#parking : NOTICE TO OWNER *****WON*****

[cool4ny]

HI

 

On the 26/02/11 i parked my wife car without paying for parking ticket( my fault). I got a £100 pound ticket reduce to £50 if i pay withing 14days. Things are tight at moment for me but i managed to pay the £50 but i was three days late. The council is demanding i pay the remaning £50 ticket or make a representation.

 

I am angry with these people, i thougth they can be considerate since i was late by only three days.

 

What can i do? can i challenge it or i accept my faith and look for money to pay them.

[Jamberson]

Challenge it if you have a reason. If not (and it sounds like you accept the PCN was issued for a legitimate reason) than appeal the increase, and explain why payment was a little late. This can succeed - you will have to wait and see what they decide.

[nero12]

Agree with jamberson, if they dont accept the late payment and wont listen to any reason it maybe worth obtaining the traffic order(on street) or the parking places order (car park).

 

If the order is corrupt then they have no claim to any penalty whatsoever.

 

Ask for it in your appeal.

 

Can we see the PCN/notice to owner please front and back

[cool4ny]

Hi

thanks for your reply, am ok paying the initial penalty cause i was wrong but paying extra £50 for three days late is not fair.

 

what is traffic order?

If the order is corrupt? please explain. am not familiar with all traffic terms.

[nero12]

The traffic order is the document that contains all of the restriction rules pertaining for that area. It should have a section in there that allows for parking for a fee-- how much the fee will be and details of how long the parking should be and how it will take place. It then should explain that parking without showing a valid P & D ticket is a contravention .... some fail on these details.

 

The document itself should have been properly enabled persuant to the traffic orders procedures 1996, the council should provide this lot on request.

 

the request in your appeal would go along the lines of

 

Your appeal where you explain why the payment was late and would they consider accepting the £50 bla bla bla

 

 

That if you deny me the option of paying at the discounted rate could you kindly send me the following

 

 

1) The traffic order for the area concerned.

2) Documentation that confirms the restriction you alleged I contravened has been legally enabled by regulations 6 to 18 of the 1996 Traffic order procedures andevidence that a Notice of Proposal was published, that the statutory bodies such as the three emergency services were consulted, that those affected by living and working in the vicinity were notified, that the draft order was made available for public inspection and that a Notice of Making was also published.

3) The pocket book notes from the CEO concerned.

 

yours sincerely

 

...........

 

 

BTW we musnt forget the lines and signs persuant to the TSRGD 2002, they must be correct.

 

 

 

what your saying if you decide to appeal rather that payup would be OK ill payup only if you go to all this trouble.

 

Their alternative would be take the easy route and have your hard earned money and close the case.

[cool4ny]

thank you for your advice. I have sent them a representation. I will post their when and if i get it.

 

thank you

[cool4ny]

hi

got the reply, attached with the reply is the traffic order( i do not understand much of it). a copy of the parking ticket and appeal form. Pls advise

[Jamberson]

Go through the traffic order. Find the location where you parked and a description of the rules and regs. Does it describe what was there - ie car park, requirement to pay and display etc.

 

If this is too complex, I suggest you just pay it. I personally don't think it's worth asking for this or that document, unless you have a reason to think they are not in order. My advice was in post no. 2.

[nero12]

Agreed, look for where it explains about the contravention and penalty charges.

 

Perhaps even scan them into PDF form and post them up

 

Did they send any documnetaion regarding to Notice of proposal and that the statutary bodies were properely notified and that t the consultation was properly carried out.

 

can you post up the rejection letter please

[afcwben]

Agreed, look for where it explains about the contravention and penalty charges.

 

Perhaps even scan them into PDF form and post them up

 

Did they send any documnetaion regarding to Notice of proposal and that the statutary bodies were properely notified and that t the consultation was properly carried out.

 

can you post up the rejection letter please

 

Make sure all personal details are hidden first

[cool4ny]

They sent me only the notice of rejection, traffic management notice and how to appeal. No Notice of proposal. The traffic managemnt order is 17 pages, can't scan all of it. The last paragraph of the rejection letter stated:

 

" As requested i enclose a copy of the management order together with a copy of the issuing officers notes. The traffic management order refers to the other documentation you have requested"

 

In the management order the charges is £80 but reduced to £40 if paid within 14days but on the ticket it was £100 but reduced to £50 if paid within 14days( i ve paid the £50 but was three days over the 14days).

[nero12]

Ok if the charges are different on the TRO then I think it will be covered on a notice of variation , which I believe should have been raised and sent to you.

The other stuff that is covered under the traffic orders procedures should also have been sent.

 

Unless others can advise your appeal to the adjuicator will now be

 

1) The order shows a different ammount to the PCN and as a notice of variation has not been sent you can argue the penalty exceeds the amount (it maybe out of date)

2) There is not any paperwork included that shows the order has been properly enabled --- you now cannot make an informed decision weather to pay or waste more of your time appealing to the adjudicator as it appears the TRO may not be legal

 

BTW this would be for an off street car park and not on street.

 

Can you clarify as im not sure about N.O.V's on street.

[cool4ny]

WON WON WON WON WON

 

Thank you guys i won. The abdjucator ruled in my favour and the council was told to return the initial money i paid to them. Thank you guys for all your advice. nero12* thank you.

[honeybee13]

Great news. Well done for persisting and I'm sure you'll inspire other caggers.

 

My best, HB

[cerberusalert]

Thread title changed to reflect your win.

[nero12]

Nice one mate -- any chance we could have the case number for this -- it may help others in the same predicament.

 

(they should have taken the 50 quid , what a bunch of wallies LOL)