PCN Time Limits Advice **CANCELLED**

[taylorit]

Hi

 

I need some advice I received a PCN on 86 on 14 August 2010,

Made an Informal challenge on 20 August 2010 which was rejected,

Notice to Owner Received on 21 October 2010

Formal Challenge made on 02 November 2010

Charge Notice Received on 21 November 2010

Formal Challenge Rejected on 16 December 2010

 

Can you tell me if the council is in the wrong and where I can go with this? I was parked in an area not operated by the council car park which is attached, but parked outside my partners flat.

 

I have requested from the council to supply me with a detailed map showing the location for which the Parking Place Order relates and they have ignored but did supply me with a copy with the PPO which does not specify the boundaries of the car park which is adjoined by private land on which I was parked, belongs to Sainsbury and the residents of the flats.

 

Also if the PCN number has the CEO badge number incorrect does this render the PCN invalid? ie Badge Number is AB0012 but shown on PCN as AB012 missing a leading 0.

[Jamberson]

Charge Notice Received on 21 November 2010

Formal Challenge Rejected on 16 December 2010

 

This is incorrect. The Council has fouled up. You could try applying for a tribunal hearing with PATAS alleging impropriety. They may resign the case rather than contest it at a hearing. Alternatively, you could write to the council and point out their mistake and ask them to cancel now - there's a chance they will. (Incidentally, the "Charge Notice" is in fact a Charge Certificate, right?)

 

I have requested from the council to supply me with a detailed map showing the location for which the Parking Place Order relates and they have ignored but did supply me with a copy with the PPO which does not specify the boundaries of the car park which is adjoined by private land on which I was parked, belongs to Sainsbury and the residents of the flats.

 

Also if the PCN number has the CEO badge number incorrect does this render the PCN invalid? ie Badge Number is AB0012 but shown on PCN as AB012 missing a leading 0.

 

No it does not, and to be honest, asking for documents in an appeal is pretty pointless. If you want them, ask for them in a seperate letter - it won't help your appeal to include a request there. If you have reasonable doubts about the car park boundary, this might be worth pursuing anyway, with a view to going to a tribunal with that as well.

[taylorit]

Thanks for the reply would it be covered under freedom of information for car park boundaries?

 

And yes it is a Charge Certificate.

 

Is anyone able to confirm the CEO Shoulder Number situation? The should number is missing a leading 0 on the PCN.

[Jamberson]

No, not covered by freedom of information. Just contact the council and ask. They should be happy to supply you with a copy.

 

CEO shoulder number is not an issue. It's just there for clarification - it doesn't have to be complete or correct.

[taylorit]

Documents uploaded to http://www.mattuk.net/pcn/gc2

 

PCN, NOR, NTO, Charge Certificate x 2, Informal Rejection Response.

 

Have just realised that the Charge Certifice has been issued TWICE ones dated thee 18th November the other 19th November and Notice of Rejection arrived today dated 15th December.

 

Thanks in advance.

[f.in.debt]

The next step for the council will be northhampton county court, And you will be able to make you representation there, if your right you will win!

 

I have been through this, not the same - the council would not acknoledge my appeals, so at court won by default. But good look

[f.in.debt]

Just to add

 

If the coucil did not follow procedure, you will win.

 

ie not there zone, not the right picture, they lost the cat

[Jamberson]

For clarification, with reference to the above two posts:

 

The next step would normally be for the Council to register the debt with Northampton County Court, but as the Council has just issued you with a Notice of Rejection, you can take the case to adjudication instead. That's your call. It will stop the case progressing if you do. (You can't make representations via Northampton County Court, and nor do you need to.)

 

If the council did not follow procedure, you will not necessarily win, but it will be a line of argument you can pursue. It depends how the adjudicator sees it, whether it is deemed relevant to the case.

 

If the picture is not right (I guess that means if the CEO photographs do not prove the case), then this is largely immaterial.

[green_and_mean]

The next step for the council will be northhampton county court, And you will be able to make you representation there, if your right you will win!

 

I have been through this, not the same - the council would not acknoledge my appeals, so at court won by default. But good look

 

 

You CANNOT appeal a PCN at County Court, you cannot win by default, stop giving stupid advice!!

[f.in.debt]

So you either wait for the council to apply to the court, in my case they did write to me and ask for my side! then after you can go to the TPT

 

Or you go to the TPT, would proberly not give an increase in penalty if you are not sucessful, but may be the last chance, but not sure on this! As mine was canceled here.

 

Or take GnM advise and send the money in a chritmas card.

[Jamberson]

So you either wait for the council to apply to the court, in my case they did write to me and ask for my side! then after you can go to the TPT

 

Or you go to the TPT, would proberly not give an increase in penalty if you are not sucessful, but may be the last chance, but not sure on this! As mine was canceled here.

 

Or take GnM advise and send the money in a chritmas card.

 

Look, you don't know how the system works, G&M does. You came here for advice because you don't understand how to deal with your own PCNs. Stop giving bogus advice out.

[honeybee13]

Taylorit, obviously it's up to you whose advice you take. I won't insult you by telling you how to check someone's history on CAG [but post again if you don't happen to know], but having hung around the forum learning for a little while, I'd rather take the advice of someone who's consistently advised on parking than a cagger who's been on the forum for 10 minutes with their own [as yet unresolved] query.

 

HB

[green_and_mean]

You should ring the Council and request the current staus of the case it should be on hold awaiting reps to the notice of rejection to TPT, if its at charge certificate stage ask why as you have only just had the NOR. Conplete the TPT forms and state 'no contravention took place' as you were not in the car park and include evidence to this fact. In addition state 'impropriety' as you got the CC whilst awaiting a NOR.

[taylorit]

I have had this PCN cancelled at TPT stage and also another 5 PCNs issued by GCC cancelled to....

 

GCC do not like me

 

Thanks for your help team.

[Surfer01]

Well done!