Pcn ticket appeal

[launik]

HI i need some advice regarding a parking ticket ,heres my situation:

Where i live you need a residents permit to park .I recieved a ticket on 08/05/2008 even though my permit was valid my car tax had expired and i was waiting for it to arrive in the post .I contacted the council (e-mail) and they said(e-mail) that because of this the ticket would be waived ,so i thought that was the end .So now 18 months on i get a court letter saying i now owe £105.00 (originally £25.00)for non payment ,i wrote back again and got a letter saying its not the councils fault that im waiting for my tax in the post and they said that they never recieved an e-mail from me ,and obviously after 18 months i didnt keep the e-mail to prove this.I have appealed but dont fill hopefull ,just what was i meant to do , you buy car tax online (got printed reciept) and because of post i get a ticket ,i understand you cant have an untaxed car on the road but this was not my fault ,Any advice would be appreciated Thank you ,also it seems a really long time to wait for an unpaid ticket surely my car would have been clamped after so long?

[My Real Name]

Can you post a scan of the front & back of the ticket and letters (removing any personally identifying details).

[green_and_mean]

You cannot get a PCN for no tax from the Council???

[launik]

Thanks for replys here is the ticket and letter the council sent me they also sent (about fifty pages of notes ) some saying wether i payed my council tax and was it up to date ?) cant see what that has to do with pcn ,and they also sent me papers of someone else appeal !! I have scanned the ticket and letetr for you to look at .Thank you

Edited September 25, 2009 by launik

[green_and_mean]

Thanks for replys here is the ticket and letter the council sent me they also sent (about fifty pages of notes ) some saying wether i payed my council tax and was it up to date ?) cant see what that has to do with pcn ,and they also sent me papers of someone else appeal !! I have scanned the ticket and letetr for you to look at .Thank you

[ATTACH]12777[/ATTACH]

 

[ATTACH]12778[/ATTACH]

 

Too small cannot read anything.

[launik]

everytime i scan the image is small

[launik]

How do i scan so image is bigger so you can see it

[Michael Browne]

Scan the document into your computer and open it in Paint or similar program. Edit out the personal information and identifying numbers etc.

 

Save itas a jpeg file

Open an a/c on Photobucket, (here: Image hosting, free photo sharing & video sharing at Photobucket ),or Tinypic here: (TinyPic - Free Image Hosting, Photo Sharing & Video Hosting )

 

Click the "upload image" box and browse to find the file of your scanned jpeg on your hard disk

 

It will then upload the image to Photobucket and it will show you thumbnails of the images you have uploaded. Under each image there are links that you can copy and paste.

 

Copy and paste the IMG Code link from Photobucket to the reply box on your thread here, which will look like this:

 

When you submit the reply, the text will change into the image you uploaded onto Photobucket.

 

See how to in section 1.16 (Attach Documents) here:

How Do I....? A Dummies Guide to the Forum

[launik]

Thanks for advice mate

[launik]

Thanks Michael ive spent hours trying to make scanned image bigger thanks so much for your advice

Edited September 25, 2009 by launik

[launik]

[launik]

[launik]

I also just noticed that the Pcn ticket has not been signed by the civil officer do you think there is ground there to win appeal (no signature)?

[green_and_mean]

How bizarre so basically they are saying you can only use a permit with valid tax.

[Bernie_the_Bolt]

Is the letter dated 24 September 2009 relating to you and your case? I'm assuming it is.

 

You didn't get a PCN for having an out of date tax disc. You got a PCN because the failure to have a valid tax disc invalidated your permit.

 

You need to check whether any such condition applies.

 

If they have sent you details of someone else's appeal they are in breach of the data protection act. I would now be writing to them and asking if they have sent details of your ticket appeal to that other party and adding "procedural impropriety" to your defence.

[green_and_mean]

I checked the permit application form and it states a valid road fund licence must be displayed, however this would have to be backed up by the traffic order.

[Bernie_the_Bolt]

I checked the permit application form and it states a valid road fund licence must be displayed, however this would have to be backed up by the traffic order.

 

Was this it?

 

I would of course argue that that is an expired and irrelevant condition. The Road Fund Licence (and it is capitalised as a defined term) being defunct and impossible to pay for.

 

What of course they should refer to is Vehicle Excise Duty but they don't and that is a procedural impropriety!

[green_and_mean]

Was this it?

 

I would of course argue that that is an expired and irrelevant condition. The Road Fund Licence (and it is capitalised as a defined term) being defunct and impossible to pay for.

 

What of course they should refer to is Vehicle Excise Duty but they don't and that is a procedural impropriety!

 

Yes thats it, the term Road Fund Licence made me wonder to but I guess if you didn't have RFL even if is because it doesn't exist the permits still invalid.

[Bernie_the_Bolt]

But they cannot compel you to have something that was abolished in 1955!

 

They may have had an argument had they not used capital letters but the use of capital letters implies a specific technical term rather than any vernacular which may be attributable.

 

Anyway, best check the traffic order as well!

[Bernie_the_Bolt]

As an aside, further down on the form in relation to visitors permits they state (my bold):

 

1. Permits are issued to the residents not visitors and, therefore, applications cannot be considered from visitors. It is the resident’s responsibility to ensure that visitor’s permits are used correctly, completed in ink without alterations.

. . .

5. On arrival, a visitor must, on the permit supplied to them complete the permit as per the instructions IN INK. Each line will indicate 5 hours parking; the completion of two lines will indicate all day parking.

 

Contradictory surely. Anyway, what about "Owner responsibility".

[launik]

Thanks for all your views. Do you think that over 18 months before they have wrote to me is too long.Does a ticket become void after such a long time ,and as i said before surely they would have clamped my car before now for non payment

[launik]

also what about no civil officers signature ,do you think that could make the ticket void?

[launik]

Plus i doesnt state anywhere on the road signs that if your tax is out of date your permit becomes invalid ,surely they should tell everyone this .But what really annoyed me was there letter saying they are not responsible for late mail deliveries !! I had left print-out of my car tax reciept on dashboard as proof of online purchase and they still ticketed me .

[green_and_mean]

Start again.....we now know why you got a PCN what we don't know is what has happened? You got the PCN ages ago and now you seem to be going to the adjudicator and the Council cancelled the charge certificate. Can you give a step by step explanation of what correspondance took place from getting the PCN until now.

[launik]

Ok i got a pcn ticket in may 2008 .This was for no car tax but my permit was valid.I e-mailed the council telling them i was just waiting for car tax in post and they e-mailed me back saying the ticket wouldnt stand, so i thought no more of it ,until now ,they have sent me a letter saying they are going to take me to court for the unpaid ticket,I have appealed but dont feel cconfident of winning.I just cant believe a council would wait 18 months before taking me to court .Im just angry with myself for not keeping there e-mail ,but who does keep e-mails over 18 months old!!