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Advice Needed RE Appeal to Parking and Traffic Appeals Service
Hi all,
Can anyone tell me what to do about my parking appeal?
Early last year I went shopping with my son. I purchased a ticket and placed it on the dashboard. I locked the car after that and my son and I went. Then he remembered he left his PSP console on the front passenger seat visibly so he went to get it. When we came back from shopping a pcn was issued for the reason that the ticket was not displayed. It was found on the floor. It must have been blown off to the floor. I appealed on this ground. The council cancelled the PCN. On August last year I went to a library. I purchased a sticky ticket and stuck it on the window trying to avoid what had happened previously. On my return I was issued a PCN because the ticket fell off on to the floor. My appeal was rejected for the reason that previous PCN was issued with the same remarks. The council has sent the Parking and Traffic Appeal Services form. What I am not clear about is that I was the driver at the time but since my husband is the registered keeper, is it him who is going to the informal hearing should we choose personal hearing? Is it him who will be questioned and not me?
I feel that a personal hearing is better than post however is it worth fighting for this? Or is it worth paying up £100?
Re: Advice Needed RE Appeal to Parking and Traffic Appeals Service
Personal hearing every time without a shadow of a doubt.
You are correct about the fact that it will be your husband who will appeal.
What is the date of your NTO - how long do you have to get the appeal in. The reason I ask is that there are conflicting cases as between PATAS (London appeals) and NPAS (rest of country) on the "fluttering ticket" issue. They ajudicate on the same law but it is the nature of these things that there are some inconsistencies as each case is decided on its own merits and no case decided by the ajudicators set a precedent.
IMHO you should regard your chances of winning on this alone as no greater than 50/50. This does not mean that you should give up as you have nothing to lose and everything to gain by appealing.
What this forum may well be able to do is to significantly increase the chance of success. If you can scan all that you have (both sides of the whole lot) , expunge stuff like names, reference nos, personal identifiers etc and upload it to say imageshack with a link here, we can scour it for further grounds for appeal and I would say that the chances of there being some are high.
What you do need to do is to be entirely unashamed at using seemingly pedantic technical arguments in your appeal. It is important, believe me - as you get into this you will understand (I don't mean to sound patronising but it's late and at this time you would be better focused on posting the docs - oops there I go again! )
Re: Advice Needed RE Appeal to Parking and Traffic Appeals Service
Just one thing, there is no reason to be concerned at all about the PATAS hearing (by which I mean do not feel intimidated) it is very informal and relaxed. The only issue I have ever had is that the adjudicators go so far out of their way to be impartial that normal human pleasantries like smiling and eye contact go out of the window.
Some have issues with the "impartiality" when they are paid for by the councils but I have no experience of it personally and do not subscribe to that view - I can see why others have a problem though!
Re: Advice Needed RE Appeal to Parking and Traffic Appeals Service
Originally Posted by yugi65
Hello Bernie the Bolt
thank you for your immediate reply. I received the letter on the 19th Jan and appeal should be within 28 days.
How do I go about with this imageshack?
The one question I didn't want you to ask!!
I hope someone else will come along and answer in a nice and simple way (and I promise to keep a copy this time!)
Anyway - don't worry there's a stack of time to get your case together.
Just to correct my first post (cos if I don't someone else will) when I referred to NTO I should have said Notice of Rejection. Doesn't change anything else though.
Re: Advice Needed RE Appeal to Parking and Traffic Appeals Service
A point to remember is the adjudicator cannot rule on mitigation only on the facts before him, the contravention is 'not displaying a valid ticket' if it was not displayed in most circumstances all he can do is reject the appeal and 'suggest' that the Council do not pursue the pcn.
Re: Advice Needed RE Appeal to Parking and Traffic Appeals Service
Originally Posted by green_and_mean
A point to remember is the adjudicator cannot rule on mitigation only on the facts before him, the contravention is 'not displaying a valid ticket' if it was not displayed in most circumstances all he can do is reject the appeal and 'suggest' that the Council do not pursue the pcn.
Here there is the added issue that the LA, in considering the appeal, referred back to an earlier entirely unrelated case and IMV misdirected themselves.
Re: Advice Needed RE Appeal to Parking and Traffic Appeals Service
who will be questioned during the hearing? is it the driver or the registered keeper? My husband is pretty reluctant to face a personal hearing but I would definitely go. if i do, will i be given the opportunity to speak up?
Re: Advice Needed RE Appeal to Parking and Traffic Appeals Service
I think that you can contact PATAS and ask if you can attend and answer questions as your husbands representative. I do not know if you can do this and your husband not attend.
Can you post both sides of the NTO as well please?
Advice Needed RE Appeal to Parking and Traffic Appeals Service
was issued for the reason that the ticket was not displayed. It was found on the floor. It must have been blown off to the floor. I appealed on this ground. The council cancelled the PCN. On August last year I went to a library. I purchased a sticky ticket and stuck it on the window trying to avoid what had happened previously. On my return I was issued a PCN because the ticket fell off on to the floor. My appeal was rejected for the reason that previous PCN was issued with the same remarks. The council has sent the Parking and Traffic Appeal Services form. What I am not clear about is that I was the driver at the time but since my husband is the registered keeper, is it him who is going to the informal hearing should we choose personal hearing? Is it him who will be questioned and not me?
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Re: Advice Needed RE Appeal to Parking and Traffic Appeals Service
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Originally Posted by yugi65
