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Notice to owner received but no PCN


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Hi all.On Jan 17th I parked my car in a council run car park (North Wilts District Council). I was a bit late returning to my car so I was relieved to see I hadn't got a ticket. However a month later I got a notice to owner stating as I had failed to pay in 28 days I now had to pay £60 instead of £30.I wrote to the council explaining the reason I hadnt paid was because I was unaware I had a ticket as there was no PCN on my car when I returned to it. They wrote back saying my appeal had been rejected and included copies of photos of a PCN on my windscreen and said I must pay £60.I decided to appeal and sent my form off to the adjudicator which they confirmed receipt of on 21st March. (I had till 22nd to appeal)On 26th March NWDC sent out a charge certificate stating as I had failed to either pay or make representation I must now pay £90 within 14 days (even though the appeal can't be heard til 18 April) or face court & bailiffs plus costs for same.The adjudicator confirmed they sent notification to the council on 21 March and recommended I contact the council and request they cancelled the charge certificate. I phoned them yesterday but instead of an apology and courtesy I just got a load of excuses attempting to justify why they had to issue the charge certificate. I was annoyed and hung up and then wrote a letter telling them I wanted it cancelled instead. I have also requested a copy of the PCN because although I originally told them I hadn't received it they never sent me a copy. - just a photo of one on my windscreen.Do you think i have any chance with my appeal? The problem is I can't provide any evidence to back my claim. I didn't have any passengers that day and as I was unaware of a case to answer at the time I couldn't ask passers by to witness the PCN s absence or take photos of my own!!! The car park has cctv but when I phoned the operators they said they only had video saved for 2 weeks.

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The council have jumped the gun with the charge certificate and this will annoy the adjudicator as is shows contempt for the appeal/adjudication process.

 

I would also suggest that the charge certificate (if not the NtO) is probably unlawfully worded - most are. Scan and post and we can advise. Most tend to demand money with X days from date of notice, but the law states from date of service -so they are unlawfully curtailing/altering the period available for payment.

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Hi, thanks,I can't scan and post Im afraid as I work away from home and just have my lap top. I don't have the notice to owner with me but I can tell you the charge certificate reads: Date : 26 March 2007 Please ask for : Parking Team Your Ref XXXXXXXXXXXXXXXXXXXX CHARGE CERTIFICATE Re: Charge Certificate - Road Traffic Act 1991 PCN No XXXXXXXXXXXXXXXXXXXX Date of Contravention : 17 January 2007 Vehicle Registration No : XXXXXXX As the owner/ keeper/ hirer of the vehicle at the time of the above contravention you are responsible for the payment of the Penalty Charge Notice. A notice to owner was sent to you which gave you 28 days from service to pay this PENALTY CHARGE or make representations to the council. In accordance with schedule 6 of the Road Traffic Act 1991, I am issuing this Charge Certificate, which increases the original charge by 50%.The Penalty charge has not been paid The Penalty charge is £60.00 Charge Certificate £90.00 (50% increase) To date you have paid £0.00 Balance Outstanding £90.00 Failure to pay the full balance outstanding within 14 days of this notice will result in the council registering the outstanding balance as a debt at the County Court. A Warrant may then be issued to Bailiffs to recover the payment. You will also become liable for the additional fees of the County Court and Bailiff. Any representations, against the issue of the penalty, will not now be accepted by the Council under any circumstances.

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Hi, thanks,I can't scan and post Im afraid as I work away from home and just have my lap top. I don't have the notice to owner with me but I can tell you the charge certificate reads: Date : 26 March 2007 Please ask for : Parking Team Your Ref XXXXXXXXXXXXXXXXXXXX CHARGE CERTIFICATE Re: Charge Certificate - Road Traffic Act 1991 PCN No XXXXXXXXXXXXXXXXXXXX Date of Contravention : 17 January 2007 Vehicle Registration No : XXXXXXX As the owner/ keeper/ hirer of the vehicle at the time of the above contravention you are responsible for the payment of the Penalty Charge Notice. A notice to owner was sent to you which gave you 28 days from service to pay this PENALTY CHARGE or make representations to the council. In accordance with schedule 6 of the Road Traffic Act 1991, I am issuing this Charge Certificate, which increases the original charge by 50%.The Penalty charge has not been paid The Penalty charge is £60.00 Charge Certificate £90.00 (50% increase) To date you have paid £0.00 Balance Outstanding £90.00 Failure to pay the full balance outstanding within 14 days of this notice will result in the council registering the outstanding balance as a debt at the County Court. A Warrant may then be issued to Bailiffs to recover the payment. You will also become liable for the additional fees of the County Court and Bailiff. Any representations, against the issue of the penalty, will not now be accepted by the Council under any circumstances.

It should be within 14 days of service if this notice.

 

The Charge certificate is void and ths should be brought to the notice of the adjudicator.

 

If you have submitted a formal appeal to be heard by the Parking Adjudicator within the time limits set from service of the Notice to Owner, the Council should not have issued the charge certificate - they have abused the process.

 

The lack of a PCN will not be grounds for appeal as the council can provide evidence that it was issued and affixed to the vehicle. You need to check the lines and signage to ensure that they are valid in entirety.

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Hi, Thanks PatDavies. I still don't have a copy of the PCN yet but I now have the NTO. Still can't scan though. NTO IS AS FOLLOWS...........................PCN No:NW500XXXXX Road Traffic Act 1991 - Section 66 Schedule 6 NOTICE TO OWNER : Mr Jennifer Bxxxxxxxx Date of Issue 19 February 2007 This Notice to Owner has been sent to you, as the registered owner/keeper or hirer of the vehicle, because a Penalty Charge Notice was issued to the vehicle (as shown below) To date full payment has not been received. Details of the Penalty Charge are as follows: Penalty Charge Notice Number: NWXXXXXXXX Vehicle Registration Mark: XXXXXXX Parking Contravention: Parked after the expiry of time paid for in a pay and display car park. Location of Contravention: Borough Parade Carpark Date & Time of Contravention: 17 January 2007 at 11:38 THE PENALTY CHARGE HAS NOT BEEN PAID:Penalty charge amount: £60.00 The driver of the vehicle was allowed 14 days to pay a discounted sum. As the registered owner/ keeper or hirer of the vehicle you are legally liable for the penalty charge. It is now too late to pay the discounted rate, therefore you have two options: 1. Pay the penalty charge in full. 2. Make a representation. If you fail to pay this charge or make representations to the council within 28 days of receiving this Notice to Owner a Charge Certificate will be issued. This will increase the Charge by 50% to £90. Failure to pay the increased amount may result in a County Court Order against you and a warrant being issued to Bailiffs.xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxI don't know why they keep calling me MR with a name like Jennifer they did it on the charge cert too!! Anyway surely their stating I have to pay "within 28 days of receiving this NTO" is too vague. How will they have known when I received it? I can't even remember myself so when should the 28 days begin then? Does that make it void?

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Has any one got an opinion please? Also is it enough that the NTO and/or Charge Cert are void? I have asked the council to provide me with a copy of the PCN as I haven't seen it and want to see if that too is wrongly worded. I need to get my evidence to the adjudicator by next Weds 11th which, with the easter break isn't many working days. If the council fail to send me a copy in time can I use that fact against them too?

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It appears the council have now sent me more paperwork. (Which I am now awaiting to be forwarded on to me at my work addy) Not sure if it includes a copy of the PCN but it seems that amongst the reams of paperwork is a list of contraventions on that day and my car is recorded as being a Renault (which it isn't). That info presumably was copied from the elusive PCN. Would the stating the wrong make of car render the PCN void or wouldn't it matter?Is it possible that whilst photographing my car the PA noticed his error and elected to bin the PCN in an attempt to conceal his error? I would then get a NTO, pay £60 and be none the wiser. -Or so he thought. Or perhaps I'm just being too cynical here!!! I'll update when I get the paperwork.

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I got the paperwork. It didn't respond to my request for them to cancel the charge certificate (as I was instructed to do by the adjudicator) It was just a collection of all their evidence. However, there was one new letter included from the council dated 04/04/07 but it wasn't anything to do with my case. It was a rejection letter addressed to another gentleman regarding his challenge to a PCN issued when he was allegedly parked on double yellows elsewhere in the town!! For some reason, probably incompetance, they sent it to me with my stuff instead of to him!! Perhaps he got my reply concerning my charge certificate!!! Who knows? Anyway all this has been forwarded to the adjudicator. I'll let you know the outcome of my case which should be in another week or so.

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  • 3 weeks later...

Quick update. My case has been adjourned at present. The adjudicator has requested further info from the council. He wants to know why, on receipt of my appeal direct to them, they didn't just offer to extend the period for paying the reduced fee and thereby avoid the need for my case to go to NPAS.

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