Letter of appeal to council.

[paulh_85]

Hi guys, bit of background behind my PCN before i ask for help.on 14th of January i got a ticket for parking in the park and ride in Aberdare. Parking here is free providing you have a valid train ticket that covers you for that day. A parking ticket can be issued....

 

im sure you are all aware how it works.let me first say that, on the date i received the PCN, i did not have a parking ticket on show in my car, although i did have a valid train ticket for that day, let me try to explain why.My train for work leaves at 6:22, with another one at 6:52, (i start at 8 and need either of these to work on time) I had purchased a weekly ticket on the 8th of January, and herein lies the issue.

 

 

When using the automated machines (they have one in the car park, and one at the station) it is not possible to get a weekly car parking ticket when purchasing a weekly train ticket (though you can get a 1 day parking pass) a weekly parking pass is obtainable through the station, which opens after both trains mentioned above have left, and closes before i get home.

 

 

My usual M.O is to buy a monthly ticket (which means i turn up for work late, but as its 1 day a month i am able to work around it) thus meaning my car is protected for the whole month.

 

Thanks to Christmas, this wasnt possible for the last few weeks, and my workflow meant i really had to be in. Anyway, i apologise for the longwinded post, what i want to know is, what are my chances of having the fine wavered through appeal given that i can provide evidence of having a train ticket at the time the fine as issued, would it be in my interest to mention the difficulty in accessing a parking ticket?

 

should i ask for an extension to the 14 day period of discount of the fine while my appeal is processed? any thoughts, opinions, or tips on what to say/how to say it in the letter would be fantastic.

 

The 14 day period ends of the 28th of the month so im looking to get it in the post on thursday.Many thanks in advance.

Edited January 22, 2014 by citizenB
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[paulh_85]

i did paragraph my post.... it appears to not have worked, apologies!

[Jamberson]

Is this a council PCN?

 

I think your appeal will rely on discretion. It sounds like you parked without a ticket, to the PCN is legit, but they might look sympathetically on your situation. It's hard to say.

 

You don't need to ask for the discout to be extended. It will be, automatically. I think all you can do is explain the situation and hope for a result. If they say no, then I think you're better off paying at that stage than letting it go up.

 

PS - the story is a little difficult to follow. Maybe just spell it out a bit clearer why you couldn't buy the parking ticket you needed? I get it, but it's not 100 percent obvious.

[ericsbrother]

who issued the PCN, council or railway co? All parking tickets are essentially breach of contract penalties so if it goes to the adjudicator there are reasons to argue that you werent in breach of the major parts of the contract and thus shouldnt be penalised. There are also existing appeals decisions to support that position so firstly write your appeal to the council stating the facts of purchased train ticket and impossibility of getting proof of that for parked car (send photocopy of train season). They may well accept that but it is no certainty. Then, if they dont tell them that you are going to the adjudicator to appeal their decision, they should have sent you a letter of rejection and a notice that outlines the time limits of an appeal and where to send it.

[Jamberson]

All parking tickets are essentially breach of contract penalties

 

Please don't tell people this - it isn't right. There is no such thing as a beach of contract penalty. The legal remedy for breach of contract is to sue for damages. PCNs are penalty charges like fines - there's no contract involved.

[citizenB]

i did paragraph my post.... it appears to not have worked, apologies!

 

Have sorted your first post out with paragraphs. It is indeed very frustrating when that happens.

[green_and_mean]

Please don't tell people this - it isn't right. There is no such thing as a beach of contract penalty. The legal remedy for breach of contract is to sue for damages. PCNs are penalty charges like fines - there's no contract involved.

 

It is frustrating when this wrong info is written it helps nobody! How can you possibly be in breach of contract for parking on yellow lines for example, its not even the person who parked thats liable its the owner.

[Jamberson]

It is frustrating when this wrong info is written it helps nobody! How can you possibly be in breach of contract for parking on yellow lines for example, its not even the person who parked thats liable its the owner.

 

Exactly. If you loan your car keys to someone, and they park the car in a p&d bay without buying a ticket, you have hardly entered into any contracts with the council. But you are going to be liable for the PCN.