PCN from Dag & Rebridge council, code 62

[cyprusuk]

Hi All, in a nut shell, the council say we parked with 1 or more wheels accross a footpath with photo evidence proof, We have asked for this proof to dispute there charge, however they have upped the fine by 50% and failed to send our request but acknowledge that we have asked for proof !!

Questain; Can thay increase the fine while we wait for the proof, is there a time limit that they must provide the proof, if they cannot provide how do we stand regarding paying up ?

 

All help appriaciated,

 

Many thanks.

[nero12]

If you asked for proof that the contravention had occured and they subsequently ignore it and issue the NTO, then you appeal that a procedural impropriety has occured which denied you the right to make an informed judgement at the informal stage and that they did not fully consider your appeal persuant to section 87 of the TMA and the DFT guidance

 

Can we see the paperwork please minus the personal stuff.

 

You lose nothing now by asking for the opinion of the adjudicator

[cyprusuk]

Hi Nero, thanks for that, having a few issues trying to upload the scan of the PCN, can i ask; do we pay now and then appeal hoping to get the money back or do we hold out until we hear from them with the photo proof we have asked for. also at what stage can/do we appeal ie; now, or wait till the fine goes up ?

Cheers.

[nero12]

No you dont pay anything untill all avenues of appeal have been exhusted.

 

Im bit confuesd _ you say they have upped the penalty by 50% which one would assume you have recieved the Notice to Owner.

 

Im thinking you may just have a response letter stating that a further letter will be on its way.

 

Can you clarify what letter you have --and what the exact amount they are asking for

[cyprusuk]

Hi, hope that this is readable, look forward to your views mate.

 

Cheers.

burling pcn.pdf

[Jamberson]

Whatever happened to your first appeal we cannot say - maybe it was never delivered, maybe it didn't have your full reply address, maybe the reply was lost in the post, maybe you forgot to state the PCN number, maybe they typed your address wrong, etc etc.

 

If you can find out whether they received it, and whether they replied, and if so, whether it was to the correct name and address, that would help.

 

Assuming there is a reason why you got no reply and they didn't simply ignore it, then you have an NTO. You need to respond to it. You need to state in your response why you are challenging the PCN, why you think it is incorrect.

 

Of course if they did just ignore it for no reason, then there is the impropriety route. We need to know what happened.

[nero12]

HI mate this is indeed a Notice to owner , under no circumstances do you wait for the 'fine' to go up.

 

I have a hunch that there isnt any proof by way of photographic evidence in which case the CEO should have made some sort of diagram in his pocket book notes, I could well be wrong though.

 

What is certain is the fact that you appealed informally as per procedure -- they have aknowledged reciept of the appeal by sending a response.

 

In my view -- you have an appeal based on a procedural impropriety by the authority not sending any proof whatsoever of the contravention as the promised to do, in which case you have been denied the right to make an informed decision Hall Vs Brighton and Hove city council case number BH56043013 and Appeal Not considered (the case number I cant remember LOL) persuant to section 87 of the TMA and DFT guidlines.

[Jamberson]

I would like to see a clear list of what documents were sent each way before going for impropriety. I assume he's had a Charge Certificate as he mentions in post 1, a 50% increase - an NTO would be a 100% increase (if you see what I mean).

 

So at what stage and how did they acknowledge his request for evidence? And at what stage was it submitted to them? We need to know the trail on this one.

[cyprusuk]

hi all, 3 months+ and they have squashed the fine, thanks for all your input, long live the CAG !!!!

[honeybee13]

Great news, well done you and as you say, CAG.

 

My best, HB