Parking Partnership North Essex and wrong photos of car.

[seanamarts]

I have a bit of a conundrum with regards to a missing PCN and NTO, plus their website showing the wrong car.

 

I will give you the run down, please be patient

 

I have a motability car and I have a designated driver to ferry me about when Im not well enough to drive it myself, They take the car home which they are allowed to do with in a few certain radius which is ok.

 

This particular driver lives in a permit zone, so he calls up Parking Partners and lets them know, they tell him that its fine to use his own permit and that they will inform the local Traffic enforcement team that this is permitted.

 

No problems, I am now able to drive myself so the car is back with me.

 

I get an NTO yesterday basically telling me that I now owe £50. Im a little confused at this as I wasnt aware and neither was the driver aware that a PCN was placed on the car, this was in the road where the driver lives and was issued at the time the driver had the car.

 

I can make representation with regards to this NTO on line via their website, so I did.

 

It shows photo of the car and where the contravention happened. When I looked at the photos, it wasnt my car, the reg was no where near what mine is and the car, although the same colour as mine is a totally different make, plus the car is parked in a different road, two roads down to where my car was parked. It showed the tax disc of this car, plus a CD on the dash and a photo showing that a PCN had been placed on the car.

 

There are about 7 photos and one is of the sign stating it is a permit area, but this was also in a different road to where my car is parked.

However the last photo is my car but taken at a distance where a permit can barely been seen in the front screen on the drivers side where it is meant to be. No PCN on the car showing at all.

 

The car was not parked there unlawfully.

 

I have made the representation, but Im not quite sure if they can make me pay the PCN at the £50 or if at all based on them showing the wrong photos.

 

Can anyone throw any light on this please. This parking company is council run and not a private firm, however they have been making many mistakes lately.

[dx100uk]

this is def a PENALTY CHARGE NOTICE..?

 

dx

[seanamarts]

Yes DX definitely

[Michael Browne]

What did you submit as representation?

[sgtbush]

what registration is on the notice, not the photographs?

is that reg your reg?

if so it sounds like there will have been an admin error and they have issued you the wrong photographs to the ticket.

 

they must have your reg somewhere as they would of got your details from DVLA and written to you

[seanamarts]

What did you submit as representation?

 

There has been a procedural impropriety on the part of the Enforcement Authority,

[seanamarts]

what registration is on the notice, not the photographs?

is that reg your reg?

if so it sounds like there will have been an admin error and they have issued you the wrong photographs to the ticket.

 

they must have your reg somewhere as they would of got your details from DVLA and written to you

 

Its not about the reg on the car, the car was parked there lawfully, it was displaying a permit that the parking partnership allowed. There is no photo of the permit being displayed, or in fact that a PCN was issued. Hence why I have a NTO because there wasnt a PCN on the car at any time. I fully believe my driver when he says that he never saw one on the car because he knew that I would of paid it there and then and then appealed it.

[sgtbush]

they will be able to update the pictures as an admin error using the slip rule i think its called.

 

like if a summons says John white and its spelt Jon or even if it says Whites , small errors can be corrected and does not make the ticket invalid,

 

what does the paperwork say on the car reg?

[Michael Browne]

One sentence???

[seanamarts]

they will be able to update the pictures as an admin error using the slip rule i think its called.

 

like if a summons says John white and its spelt Jon or even if it says Whites , small errors can be corrected and does not make the ticket invalid,

 

what does the paperwork say on the car reg?

 

What paperwork are you referring too

[sgtbush]

the notice to owner.. the NTO. surely it has the details of the car printed on it, with the date time and location?

[seanamarts]

One sentence???

 

No lol that is the reason why I made the representation

 

Basically car had a permit that they allowed and the Traffic warden disregarded it. It was explained in length to whys and wherefores

[seanamarts]

the notice to owner.. the NTO. surely it has the details of the car printed on it, with the date time and location?

 

Yes it does

[sgtbush]

and what reg is printed on the NTO?

your reg, or a reg that you dont recognise

[seanamarts]

and what reg is printed on the NTO?

your reg, or a reg that you dont recognise

My reg

[Michael Browne]

Basically car had a permit that they allowed and the Traffic warden disregarded it. It was explained in length to whys and wherefores

That's not a procedural impropriety, it's first and foremost that the contravention did not occur.

 

Anyway, wait until the Notice of Rejection and then, based on what they say, appeal to TPT.

[seanamarts]

That's not a procedural impropriety, it's first and foremost that the contravention did not occur.

 

Anyway, wait until the Notice of Rejection and then, based on what they say, appeal to TPT.

 

Thats my point, it didnt occur. The car had a permit, the Traffic warden disregarded that a permit was there. No photos show the permit clearly and there was no PCN showing on the car, hence why I have a NTO.

 

I have requested all the photos of my car now. Including the ones showing the PCN and the Permit.

[sgtbush]

so it sounds like they have just put the wrong pictures onto your NTO as proof, they will be able to correct that,

however that does not mean it was issued correctly, if the car had a permit on the car to park where it was parked, im going to assume the driver was NOT using your blue badge while you were not there,

and it was some sort of residence parking permit, displayed correctly, then appeal the ticket.

 

only 0.3% of tickets are ever appealed and of that amount 50% are upheld, according to watchdog figues

[Michael Browne]

taking ito account what you have said, my gut feeling is that the council will reject your representations to the NTO (basically in the hope you will pay up) and will then enter a DNC (do not contest) at TPT

[seanamarts]

They give you a choice for grounds for representation. I chose that one because it states after; Please explain why you believe that the enforcement authority or any person or body acting on its behalf failed to observe any requirements imposed on it by the Traffic Management Act 2004.

 

Would this be correct then if a valid permit was present and the Traffic warden failed to act in accordance with regulations.?

[seanamarts]

taking ito account what you have said, my gut feeling is that the council will reject your representations to the NTO (basically in the hope you will pay up) and will then enter a DNC (do not contest) at TPT

 

Why is that

[Michael Browne]

I suppose so, but a contravention did not occur would have been simpler.

 

Doesn't matter either way, I think you've got a good chance at adjudication even assuming the council contest. Although, of course, you are relying on your driver being truthful about the permit being present.

[seanamarts]

You can see in the window that the permit is there but the photo was taken to far away to see whats on it. Hence why I have asked to see the other photos.

If the council reject it I will go ahead and appeal this. But with out the photo's Im a little worried that they will reject it, but saying that this is also their proof that a permit wasnt present so they will have to produce them.

 

I will keep you updated. Im going to call them tomorrow as well to make sure that they have the email from their website. Something they also tend to muck up as well. Stating they dont receive them.

[Michael Browne]

Did they not send an automated receipt of your email?

 

I must admit I don't trust councils either in that respect and always submit representations by both email and post

[seanamarts]

Nope, but i took a screen shot and took down the response number they give when you send it. plus i down loaded the photo's.