Help - Have to appeal notice to owner PCN - Not sure what to do?

[Anedar]

I have been issued a notice to owner form, ordering me to pay £220 for a parking ticket that I never received. They sent the original notice (4 years ago) to an address that I had already moved out of. I don't believe that the original ticket was ever given to me. I also doubt that I was in contravention of any parking laws. They are saying a that a part of my scooter was on a pavement.

 

Has anyone been through this before? Would appreciate any help as I need to get this appeal sent back by Friday at the latest. :???:

[dx100uk]

council or private?

 

dx

[Anedar]

Sorry, it's Hammersmith council.

[hessey50]

Where you lived is not the issue what is is when did you inform dvla of a change of address as the registered keeper?.

I am unsure why a notice to owner though these are sent 28 days after the contravention to the reg keepers address if no response then off it goes to Northampton. You could not possibly be expected to defend a 4 year old PCN at adjudication.

[Anedar]

There are more details. They contacted me in May saying that I would need to pay 400 quid. I sent a challenge to the court with documentation saying that a) I had never received the alleged ticket and b) proof that I had moved from the property they had sent reminder and subsequent bailiffs to. The court agreed but the authority still want me to pay for the ticket. My query is; which box on the notice to owner form should I tick as my defense?

 

a) The contravention did not occur

b) The parking attendant was not prevented from serving the penalty

 

Basically, I never was giving a ticket and I would never have parked my scooter on a pavement. I believe the contravention was made up.

 

Thanks again for your help!

[hessey50]

do you mean you said you never received the Notice To Owner, a statutory declaration, if this is a new notice to owner iy should give you the right to appeal to adjudication

[nero12]

There is a good chance that this paperwork is duff if the PCN/NTO was issued before 2008. Almost all of thjem fell foul of the Moses ruling.

 

Depending on what the wording is you may appeal that the paperwork is non complaint which creats a nullity as per Moses

 

You also may want them to send proof that the PCN was correctly issued depending on what legislation thay are using.

 

 

 

 

 

My main concern here is the charge of £220 . Can you explain what other paperwork you have

[Anedar]

I have be sent the notice to owner. That is all the paperwork that I have.

The amount they're asking for is £120.

 

The form has several boxes you can tick to explain your defense.

I'm confused as to which one is suitable for mine.

 

a) The contravention did not occur

b) The parking attendant was not prevented from serving the penalty

 

Basically, I never was giving a ticket and I would never have parked my scooter on a pavement. I believe the contravention was made up.

[nero12]

If this is a ghoster ,issued by dodgy CEO and the contravention did not occur there are ways of telling -- the NTO wont tell you how to do this .

 

when is this appeal due in mate -- and how are you sending it in. Post or email ???

[Anedar]

Hi Nero 12, I've got to get sent out tomorrow at the latest really, by post.

[Jamberson]

Reading between the lines, this has been through bailiffs and back, and there's been action by you in recent weeks. It will help if you can give a clear account of what has happened historically, and tell us the whole story. Nonetheless, the time factor should swing it for you.

 

Does the notice to owner have a box stating "there has been a procedural impropriety"? If so, tick that. Write your statement that it is unreasonable to issue an NTO on a PCN which is four years old, and that due to the unacceptable time delay you are unable to mount a defence against the PCN.

 

If they reject this, you can refer to adjudication on that basis, and should win.

[nero12]

Hammersmith are having a laugh with this, you cant possibly be expected to remember what happened in detail nearly 4 years after the event.

I think there was a tribunal on this --Davis v Kensington and Chelsea --reasonable period of time

I recon they wont have a true copy of this PCN nor the notes made by the parking attendant, which may win this persuant to Chase vs Westminster

[Jamberson]

Yep, agree. It's pretty widely accepted that a year or so is excessive. This should win on the time factor alone, and if it were me, I'd just concentrate on that in my representations.