Two pcn at same day

[lankagem]

I am living within crawley borough council West Sussex. I have received two pcn from council enforcement officer at same day within 5 hours for same offence for I didn't park in correct bay (I'm a resident permit holder) now I have paid for my two PCN . So can I get refund for second ticket?

Edited December 8, 2015 by lankagem

[honeybee13]

Hello and welcome to CAG. The forum guys should be along later with advice for you.

 

I've left you a link to follow from the Welcome forum.

 

My best, HB

[Michael Browne]

Assuming your car didn't move during the 5 hours then it would be a continuous contravention and councils are not allowed to issue more than 1 pcn for the same contravention within a 24 hr period.

 

Having paid both pcn's, council will deem that you admitted both and having paid all avenues of appealing are closed.

 

However you have nothing to lose by writing to the council and ask them to refund one as per :

 

DfT Operational Guidance to local authorities instructs in section 8.46

 

8.46 If two or more PCNs are issued within 24 hours for the same contravention,

that is, to a vehicle that has not been moved, it is current practice to cancel

the second PCN. It may be sensible to review both PCNs and cancel the one

with the least robust evidence. For instance, if the digital photograph for one

was taken in the daytime and the other at night, the one taken in the light may

well be clearer. If one PCN is at the higher rate and the other at the lower rate,

the lower rate PCN should normally be considered first for cancellation.

 

https://www.gov.uk/government/publications/...and-enforcement

[ericsbrother]

essentially you are being penalised for breaching a contractual term so you can only be in breach of it in the same way once. If the second PCN is for a different offence then it would stand.

[Jamberson]

It's not a contractual breach - its a contravention of a traffic order. The difference is that you don't have to enter into any form of agreement to be subject to the traffic order.

 

Also, there's no concept of admitting a PCN, so the fact that you have paid is not important in that respect.

 

Those technicalities aside, the advice above is correct. One PCN per contravention, and so you shouldn't have to pay twice. An explanatory letter requesting a refund of one (assuming the car didn't move meantime) will hopefully get you a refund. If not, post back here.