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Notice of fixed penalty legal or not ?


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Hi had a overstay in a 1 hour car park whilst at the dentist, realised i was over my hour but was in the middle of dental work so couldnt really do alot about it. normally visits last about half an hour. anyway was parked in a 1 hour South somerset district council carpark. received a fixed penalty UNDER SECTION 35 of the road traffic regulations act 1984. Ticket reads something like this,,,

At 10.29 am on 31st august 2006

Parking attendent 012 Noticed that a penalty had been incurred as indicated below

options are

1 failing to display a ticket

2 overstaying expiry time of ticket (SHOULDNT IT HAVE BEEN THIS)

3 parking outside a marked bay

4 waiting longer than the permitted hours and returning to park in a car sooner then permitted. (THIS IS WAS CHECKED)

Then says i have to pay £60.00

The penalty will be reduced to forty pounds if i pay within three months of the notice being issued.

Or if i pay within seven working days it will be reduced to £30.

I thought I had a reasonable exscuse for overstaying. so decided to appeal I explained The fact I was at the dentists & not just off shopping forgetting the time, They got back to me quickly on the 6Th September saying that they wouldnt overrule the penalty, Saying the current amount due is £40.00.

Stricly going by the date of issue & the returned letter thats only 6 working days so the letter was asking for £10 more than was legally? Due.

There is only 1 date on the penalty notice is this Legal or not could I fight it, I Know i overstayed & they were only doing there job but I really couldnt move the car, I was gutted when they ignored my appeal. Thought it would be overuled, I really dont want to pay this penalty, can anyone suggest what I should do next.

Do they need 2 dates to make it legit ?

did they tick the right Box ?

They were asking me for £10 more than was required when they replied to my appeal.

I WANT TO TAKE THEM ON & READY TO FIGHT THEM ALL THE WAY !!

Business acc £1700 claimed.

 

data protection S.A.R - (Subject Access Request) sent June Statements Received

 

prelim letter sent 5/8/06...fob off letter received 10/8/06

letter before action sent 11/8/06..Fob off received 14/8/06

 

MCOL issued 18/08/06

 

---------------------------------------------------

 

Personal account claiming 1500

 

data protection S.A.R - (Subject Access Request) sent June Statements Received

 

prelim letter sent 22/07/06...fob off letter received 25/07/06

letter before action sent 08/8/06..Still waiting to hear 14 day deadline,,,

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Also Notice Most Get 14 Days To Pay The £30

I Had 7 Working Days.... Is There Some National Guideline On Deadlines Or Are They Allowed To Make There Own Deadlines.

Business acc £1700 claimed.

 

data protection S.A.R - (Subject Access Request) sent June Statements Received

 

prelim letter sent 5/8/06...fob off letter received 10/8/06

letter before action sent 11/8/06..Fob off received 14/8/06

 

MCOL issued 18/08/06

 

---------------------------------------------------

 

Personal account claiming 1500

 

data protection S.A.R - (Subject Access Request) sent June Statements Received

 

prelim letter sent 22/07/06...fob off letter received 25/07/06

letter before action sent 08/8/06..Still waiting to hear 14 day deadline,,,

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Share on other sites

forgot to mention I sent dental appointment card backing up my claim when i sent my appeal.

Business acc £1700 claimed.

 

data protection S.A.R - (Subject Access Request) sent June Statements Received

 

prelim letter sent 5/8/06...fob off letter received 10/8/06

letter before action sent 11/8/06..Fob off received 14/8/06

 

MCOL issued 18/08/06

 

---------------------------------------------------

 

Personal account claiming 1500

 

data protection S.A.R - (Subject Access Request) sent June Statements Received

 

prelim letter sent 22/07/06...fob off letter received 25/07/06

letter before action sent 08/8/06..Still waiting to hear 14 day deadline,,,

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