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PCN Issued, what do you think?

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Hi everyone, my sister got the below ticket today from the council's private company, Parkwise.

 

Basically for staying too long at a bay, when I say long according to that 11 minutes longer then allowed.

 

What do you make of it below? There haven't specified the color of the car, I have removed the number plate for obvious reasons.

 

Do you think theres a way to twist there arm? Or do you think she will have to pay (but before doing so, try to waste as much of they time as possible by disputing it and asking for evidence ! lol)

 

all comments welcome

 

parkingticketz.jpg

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Assuming there's nothing more to this than meets the eye (eg the location is correct etc.), the only way to "twist their arm" is to appeal it, citing whatever mitigating circumstances apply. There must have been a reason why she was late - so you can appeal with a full explanation and hope they look favourably on it.

 

Asking for evidence won't get you anywhere. You might delay for a little while, but it won't help on the long run.

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She was late due to being stuck in work for that extra 10 minutes. What im thinking of it says on there site that if you pay within 14 days its 25 pounds, but if you appeal, then it goes into dispute and if the appeal is rejected then she will be given another 14 days from the rejection date to pay the discounted amount. I'll appeal explain the situation she was in, and ask for further evidence, then if its rejected, she can still pay the 25 instead of the 50.

 

I assume not specifing the color matters?

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Yes, you're correct. Lack of colour is immaterial, and if you appeal and it is refused, then you can expect to reserve the option of paying the discount - so nothing to lose. (She was of course held back at work for at least 11 minutes!)

 

If you can persuade them that she was delayed due to circumstances beyond her control, this will strengthen your appeal. Normally supporting evidence is a help, but I can't think what she could submit except maybe a brief note from the company on headed paper, confirming that she was kept back that day. Something like this and I think you've got a chance.

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Yh her boss did say he got one for the same reason and he appealed with work reasons and they went along the appeal.

 

So if she could get her boss to write a letter, or I write it on the business headed paper and get him to sign and send that in, that it was out of her control, maybe a chance there then !

 

Thanks Jamberson, any other comments welcome

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It is thoroughly disproportionate but that is the way with these things.

 

The only basis for an appeal will be to show that the bay was incorrectly marked. You will be amazed at how often this happens. In Camden, I would guess that far more than 50% of bays are invalid.

 

Go and photograph the bay, signs and end markings of the entire series bays and let us see them.


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At this stage, an informal rep can be made on mitigating circumstances and I would think that's more viable, unless there's reason to think they bay is faulty. Worth a check I suppose.

 

If you go with an appeal on mitigating (ie delayed at work) make sure you eonclose the work letter with a written appeal from yourself - don't send them seperately.

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thanks BankFobber, I will take pics of the place and upload them, I got 14 days anywhere to prepare something, and we can discuss which option would be stronger and then put it in.

 

THanks for the advice Jamberson, I will get my sister to speak to her boss tomorrow to see if he is willing to sign a letter is I write it or if he wants he can right it himself

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Well my sisters boss has said he's happy to sign the letter, so going to write it today, will post up for comments, and then email it to my sister so we can get this appeal sent off

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this is the letter ive wrote on her bosses behalf what do you think?

 

" 12 August 2009

To whom it may concern

I am taking this opportunity to write to you to confirm the circumstances of employment for Shakela Akhter and specifically the Penalty Charge Notice which was issued to Shakela Akhter on 10 August 2009.

According to the PCN issued, the vehicle in question contravened parking code 30 Parked for longer than permitted. Also the PCN shows that Shakela returned to her car 11 minutes after the permitted allocation for the vehicle.

Unfortunately , on 10 August Shakela was late returning to her car due to unforeseen circumstances extending beyond her control within her employment at Building Bridges. Under normal circumstances there would have not been any problem with Shakela returning to her car and moving it. Shakela has advised that she parked on Market Street, due to not being able to find any other suitable place to park and parked on Market Street with the view of moving the vehicle on time. Unfortunately this did not occur and was issued with a PCN.

I hope you take these circumstances into account when considering her appeal.

 

Yours Sincerely,

 

 

"

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and heres the letter of appeal:

 

" 12 August 2009

To whom it may concern,

RE: Penalty Issued on 10 August

I am writing to you to officially appeal against the PCN issued to my vehicle on 10 August 2009. The PCN reference number is PD52683979.

 

I parked on Market Street, Nelson on 10 August in order to arrive at work within Building Bridges on time. I was aware of the parking restriction on Market Street, and had every view of moving the car within the permitted time to a suitable area. I parked on Market Street due to not being able to find another place to park in the area.

 

Unfortunately, on 10 August I was held back at work which resulted in being later returning to my car, and finding the PCN on the vehicle. I have attached a letter from my current employer explaining the circumstances on the day and the reason why I was late.

 

This was unduly out of my control, and I had every intention of returning to the vehicle on time. I have parked on Market Street for many years and am fully aware of the restrictions in place.

 

I hope you take the time to consider my appeal and I look forward to hearing from you within 10 working days.

 

Yours Sincerely,"

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Hi.

 

It's perfectly OK, but I would focus on the main issue if poss. I've taken the liberty of writing it as I would phrase it, but your version is fine if you prefer. It states the basis of the appeal, which is the main thing. I would send something like:

 

"I parked on Market Street, Nelson on 10 August. It was my intention to move the car after finishing work that day, as I always do. However on 10 August I was unexpectedly held back at work, due to unforseen circumstances which were beyond my control. My manager required me to stay past the normal time, and although I moved the car as soon as I possibly could, I was unfortunately 11 minutes late back.

 

I have attached a letter from my employer confirming the circumstances on the day.

 

I hope you are able to take a lenient view in this case. I had every intention of returning to the vehicle on time. I have parked on Market Street for many years and am fully aware of the restrictions in place.

 

I hope you take the time to consider my appeal and I look forward to hearing from you.

 

--- There's no guarantee of course, but it's a reasonable case and hopefully they will cancel.

 

Keep us posted.

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thanks for the advice will make the appropraite changes and get them sent off tomorrow !

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OK, I thought the letter had already gone!

 

I would re-word as follows. Some of what you say may prejudice you later.

 

I parked on Market Street, Nelson on 10 August. It was my intention to move the car after finishing work that day, within the time limit, as I always do. However on 10 August I was unexpectedly held back at work, due to unforseen circumstances which were beyond my control. My manager required me to stay past the normal time, and although I moved the car as soon as I possibly could, I was unfortunately 11 minutes late back.

 

I have attached a letter from my employer confirming the circumstances on the day.

 

I hope you are able to consider this as appropriate mitigation and cancel the PCN at this stage. I look forward to hearing from you.


********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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OK, I thought the letter had already gone!

 

I would re-word as follows. Some of what you say may prejudice you later.

 

 

thanks !

 

no the letter is still up for review, so any welcome changes, welcomed !

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Well letters sent ! sisters boss was happy to sign and she sent it today, will update with reply

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got the reply, they havnt upheld the appeal, oh well sister got 14 days to pay the 25 quid

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Bunch of *****s. I really thought you'd win this one.

 

To be honest, unless you've found some legal issue with the PCN or the bay markings (unlikely but not impossible), your chances of having it quashed now are slimmer than before as you can't use mitigating circumstances at the next (formal) stage. Might be best to bite the bullet while the discount is still available.

 

Pity.

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yh shes paid them the 25 quid, atleast we tried

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