Local Authority PCN

[SilverLining]

Wonder if anyone knows can you get out of a local authority PCN? I was hospital visiting daughter last week and parked on main road. It clearly stated on a sign that you could park (not pay and display - it was free) for a maximum of 2hrs.

 

Thing is I arrived at 13.15 and at 14.29 I got a PCN using code 30 (Parked for Longer than Permitted) but I wasn't!

 

How come the Parking Wardens get away with blatant lying? Is there anything I can do?

 

I rung up the same day and paid using Visa card and thought i'd chargeback later but to be honest i'd rather appeal officially instead of playing dirty games with the council.

 

Thing is, if it comes to an integrity thing with the warden we'd win hands down - we are both senior managers for the same council and graded at the same as the parking wardens managers, managers manager - so my word would stand in court far more than his but it's the principle and I don't want to use my weight because i work there.

 

I shouldn't have to and would rather send a letter and get it wiped.

 

The PCN itself is all legal except the reason because I didn't get there until quarter past one and I had 2hrs (15.15) and when I got to the car at 15.05 I found the ticket.

 

I'd appreciate any help as I don't know how long is left before my appeal time runs out.....

[crem]

I stand to be corrected, but my understanding is that by paying the PCN, that is an admission of guilt and any appeal of "the contravention did not occur" would not now be accepted.

[green_and_mean]

You should have asked to see the notes the CEO made at the time and contested the P C N, the time 'first seen' is usually be on the P C N also. Having said that if you have paid there is litttle you can do but if you think the CEO did lie rather than make a genuine error (they could have thought it was a 1hr bay) you could try emailing you colleagues at the Council and express your concerns.

Edited March 11, 2009 by green_and_mean

[lamma]

I stand to be corrected, but my understanding is that by paying the PCN, that is an admission of guilt and any appeal of "the contravention did not occur" would not now be accepted.

 

That is the council view - but they don't want to give back income from unjust enrichment. Check out "mistake of fact".

[green_and_mean]

That is the council view - but they don't want to give back income from unjust enrichment. Check out "mistake of fact".

 

Its not a point of view, its the law. The legal right to make formal representations and appeal to the adjudicator under the TMA 2004 is only in respect to PCNs that are unpaid.

[lamma]

G&M thats only part of the law as you well know. After that there is is still recourse.

[BubbleCat]

personally SL, I would use my position in the council. Thing is if it has happened to you, how many more unsuspecting and innocent motorists has this happened to, so this really does need to be taken up internally !!!

 

Bring those people who are being untruthful about these issues to shame.

[bribri]

Even if you can't appeal to get your money back - and in previous posts there has been talk of claiming restitution so it may be a possibility - is it not the case that the OP could still ask for the PAs notes, that way they would have an idea of what sort of case they had.

 

If I was advising, I would also like to see photos of the signage to confirm the OP read it correctly and whether it is disc parking to help eliminate any confusion.

[lamma]

refunds have been obtained - in some places amounting to millions of pounds. google it up.

[green_and_mean]

refunds have been obtained - in some places amounting to millions of pounds. google it up.

 

There is a big difference in repayment due to non compliant PCNs than to suddenly deciding after payment you have changed your mind and would like to appeal.

As regards to your previous post maybe you could enlighten me how you make a formal appeal without being issued a NTO or notice of rejection?

 

Have you been made redundant face dismissal or have a grievance, or maybe you got a pcn parking ticket or just need an ombudsman then these annoying hyperlinks are just what you need!!

[lamma]

as suggested earlier check out "mistake of fact". won't be easy as the council will try to block at every turn - as they do.

[SilverLining]

Its not a point of view, its the law. The legal right to make formal representations and appeal to the adjudicator under the TMA 2004 is only in respect to PCNs that are unpaid.

 

Ahhh well the law also has a protection in that it is "advisable to pay your PCN and appeal later otherwise you will be liable to the higher amount due, as appeals will unlikely be completed within the prescribed limits"

 

I guess that means as it reads, that you should pay then argue later. It is not an admission of anything but avoiding the risk of having to pay the higher amount and/or it escalating with added court costs etc....

 

I assumed there may be a law that would allow me to have a bigger appeal, but I know the basics. Bottom line thePCN only shows code 30 - overstayed visit or whatever - there is no mention anywhere about the times he checked.

 

Thanks for all replies so far - please do keep them coming....

[SilverLining]

Even if you can't appeal to get your money back - and in previous posts there has been talk of claiming restitution so it may be a possibility - is it not the case that the OP could still ask for the PAs notes, that way they would have an idea of what sort of case they had.

 

If I was advising, I would also like to see photos of the signage to confirm the OP read it correctly and whether it is disc parking to help eliminate any confusion.

 

Hi

 

Please don't take this the wrong way but I am quite educated and understand the meanings of signs!

 

However to clarify, the sign clearly stated

 

"Maximum Stay - No Return within 2 Hours"

 

That's it, no warning about parking fines or anything. I was within the white lines, had valid tax etc and was there less than the 2hrs, but regardless i'd be looking to obtain copies of whatever the parking attendant wrote and if needs be I would call him to court and use my more senior position within the same organisation to question his integrity. I actually manage an internal fraud department, i.e. I spy on staff so I think my integrity is sound lol

 

However, this is a last resort as no doubt it could have repurcussions.....

[green_and_mean]

Ahhh well the law also has a protection in that it is "advisable to pay your PCN and appeal later otherwise you will be liable to the higher amount due, as appeals will unlikely be completed within the prescribed limits"

 

What 'law' would that be??