Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Default PCN for not clearly displaying permin

    Hello,

    Apologies in advance if this has been covered in an earlier post, but I am new here and have not had the time to go through all the threads.

    I received a pcnicon because my parking permit was not clearly displayed. I had placed it in the adhesive cover that the council gave me, but the heat of the last few days made it loose and the paper slipped slightly. You could still see half of it from the outside, i.e. the name of the council, the vehicle registration and the expiry date, but one would not see the permit number and the zone. I received a £120 fine for this.

    Can I challenge it somehow? On what grounds? Doesn't the PDA that the parking attendants have tell them whether a car is indeed permited to park there, when they insert the registration number?

    Many thanks for any responses.

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  2. #2
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    Default Re: PCN for not clearly displaying permin

    see
    "The Joint Report of the Parking Adjudicators for England and Wales 2006 National Parking Adjudication Service "


  3. #3
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    Default Re: PCN for not clearly displaying permin

    One more question. Where are the levels of the fines set? Isn't £120 pounds a bit too much? If the local authority insist that they cannot show discretion and drop the pcnicon, at least can I ask for it to be reduced as I will produce a valid parking permit (which cost me £99 in the first place)?


  4. #4
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    Default Re: PCN for not clearly displaying permin

    Quote Originally Posted by lamma View Post
    see
    "The Joint Report of the Parking Adjudicators for England and Wales 2006 National Parking Adjudication Service "
    Where can I find it? If you are familiar with it can you guide me which section/paragraph to read for?

    many thanks


  5. #5
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    Default Re: PCN for not clearly displaying permin


  6. #6
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    Default Re: PCN for not clearly displaying permin

    Lamma, what exactly am I looking for in the joint report?

    I am about to file an appeal for the ticket. Should I do it on the grounds that the adhesive cover that the council provided me was not fit for purpose? Or should I obtain an apologetic tone and ask for discretion on the grounds that I have a valid permit and became dislodged accidentally?

    My other point is that half of the permit was visible, including the vehicle reg no and the expiry date. Shouldn't the parking attendant have checked it? End of the day, don't they check with their PDAs to ensure that the permits are not fraudulent?

    Finally, I read in some other posts that the TMA2004/RTA1991 provides for discretion on behalf of the enforcing authorities and that if they don't show it they have to give a good reason why. Can you please point me to the relevant sections?

    Many thanks in advance for your help


  7. #7
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    Default Re: PCN for not clearly displaying permin

    that report carries comment and cases for non-stick sticky tickets/permits. much quotable stuff of use to you in there.


  8. #8
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    Default Re: PCN for not clearly displaying permin

    Quote Originally Posted by lamma View Post
    that report carries comment and cases for non-stick sticky tickets/permits. much quotable stuff of use to you in there.

    ......................... ................. (name and address of local authority)

    ......................... .................

    ......................... .................

    ......................... .................


    ......................... ................. (Date)

    pcnicon No: ......................... ..................

    Date of Issue: ......................... ........................

    Vehicle Registration Number: ......................... ...............



    Dear Sir / Madam,

    With regard to the above Penalty Charge Notice.

    Please find a copy of a valid permit/ pay and display ticket/ for the bay/area as described.

    It appears that I inadvertently miss placed the permit/forgot to place the
    permit on my dashboard/ it fell into the foot well of my car. The attendant could not see the pay
    and display ticket on my dash board (include pay and display ticket as apropriate)

    I believe that under the road traffic act 1991/tma 2004 provision has been made
    for ………………………….. (name of authority) to exercise discretion when a
    situation occurs as described above when a valid permit /Pay and display ticket
    has subsequently been produced.

    As I have indeed produced a valid permit, /pay and dispaly ticket/would you please consider doing so in this instance.


    If you claim that you are not able to exercise discretion then I would appreciate an explanation.

    Please treat this as my informal appeal with the relevant discount.

    I look forward to your response.

    I would be grateful if you could acknowledge receipt of this communication in accordance
    with your guidelines on responding to communications from members of the public.


    Yours sincerely,



    ………………………… your name.


    Send this with details of your permit

    delete as aplicable.

    post what happens


  9. #9
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    Default Re: PCN for not clearly displaying permin

    [QUOTE=nero12;1579842]
    Sorry, I fear that will fail.

    I would send as follows:

    Dear Sir / Madam,

    With regard to the above Penalty Charge Notice.

    Please find a copy of a valid permit/ pay and display ticket/ for the bay/area as described.

    When I left my vehicle the permit was correctly displayed using the adhesive holder supplied by you. It appears possible that for reasons beyond my control the permit holder cam unstuck, slipped and became partially obscured. I do not accept that this constitutes the contravention alleged

    I believe that under the road traffic act 1991/tma 2004 provision has been made
    for ………………………….. (name of authority) to consider exercising discretion when a
    situation occurs as described above particularly when a valid permit /Pay and display ticket
    has subsequently been produced.

    As I have indeed produced a valid permit, /pay and display ticket/would you please consider doing so in this instance.

    If you claim that you are not able to exercise discretion then I would appreciate an explanation and a copy of your discretion policy in these matters.

    Please treat this as my informal appeal with the relevant discount.

    I look forward to your response.

    I would be grateful if you could acknowledge receipt of this communication in accordance
    with your guidelines on responding to communications from members of the public.


    Yours sincerely,
    I think that, to be honest, this will also fail. Additional ammo will be needed at formal stage and by then the discount will have gone.


  10. #10
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    Default Re: PCN for not clearly displaying permin


  11. #11
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    Default Re: PCN for not clearly displaying permin

    Quote Originally Posted by lamma View Post
    found the stick , bookmark!!

    anways bernie mate this has worked a few times now but tweak and add to , it all helps



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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE