Wrong PCN ??

[bym007]

Hi all,

 

On 05/02/10, I was issued a Penalty Charge Notice for £100 in Enfield London.

 

I was visiting the Enfield Registrar's Office to register my baby's birth (in Gentleman's Row, EN2), and looked for a free parking bay. Unfortunately after driving for about 15 minutes in the locality, I could not find a free spot. The pay and display bays in front of the office can accomodate about 4-5 cars, but because of the wrong parking, only had 3 cars at the moment. Basically wasting 2 cars' spaces in between them.

 

Forced by this, I parked my car on an adjacent Resident's Parking Bay (loads of free space everywhere) without a valid ticket.

 

Unfortunately, for me the traffic warden issued me a ticket with code 12r,

 

Parked in a residents or shared use parking place or zone without clearly displaying either a permit or voucher or pay and display ticket issued for that place.

The PCN strikes me as, clearly there was no space about, and I did make a genuine effort to search for a pay and display parking bay, there was only space for 4-5 cars in the area, and the rest were all resident permit bays (more than 10 spaces with only 1 car parked at that time).

 

I can pay £50 within 14 days and am also allowed appeal until 18/02 (14 days).

 

I am now looking to appeal against this PCN. How should I go about this ?

Edited February 12, 2010 by bym007
More Understandable

[dx100uk]

what can you appeal against?

 

The PCN strikes me as, clearly there was no space about, and I did make a genuine effort to search for a pay and display parking bay, there was only space for 4-5 cars in the area, and the rest were all resident permit bays (more than 10 spaces with only 1 car parked at that time).

 

is not an excuse.

 

dx

[bym007]

To rephrase my question again,

 

On what grounds can I appeal against it ?

[dx100uk]

not sure p'haps scan the ticket up but remove pers info first, there might be an error but i doubt it.

 

have a read of a few threads here might help.

 

 

dx

[shelbel1]

Hi There , I Recently Had A Ticket Null And Voided As I Took Loads Of Photos Of Cars Over Said Bay Lines, Also The Issuing Officer Did Not Sign His Ticket And Another Fact Was He Wrote My Car A Brown When It Is Clearly Red ..not Sure If You Took Any Photos Or Anything Like My Situation But You Need To Appeal The Ticket Befor You Pay The £50 Plus Also Send It Recorded/signed For And Keep Copies , At Least If You Lose You Will Gain A Little Extra Time To Pay

[dx100uk]

this is not an issue of cars being over lines.

 

dx

[lookinforinfo]

There are all sorts of reasons why you may be able to contest the PCN. Sadly , the real one-that the Council deliberately create less parking places than there are cars to fill the spaces is not one of them.

 

You would need to post up your PCN as dx100uk rightly said. Thereafter you may need to look at the current TROs for where you were parked. Are the regs. valid; is the signage correct, are the road markings correct.

[Jamberson]

Short of technicalities arising from an examination of the PCN, your grounds of appeal will be mitigating circumstances.

 

Write a letter, clear and polite, explaining the unfortunate circumstances and the need for you to attend that building, and your regret at having to take a resi bay for a short time, and you may get a discretionary cancellation.

 

In any case, do it within 28 days and they should hold the discounted rate open, if they reject your appeal.

 

Before that, if poss, post the PCN on here with identifying info blanked out.

[bym007]

I am attaching scanned copy of the PCN below for further advice. Thanks for looking.

 

 

[lookinforinfo]

You didn't post the back of the PCN and some times there are reasons on the back why the PCN may be invalid.

[bym007]

Here is the backside of the above PCN issued:

 

Hope you guys can find something to base my argument upon.

Many thanks once again!

 

[lookinforinfo]

I cannot find the case now, but I remember that Enfield has already lost a case

last year, i think, because the facility to make representations should be to the Council itself and not a third party.

Perhaps one of the more knowledgeable on the site will be able to confirm.

[bym007]

I cannot find the case now, but I remember that Enfield has already lost a case

last year, i think, because the facility to make representations should be to the Council itself and not a third party.

Perhaps one of the more knowledgeable on the site will be able to confirm.

 

I will get searching myself. In the meantime, if more knowledgable people can come forward, I will be glad!

[bym007]

I cannot find the case now

 

Did you mean this one ?

[lookinforinfo]

No it wasn't on this site, but I found it when "googling" something else. It did go to Patas and the ticket was found to be unenforceable.

You could either find the Act that governs parking and see what it states about

making representations, or try looking at enfield invalid pcns or something and see if the website is included.

Perhaps a visit to Pepipoo and ask there might give you an answer too.

[bym007]

There are some interesting (and colorful) readings I did today, including this one. Not sure (??) if anyone is helpful to me though!

 

Any one knows more than me ?

Edited February 12, 2010 by bym007