Northern Ireland Council PCN given to blue badge permit holder, registered keeper not the driver at the time

[éire]

Council issued a PCN to blue badge permit holder for alleged contravention whilst parked in the street permit area,

 

disabled user had an appointment in the vicinity and the blue badge permit was displayed,

carer assisted a family member to the appointment with the loan of keepers car as carers broke down.

 

Carer was a family "friend" and she did not inform the Registered keeper that she received a PCN.

Registered keeper was unable to challenge alleged contravention, and was unaware until a letter arrived at the registered keepers home months later! 

[Michael Browne]

What is the letter yo've received?

Notice to Owner?

Charge Certificate?

Order for RecoverY?

[éire]

Thanks for commenting Michael.

Registered keeper received a notice to owner and then a letter of threat of enforcement!

[Homer67]

Definitely a Council parking ticket and not a PPC invoice?

[Michael Browne]

47 minutes ago, éire said:

Thanks for commenting Michael.

Registered keeper received a notice to owner and then a letter of threat of enforcement!

Did the owner make representations to the NtO?

 

Who is ' letter of threat of enforcement!' from?

[éire]

Owner responded to parking enforcement processing unit (NI) stating that a carer was driving and received this pcn.

 

Threat of enforcement - clamping of car, or court proceedings! Still from parking enforcement processing unit.

[éire]

2 hours ago, Homer67 said:

Definitely a Council parking ticket and not a PPC invoice?

It's from parking enforcement processing unit in (NI) which is still part of the government/council.

Not sure what a PPC is?

[dx100uk]

is this northern Ireland?

 

dx

 

[éire]

@dx100uk yep it's Northern Ireland 

[Michael Browne]

Is the letter of threat of enforcement! headed Notice of Enforcement of Charge Certificate?

 

If so it will explain how to make a Statutory Declaration on the grounds that the person appealing sent a representation to DfI but did not receive a Notice of Rejection

 

[éire]

A letter received stated that a Notice of Enforcement of Charge Certificate had been sent to the owner, but it was never received. 

[Manxman in exile]

17 hours ago, Michael Browne said:

Is the letter of threat of enforcement! headed Notice of Enforcement of Charge Certificate?

If so it will explain how to make a Statutory Declaration on the grounds that the person appealing sent a representation to DfI but did not receive a Notice of Rejection

 

I may be mistaken but is it clear that @éire actually made representations at the appropriate time?

 

I read it that the first they knew about this was the arrival of the Notice of Enforcement.

 

I know that you asked them if they'd made representations, but I'm not certain that they answered "Yes" to that question.  (I took their answer that "Owner responded to parking enforcement processing unit (NI) stating that a carer was driving and received this pcn..." to mean that they'd queried the Notice, not that they'd made any representations earlier in the process.  I don't think they ever knew about the PCN the carer got.).

 

But I may have misunderstood...

[éire]

Yes the owner was only aware on the arrival of a notice of enforcement.

Owner tried to speak with a manager at parking enforcement processing unit but to no avail.

 

Owner rejected their claim for monies allegedly owed by the registered keeper, as a family member was able show the online images that the blue badge permit was on clearly display in the photos.

 

As the disabled user needed to attend an appointment in the immediate area and needed assistance. Disabled user was instructed by a government body that the blue badge permit allows parking anywhere as long as it's not causing an obstruction,

 

they parked in a street that no longer had through access for road users, pedestrians were able to use the street to get into the city centre (though parking was still available to permit holders, loading bays and on street parking etc as businesses were still open ) as the council put barriers up and work was ongoing at a huge store that had a fire.  

 

Owner is not willing to pay this alleged contravention, this carer is no longer in business. 

[Manxman in exile]

Sorry but I'm no expert on parking matters and I don't know if the process in NI is the same as in England.

 

I think that what @Michael Browne was saying in #10 is that if the registered keeper had submitted initial representations against the ticket, but never got a reply, then the RK could file a Statutory Declaration to reset the process.

 

But if I've understood correctly, I don't think that avenue is open to the RK as the RK didn't make any initial representations because they never knew about the ticket until now.   (Or at least I think that's what you are saying?)

 

I'm afraid I don't have the expert knowledge to help you.  In order to get the right people to  give you the correct advice I think it would be helpful if you could give an itemised timeline in chronological order.  Include details of what has happened; include dates and details of all correspondence received by the RK and who it was from; include details of all responses made by the RK.  Include everything that you know has happened.

 

What I don't quite understand is that it sounds like several notices to the RK must have gone astray for it to reach this stage.

 

Good luck - I'm sure others will chip in