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    • Hockey27
    • By Hockey27 26th Oct 17, 9:10 AM
    • 21Posts
    • 6Thanks
    Train Station "PenaltyCN"
    • #1
    • 26th Oct 17, 9:10 AM
    Train Station "PenaltyCN" 26th Oct 17 at 9:10 AM
    Hi all

    Thanks in advance for any help and advice on this matter

    The Driver at a South Western station yesterday, something that has been done 50+ times in the past 6 months, after parking up, collecting prepaid train tickets and heading to the platform an attempt was made to pay for parking via ringo. Major issue ensues, the company phone was being migrated to a new platform meaning there was no data service and unfortunately no time to go back to the ticket office and car before the train arrived. After a few phone calls with the office the data service was unable to be restored meaning a ticket could not be put on.

    Upon return to the car a PCN was on the windscreen (which left an awful amount of residue once removed), stating all the usual, byelaws, prosecution etc etc. Once able (the first available chance)parking was immediately paid for at the full day rate/ full charge that would have been incurred.

    Ultimately the driver is aware that they have fallen foul of the rules, but not through a deliberate act, what options are there form this point?

    - Are there extenuating circumstances regards the phone service - no data, cannot use app or internet to find phone number

    - Where the fee was paid in full has the company suffered "no material loss" therefore the fine is unwarranted

    - The contravention is "not displaying a permit or ticket", every time the car has been parked a ticket has always been paid for, so never displayed a ticket/ permit, surely if this is the offence a fine should have been issued every time

    - One major point of query, a "PENALTY Charge Notice" was issued apposed to a "PARKING Charge, having read the forums and other websites it appears as if only councils, local authorities and police can hand thee out. Is the charge unenforceable as they are none of the above?

    Thanks again all
    Last edited by Hockey27; 26-10-2017 at 10:54 AM.
Page 4
    • pappa golf
    • By pappa golf 2nd Dec 17, 2:46 PM
    • 7,720 Posts
    • 7,995 Thanks
    pappa golf
    The back of the letter does give an appeals process.

    It says appeals must be received within 28 days and includes a web link and email address

    Should the letter state NTK at the top, or is it sufficient to be in the wording of the letter?
    Originally posted by Hockey27
    and to Whom does it say to appeal to ?
    • Umkomaas
    • By Umkomaas 2nd Dec 17, 2:53 PM
    • 15,899 Posts
    • 24,643 Thanks
    It doesn’t need to state ‘Notice to Keeper’, but it is literally a (lower case) notice to the keeper, so you treat it as a NtK - first notification.

    As you’ve got 28 days to appeal, you need to do that near to the deadline as you are looking to drag this out beyond the 6 months the TOC has to pursue through the Mags Court.

    When you come to doing the appeal, you use the blue text template appeal from the NEWBIES FAQ sticky, post #1, and you send it by precisely the method required - as shown in the NtK.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • Hockey27
    • By Hockey27 2nd Dec 17, 3:10 PM
    • 21 Posts
    • 6 Thanks
    It says to appeal to Parking "Charlie Sierra Lima"

    Thanks for confirming NTK is valid as such, will send Blue appeal at 26± days and await a POPLA code!!
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