diveboy
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I agree, the permit issue is a red-herring - as you say, I am registered to park so that I can stop in other areas of the borough. I think the argument will be down to what their operator told me and how I was then processed through the automated system. Unlike the case listed previously, I could clearly hear the message, and had it given the VRN of my own car (not the borrowed one), I wouldn't have accepted it!
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I don't know if I much of an argument regarding the permit for my car, however, I think there is a case to be made that I was advised by the operator that I was about to make a payment for the vehicle I had just registered. Westminster claim their system gave me a confirmation of the VRN, but I am not aware of such a confirmation.
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That is what WCC will probably argue. However, I made a payment in the way that I was led to believe was correct for the vehicle concerned. Is there not a case to say that it was the fault of WCC's system that I was led to pay for the wrong vehicle? BTW I didn't need to pay for my own car, as I have a permit for that Zone!
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Hi I would appreciate anyone's thoughts on this: I swapped cars with a friend for the morning and parked it on a Westminster Pay be Phone/SMS bay. As the vehicle wasn't registered I phoned their payment service and gave the details to an operator who said he had added the vehicle. He told me that he would put me through to the automated system which would take the payment for said car. I made the payment and thought nothing further about it. When I returned to the vehicle there was a PCN on it. After contacting Westminster they confirmed that payment had been made, and that the borrowed vehicle had been added as I stated. However the payment was made for my own car. After further investigation, they claimed that I selected the automated system for my own car and not the one I had borrowed (or registered that day). I asked them to review my conversation with the operator, but they have not done so as yet. I was wondering if anyone thinks that I have grounds for appeal? A couple of thoughts occur to me: If I can show that their system was at fault (very hard to prove)), or that the operator gave me the wrong advice (that I was making a payment for the borrowed car) then I would have a strong case for the PCN to be cancelled. Assuming that I did press the wrong button in the automated system, is there a reasonable case to make that: - I both registered the vehicle and made a payment - Given it was my clear intent (as shown by the conversation with the operator) to make a payment for that vehicle and money was taken by Westminster, there is nothing in the regulations to say that the PCN should stand Any help would be appreciated! thanks
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Islington PCN: grounds for appeal
diveboy replied to diveboy's topic in Private Land Parking Enforcement
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Islington PCN: grounds for appeal
diveboy replied to diveboy's topic in Private Land Parking Enforcement
Yes he did, but it was only on the basis that he should have been allowed to pay it at the discount stage, and not on the validity of the PCN. As I mentioned previously, I think he has a case to challenge the PCN and was wondering if it is possible to mount a new appeal. thanks, in advance, for any help! -
I had two PCNs last year on exactly the same grounds - they claimed to have handed the PCN to me and clearly did not. I paid the first one, but with the second one I made an appeal to PATAS. I presented a statement from my passenger. I asked to appear in person, and that I would also like the PA to appear so I could cross examine him. Unsurprisingly Westminster dropped the case the day before. Do not be concerned about threats regarding false statements. They would need to prove that you did. If you tell the truth then they can't ever prove it!
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Hi A friend of mine received a PCN from Islington last year. He sent an appeal letter by recorded delivery 10 days after receiving it. The post office say it was signed for 5 days later (1 day outside the 14 days), and Islington are claiming they signed for it 10 days later. As a result they issued an NTO and the PCN increased to the full amount. Is the discount period based on whether the letter was received within 14 days or sent within the period? Is it reasonable for someone to expect that a first class recorded delivery letter would be received within 4 days and therefore the appeal allowed if the letter is received later? I am also of the opinion that the contravention did not occur, as it was a yellow line and there were no signs showing the hours. He parked there on a Saturday afternoon. Islington have since put signs by the yellow lines, which suggests they knew they were unclear. Would this be reasonable grounds to make a Stat Dec (they have now issued a Charge Certificate) and take it to PATAS? Is it possible to make this appeal even though he appealed to PATAS for this PCN on different grounds previously? many thanks Mark
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Hi I wonder if anyone could help with this? I got a ticket from Wandsworth for a Code 27 ... parked adjacent to a dropped footway. The end of my vehicle was at the part where it had started to drop, but not actually on the flat part. As such it would not have presented an obstruction to prams or a wheelchair user. What counts as adjacent? Where does the dropped footway start ... at the flat part of the sloping part? Any information would be much appreciated. Mark
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