Parked after expired time **WON**

[homeopath]

Hi Consumer Forum people!

Would love advice on how to proceed with Penalty Charge Notice for parking 20 min after expired time in a London Borough. Reason for being delayed was seeing an unexpected patient in a voluntary clinic I run for vulnerable people. 2 were booked, 3 turned up. My energy and attention was completely focussed on taking the case of the person in front of me, not on what time my parking might expire.

Made informal challenge which was rejected on grounds that my overstay was not for an emergency, and that I should have known I needed more time at the outset. How? I'm a homeopath, not a clairvoyant. I feel I have a reasonable case for cancellation of the PCN on compassionate grounds, and that the only reason for my presence in the Borough carpark was to give my time and professional skills for free to a Borough-supported project.

I plan to take this to the formal representation stage after receipt of Notice to Owner (NtO). I believe I risk doubling the fine if unsuccessful at that stage.

Anyone have an opinion on whether I'm wasting my time/money? I feel very strongly about this, and will go to Court if necessary, if only to stand in a place of public record to say that I consider this sort of thing nothing less than state-sponsored extortion.

In frustration, yet with love and compassion

homeopath

[Jamberson]

Hi.

 

Firstly, forget this idea that you will go to court. You won't ever be taken to court over this - there's no need. The Council can enforce payment if you refuse without a court case.

 

In terms of the charge doubling, it will double automatically, 14 days after the rejection letter you received. The NtO will be sent AFTER that, and your next appeal will be after that too.

 

I think you have a good case, but only if you can back it up with paperwork which supports what you say. If you can, I would suggest fighting on. Yes, you will forfeit the chance to pay the discounted rate, but you have a good chance of winning and getting it cancelled.

 

If your next appeal fails you can ask for the case to be taken to adjudication, and here, if you have something to corroborate your appeal, is where I think you have a particularly strong argument.

 

Also, have you thought of writing to the local press or approaching your local councillor as well as appealing? These approaches can bear dividends in cases where there is a strong moral argument.

[homeopath]

Dear Jamberson

Many thanks for your encouraging and well-considered words. I do intend to make the formal representation, but rather fear the Borough may "have" me on a strict liability point, in that I was indeed parked beyond the ticketed time, no matter how unintentionally. I feel I have a strong moral case, however, and if such is allowed as mitigation, I should succeed in my appeal to have the PCN cancelled. I am supported by full corroboration of my situation that afternoon by the voluntary project director.

I shall post the outcome. Thank you once again for your advice.

with love and peaceful intentions

homeopath

[Jamberson]

OK. When you receive the NTO and then file your representation, you will be best advised to include copies (keep originals) of any supplemetary documents you have - whether a letter of corroboration from your employer, work timesheets, anything - send them all the evidence you have and a polite letter reitterating that this situation was unforseeable and beyond your control, and that you had no pre-meditated intention of overstaying (etc. etc.).

 

Make your moral case clearly - medical emergency has to take priority and anyone would have done the same - indeed it's more or less an obligation. I think you have a good chance.

 

You are correct about a strict interpretation - you did overstay, and I don't think that's in dispute. But neither should it be the sole basis of the Council's decision in this case - they should take account of the situation you were in.

 

If they do decline it, taking it to the next stage, which is arbitration, is a right you have, so long as you filed the rep and had it rejected. So you can definitely do this and it doesn't have to be approved or accepted in any way, and I would go for it if I were you (although hopefully you won't need to). It's free. Someone on here might be able to cite a similar case which was successful at arbitration.

 

Don't forget the additional option of dropping a letter to your local councillor or MP. They can often be prompted to phone or email the parking department to enquire why a PCN is being enforced, and they are taken seriously when they do!

[homeopath]

Hello Jamberson

Thanks once again for your kind advice. I shall nervously await the next communication from the Borough, and hope that my moral case is strong enough to avoid the (higher) fine.

I do not live in the Borough in question, and go there only to take the homeopathy clinic. I could write to a councillor in my own Borough, but feel they might not be especially interested in such a minor matter. Perhaps if my formal representation is rejected, I'll consider a letter to my MP, or find out who the Leader of Council is in the Borough I received the parking ticket.

Sincere thanks for your very detailed advice. I have little experience of this sort of appeal, so it has been most helpful and supportive.

with love and positive intention

homeopath

[homeopath]

Hello Consumer Forum & JambersonJust to say a huge "thank you" for your accurate and useful advice. I have just received a Notice of Acceptance of my Formal Representation, and the PCN has been cancelled. It took a while (especially with postal delays) and a steady nerve, but it was worth it. Not so much for the money, but for the sense of justice and relief.I have donated £25 in gratitude for the Forum's help, and will recommend the site to friends.with love and thanks homeopath

[sea-sidelady]

Congratulations.

 

I will change your title to WON!

 

Thank you for the donation. It is always a wonderful feeling when you win. So who is next on your list.....