Is there anyway of get out of this pcn ticket

[Nige1]

Since writing the above I've noticed that was was sent the NtO whislt I was still waiting for photographic evidence of the offence as there was some dispute as to where I was parked. ( I parked in 2 different places during the course of the day with an hour's break in between; the second place was a prescribed parking bay). Surely there must be some proceedural error in them sending an NtO and expecting me to reply within a time limit when they haven't supplied me with requested information. As I said above the NtO was dated 20th October and the photos didn't arrive until after 4th December by which point my 28 days was up. Have I got a get out there?

[Bernie_the_Bolt]

Did you send them anything after the NTO but before the 28 days were up?

[Nige1]

Nope. The next communication I sent them was not until 16th February which was basically a 'please use your discretion in the matter of this technical infringement and cancel this PCN' type of thing. I thought I'd try appealing to their better nature. Obviously they don't have one.

 

Their reply to this was the" NOTICE OF REJECTION OF CHARGE CERTIFICATE " one mentioned in my post #23 above which also stated that no further correspondence would be entered into

Edited March 14, 2010 by Nige1
added sentence

[Bernie_the_Bolt]

OK, in their earlier correspondence did they give you any reason to beileve that they were going to respond to your (at that stage what would be regarded as) informal representations?

[Nige1]

I'd need to go and dig out the letter to be sure what was actually said, (which will be later in the week now as I have a heavy workload this week) but the fact is they did reply to all my requests for information albeit slowly. I had no reason to believe they wouldn't reply

[Bernie_the_Bolt]

The difficulty for you is that there is a strict timeframe imposed on motorists to respond and this is laid down in statute. While LAs do have a timescale there is flexibility afforded to them.

 

Unfortunately for you what you have done is to fall foul of this strict timeframe and so you now need something to fall back on to persuade them to use their discretion to cancel the Charge Cert and reset to the NTO stage but I see no reason why they should do this.

 

It may be that if you have been strung-along you can pay the Charge Cert of and go through the complaints process ultimately to the LGO alleging maladministration and asking the LGO to put it right with compensation equal to the amount of the penalty but this is a long shot and the LGO could likely say that you are trhe author of your own misfortune.

[Alitizi]

hi bernie- what is LGO? thanks

[Bernie_the_Bolt]

Local Government Ombudsman who rule on matters of local authority maladministration causing injustice. They do not have authority over penalty charges but they do have authority over some of the peripheral activities and behaviour.

[shoesonyourfeet]

Could anyone advise whether the information Originally Posted by TheBogsDollocks

re. the PCN being non compliant would also be applicable to a PCN issued in Scotland under the Road Traffic Act 1991 (As Amended)?

Thanks