for the OFR and lodge a witness statement to claim that I did not receive the initial PCN? Do I then have to wait for the PCN to be reissued before I can appeal on the basis that I should not be punished twice for a single offence?
gapple18
Hi, can someone please help on my question above?
Mad Mick V
Your fall back position is that you did not get the PCN associated with the charge certificate so you have the opportunity to have this reissued via TEC procedures.

Second as Incandescent indicates, if the vehicle was not moved, this represents a a continuous contravention.

Usually only the first PCN is valid but you paid the second--so this may have to be finessed.

Happy to defer to members with greater TEC experience but I would write to the Council immediately to have both the outstanding PCN and charge certificate cancelled.

Include the timescales you have already posted, explain that you did not get the PCN dated??? and submit something along these lines:-

"An additional PCN was issued to my vehicle on ??? although the vehicle had not moved since the first PCN was issued. This is therefore a continuous contravention and the outstanding PCN (NO ???) should be classed as invalid and cancelled. The effect of this remaining PCN is that I am being penalised twice for the same alleged contravention. This is both unfair and against the European Convention on Human Rights which indicates you cannot be punished twice for the same "offence". Therefore the aggregate penalty charge exceeds the amount applicable in the circumstances of this case. This means the PCN dated ??? and its associated charge certificate are invalid and should be cancelled."

Mick
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.