Thanks Nero! I appreciate it!

I would greatly appreciate some feedback from the members as I am about to submit the appeal to the adjudicator tomorrow to stay anyway within the 12th of March limit set in their letter. Does anybody know if it is correct to add the procedural impropriety in my appeal and if this can help invalidating the ticket? Thanks!

And this is page 2.

Finally managed to scan the document at work. Here is page 1. The letter is dated 26/02 and states that I have until 12/03 to appeal to the adjudicator.

Sorry my bad, the Notice of Rejection was sent on 26/02 (that's the date in their letter, I received it on the 28/02) in my following sentence I mistakenly put 16/02. So they are giving me from 26/02 to 12/03 which is 14 days to appeal to the adjudicator (in reality is even less because the letter was delivered 2 days later). In this case will it be correct to add procedural impropriety to the original motivation (which was that the alleged contravention did not occur) in my appeal to the adjudicator?

Hi everyone, I received a Penalty Charge Notice (PCN) from my local council on the 20th of December for allegedly overstaying in a parking bay. I challenged this PCN twice as I believe I did not overstay and was given an unfair ticket by an unscrupulous traffic warden. The council has refused both my appeals first with a Notice to Owner (NTO) on the 05th of February and then with a notice of rejection on the 26th of February. In the Notice of Rejection they state, in a not-so-subtle threatening tone , that I have until the 12th of March to make an appeal to the adjudicator or they will increase the charge by 50%. They are giving me only 14 days (from 16/02 to 12/03) for the appeal to the Adjudicator. Is this legal? Now, I believed the legal limits for appealing to the adjudicator was 28 days...Am I wrong or this can be considered a procedural impropriety and invalidate the penalty? I also asked the council, under the freedom of information act, for evidence of the alleged contravention in the form of pictures and logs of the warden for the day but my request has been ignored. Can they ignore such a request? How can I get the evidence they have or (as I believe is the case) having them admitting they have no real evidence of the alleged contravention? The council is obviously trying to make it hard to appeal by not giving out any information and by trying some scare tactics ....I would greatly appreciate your help and suggestions....

Update on the situation: I appealed on the ground that I did not overstay and that the parking ticket stated that the warden observed the vehicle for only 4 minutes....received today the answer from the council. The letter states: "The civil enforcement officer first observed your vehicle at 10:02 and noted the position of the valves on your wheels . The vehicle was then observed at 10:34 with the valves in the same position, confirming that the vehicle had not moved within that time. Therefore I am not willing to cancel this PCN." The reply letter also says: "please do not make a further challenge before a receipt of the Notice To Owner (NTO) as this will not be considered." Now the situation is the following: according to my timing I did not overstay the timing in the council reply (10:02-10:34) is in contrast with what the warden wrote in the PCN (only 4 minutes, from 10:30 to 10:34) The warden/council did not produce any evidence of pictures of my car in the bay or of "valves in the same position" I want to go ahead with my challenge, so what do I need to do now? :? I guess the fact that I need to wait for the NTO means that if I lose the challenge now I will have to pay for the full charge? Any suggestion will be greatly appreciated!

Thank you guys, just did the SORN online. It said that there is a gap between the tax and the sorn declaration and that this is an offence 8) , the enforcement department could contact me... let's see what happens...

Shall I change the address and wait for the V5 to come back before doing the online SORN? Otherwise any kind of comunication they will send me will be at the wrong address...

Hi flyingdoc, looks like you're my saviour in both my threads...thanks for the useful hint! I just checked the DVLA database and it reports "vehicle status: unlicensed"... what does that mean, that they have still not issued the SORN fine to my old address? I cannot tax the vehicle as I don't have a valid insurance/MOT now...

Hmm...I asked the guy for evidence/picture of my overstay and he just pointed out to his camera. When I asked to see the picture he refused. He then pointed out to his notebook but he closed it almost immediately without allowing me to see. My girfriend thinks she saw 10:02 as a time he logged us in but she is not sure. The guy looked a bit strange . As I said according to my timing I did not overstay - I think the guy was waiting there for the expiry to bag the ticket. Anyway, what do you guys think is the best course of action now? Is this time issue enought to invalidate the ticket or do I need to add also a request to see his notes in my letter and appeal stating that according to my timing I did not overstay?

Hmm.. flyingdoc I thought those were the times at the end of the ticket, just to show that he waited for 4 minutes after expiry before writing the ticket. In the ticket it is written "observed the vehicle identified above from 10:30 to 10:34...." maybe the guy got it wrong when he saw me and rushed to write the ticket ?

The times were from 10:30 to 10:34

Wow, it worked! here is the back:

Green and mean: -The vehicle was not parked overtime according to my timing (I parked at 10:02 and the guy was there standing and waiting at 10:30) -The guy declared to have seen the car there from 10:30 to 10:34 in the ticket (I erased date/timing from the image just to be extra careful, you never know nowadays with data) Now if you have a good suggestion/advice on how to redress what I think is an unfair ticket issued by a miserable traffic warden that would be greatly appreciated. Trying to post the front of the PCN now...

Hi Guys, I own a moped I was using to go to work. Last october I moved house and since then I have not been using it as there is no safe parking outside my house and it is more convenient to use the tube for me now. The other day I realised that my tax disc expired two month ago and I found out there is the need to do this SORN declaration even if I do not use my moped. I' ve been naive and just thought that if you don't use your vehicle outside your garage you don't need to insure it and pay tax and just take it off the road. So now (a bit late I know!) I realised I have to send the V5 for the change of address and declare SORN, but there are this 2 missing months of tax and my insurance expired 1 month ago. I called DVLA twice but they were not very helpful. What is the correct procedure now? Send the V5 for the change of address and declare SORN when I get it back? What happens if there are 2 months of gap between tax payment and SORN and 1 month of no insurance? Any help and suggestion would be greatly appreciated!

No worries Jed52, you actually expressed my feelings better than I have done myself...if I didn't feel I have been treated unfairly I would not spending all this time and effort to challenge this penalty. It's probably a silly question but I scanned the PCN in JPEG format, how do I post the picture now ?

According to my timing the guy was preparing the ticket before the time had expired and was waiting for the right time to print it. By standing around for few minutes discussing with him I gave him just this chance, the guy was just pretending to discuss to get those few minutes to pass. I have probably been naive but I consider this kind of behaviour obnoxious and unfair.

Thanks guys, I am pretty sure about the timing as I checked when I saw the guy writing. I am tight with money in this period and so pretty careful in trying to avoid parking tickets. I've probably been naive trying to discuss with the guy but leaving with the car while he was trying to finish writing seemed to me a bit of a farcical situation. I will scan the ticket tomorrow at work and post it here.

Hi Guys, I've been given an unfair ticket while parking in a "30 min stop and shop bay". I parked my car at 10:02 (checked the time on my phone) and when I came back at 10:30 saw a traffic warden writing a ticket. I tried to tell him I had not overstaid but he just kept writing the ticket and put in my windscreen . What makes me angry is that reading the ticket it says "the Civil Enforcement Officer XXX observed the vehicle identified above from 10:30 to 10:34...and believes a penalty charge is payable..." This ticket is particularly annoying for me not only because comes in bad moment financially speaking but because in reality I was back at 10:30 and while discussing the guy just waited until it became 10:34 before printing the ticket ..this is how the council helps us in the credit crunch... Can the traffic warden get away with something like that? What is the best way to appeal for such a ticket? Any help would be greatly appreciated!

I have had an offset mortgage with Cheltenham and Gloucester (C&G) at Bank of England rate + 0.8% for several years. I have recently taken out a home improvement loan at 7% fixed rate. The lady at the branch said there was no problem with having 2 different types of loan in a mortgage. I received the formal offer from C&G, signed and returned it, and received a letter which confirmed the loan was approved few days ago. Now I just received today a letter from C&G telling me that they checked my account and found out that I have 2 different types of loan in my mortgage which is not allowed and that they will cancel any offsetting on my main mortgage in 2 weeks time unless I switch the whole loan to one of their new products . Now, the offset rate on my first mortgage was an old offer and it is very advantageous with respect to any offers C&G has available now. I am baffled by the fact they can so easily disregard the contract I have with them and just change my whole mortgage selling me a worse and much more expensive product . What can I do? I also received a request for payment of the first installment of the loan the first day the money was credited in my account. Is this the correct procedure or should the installment be paid at the end of the month when the interest matures? Thanks for the help!

Hmm...does that mean I'll have to pursue the landlord abroad of that I can serve the notice to the landlord C/O the agents' address which is the address written in the tenancy agreement?

I know that the deposit was originally kept by the agents but unfortunately I don't know where is now as the agents are unhelpful...they told me in the beginning that the deposit would have been returned whithin a "reasonable" time (talk about obscure terms ) and then switched to "ignore calls and mails mode" . I don't have a direct contact with the landlord who lives abroad (but I know his address), all corrispondence during the tenancy was with the agents.

Just found this line in the tenancy agreement: "where the deposit is held by the Landlord's Agent then the Agent will act on the Landlord's instructions" what does that mean ?

Just ended 1 month ago my 12 months AST and my ex-landlord is ignoring my request for the return of the deposit (£1500!). I am quite tired of chasing him around and unfortunately, also short of money . I have decided to take him to court for both the deposit and for compensation for disrepairs occurred during the tenancy. My landlord lives abroad and the property was managed by agents, the address on the tenancy agreement was C/O the managing agents. All my corrispondence during the tenancy has been with the agents. Am I correct assuming that the correct address for serving the notice is C/O the managing agents address (for both compensation and deposit), even after the tenancy has expired? The deposit was paid to the agents and the tenancy agreement is silent about them being stakeholders or not. I was thinking to sue the landlord with the agents as co-defendants. Is this the correct procedure? Could the fact that the landlord is resident abroad be a problem? Help would be greatly appreciated ...thanks!