Parking Ticket Appeals discussion

donaldtramp

Wendy

What's the harm of passing on details about the Pepipoo website.They KNOW far more about the subject. I have seen misleading answers and posts on MSE that could cost motorists cash and possibly visits from sheriff officers or the likes.
Pepipoo's whole reason of being is to defend the motorist.
I thought helpful posts to share and spread useful information to help people would be appreciated on MSE.

Is there a reason why we must not mention Pepipoo?

I thought the whole idea of MSE was to save people money and to give them the best advice. Why shouldn't we help people?
Is MSE that desperate for clicks?

I won't need to worry though, no doubt this post will "disappear" shortly.

Just trying to help folk
DT

Neil_B

Campfreddy wrote: »

I thought it might be worth mentioning the 56 day rule as I found that many councils do not know about this but it is clearly written in the Road Traffic Act. In summary, once you have submitted your appeal, the PCN issuer has 56 days to serve a response to that appeal (by serve, this means that it has to be received by the appealer 56 days from receipt of appeal, not posted on the 56th day).

If the PCN issuer has not served a response within 56 days, the appeal is deemed to have been accepted, the PCN cancelled and any money paid to be refunded. Full wording/act here: http://www.opsi.gov.uk/acts/acts1991/ukpga_19910040_en_7#pt2-pb3-l1g71

The wording in the Road Traffic Act is as follows:

(6) It shall be the duty of an authority to whom representations are duly made under this section, before the end of the period of 56 days beginning with the date on which they receive the representations—
(a) to consider them and any supporting evidence which the person making them provides; and
(b) to serve on that person notice of their decision as to whether they accept that the ground in question has been established.

..........


(9) Where an authority fail to comply with subsection (6) above before the end of the period of 56 days mentioned there—
they shall be deemed to have accepted that the ground in question has cbeen established and to have served notice to that effect under subsection (7) above; and
subsection (7) above shall have effect as if it required any refund to be made immediately after the end of that period.



The reason that I know this was because my car was towed away (totally unresaonably). I sent an appeal and Haringey Council just took forever to respond. Few people know about this rule but I researched it and on the 57th day I called the council to get my refund and told them that they were breaking the law if they didn't refund me - I even threatened them with further legal action and costs. I got all my money back and the PCN was cancelled.

In order to ensure that the issuer has received your appeal, ensure that you send it by recorded delivery so that you have proof - the 56 days start from when they have received your appeal and ends on the 56th day when you should have a response in your hand.

Good luck

Well yeah - most Councils won't know about it since in England and wales it hasn't been in use for 8 months!!!!

Even when it was I believe the 56 days only applied to vehicle removals - as your case - not others.

However - under new legislation, for parking, it does apply BUT - your post is misleading because it DOES NOT apply to legislation used to enforce moving traffic or bus lane contraventions (in London at least).

recorded delivery???? oh good tip - very relevant to MSE. Pay for a service that 90% of the time you don't get! If posting to PO Box Royal Mail do not bother getting a signature most of the time. Test it and see by trying to track on the RM website afterwards.

Neil_B

Campfreddy wrote: »

I understand there has to be a CPZ information sign at the entrance of the road but there doesn't have to be individual plates along the road

First bit is incorrect. second bit can be incorrect depending on restrictions at each point along the road.

Neil_B

However, I would appeal again and keep appealing - eventually it comes to a court case and you can put your point of view over in person. I nearly got to a court case, but they decided to drop it when they found out I was keen!!![/QUOTE]

Oh really? what Court is that then. Wrong again.

Neil_B

sarahg1969 wrote: »

You need to provide more information. Council? Private parking company? It would be useful to see the PCN if it's a council one, because that might not be right. And what was the contravention, etc?

what a releif! someone is talking sense on here!

Neil_B

Campfreddy wrote: »

2. Attach a second tax disc holder to your motorbike.
3. Buy a ticket (very important this bit) and put it in your second tax disc holder - thus you have paid and displayed.

To be fair, that's actually a good idea.

Neil_B

Campfreddy wrote: »

Keep going - if you really feel that you deserve for the PCN to be cancelled, keep appealing til you get offered a court date.

As before - what Court?

Neil_B

campfreddy wrote: »

I would also contact the council who probably also control that parking area and ask if the PCN is registered with them. They may also have some advice about this.

(

Sorry it's always you but that's just the order the rubbish is posted in! It may mislead people.

Errr PCN? - form the Police -No. Council involvement - for a Police issued FPN - err no.

Neil_B

ctomo1978 wrote: »

i would like to ask, how long is deemed acceptable for loading and unloading?

contrary tp popular beleif and what Councils will tell you - loading takes as long as loading takes - unless there is a specific order for the location limiting it - i.e. london Red routes (mostly 20 mins).

ancillary tasks to loading - as freedy said in the next post after yours, are allowed - i.e. finding the person you need, getting signatures, navigating buildings, etc.
Entirely reasonable for a Council to issue a PCN if a decent period of obs - BUT - should be cancelled when explained.
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Neil_B

frankriley wrote: »

i was parked in the multi car park on the 27/08/2008{which i had stayed on before}i put 7.20 in the metre at 6.30pm,which gives me until 9am the ticket was displayed correctly,i arrived at 8.25am to find a parking ticket on my car.i went to the supervisors office to complain,he said the ticket should not have been issued,the warden should have noticed that the 7.20 displayed on the ticket gives me until 9pm.but because it has been issued he could do nothing.but he made a note on my ticket to that effect he also said that he would send a note stating the ticket was issued wrongly.as time passed by i heard nothing from the councel.last sunday i decided to valet the car,the ticket and parking ticket i threw out{binned it}thinking that the time elapsed and the note the supervisor made the councel had cancelled the ticket. to-day i get a letter from the councel dated 11/11/2008 demanding 50 pounds. what are my rights? anyone know? thanks for reading this post

you have a case but i'm not prepared to offer advice in this disorganised mayhem. take it to one of the other forums people have recommended - and you'll soon suss there's really only one worthwhile.
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