Appealing a parking ticket that was not recieved

Neil_B

Glasgow have a bad rep for enforcement in various ways.

I'm not particularly up on RTA 91 leg. where still in use in Scotland.
I can see a couple of things but unsure if any critique would be valid.

Basic element of appeal is the same though. No contravention occurred and no PCN was served. Simple as. It's up to them to show it did (contrary to what someone said above).
In any appeal ask for any photo evidence they have and a copy of the parking attendant's contemporaneous notes. If they fail to produce anything to show a contravention occurred they will have a hard time at Adjudication if they dig their heels in!

Hold fire a short while for more info.

Neil_B

Also ask for a copy of the original PCN - and don't take no for an answer, they have to supply it.

Noting your family issue (soory to hear that)- let us know when you are ready for more info.

s1clark

Any info you can give me is gratefully received, one less thing for Mum to worry about. Thanks again for the advice.

Neil_B

My personal favourite format for reps is to type up separately, as they indeed suggest in this case. We will tick the relevant boxe(s) on the reps form and then attach an explanation of our grounds.

Head the sheet along the lines of 'Representations against PCN No XXXXXX'
- and possibly add your VRM for good measure.

Sub heading 'The contravention did not occur' (bold)

Coy wording here to put the ball back in their court! >>

'I was not parked in contravention of any parking restrictions and no PCN was served at the time. Kindly furnish me with a duplicate of the original PCN as you claim issued and disclose any particular evidence you have of the alleged contravention. Please also furnish me with a copy of the Parking Attendant's comtemporaneous notes'. It may assist you to know that I do recall another vehicle that may have been parked in contravention on a bus stop. perhaps your Attendant has noted the wrong registration and served the PCN on the correct car - not mine?

(i was loathe to include that last sentence - normally preferring to leave it to them to find out - but in those particular circumstances, probably best to help them out)

Next sub heading (bold) 'The Notice to Owner'

- i'll cover the techie bits that go here in next few hours if i can. Get ya thinking head on - some concepts to understand!

s1clark

Thanks again for the time you have taken on this - I wouldn't have even thought of this wording. If you have time I look forward to the rest of your advice.

Neil_B

Had a chat with an eagle friend and seems the same issues I had noticed do still apply for RTA. Advice though, is given in good faith as my opinion only.

I'll explain one issue first and if you have any questions say so. Then I'll do the other one and then we try to put it into a concise wording.

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All documents are required to comply with the mandatory requirements of the relative legislation. If they don't, then they are invalid and unenforceable.

Here, Glasgow say that they are allowing 7 days for service of the NtO (note they are unspecific and don't say if this is working days or all days).

The requirement of RTA 1991 is for them to tell you that you have 28 days to respond beginning with date of service - the date you receive it. That is all, nothing more.

First reaction to this is normally that - 'ah but they are being generous and allowing me some leeway, extra time.'
Yes, but they can't. Quite simply they are required to tell you your correct legal position which is as I described above and as they themselves initially correctly describe. They may not add any qualification to that.

They miss-state your legal position and hence prejudice you. In law only the potential for prejudice has to be shown in a document. Actual prejudice does not have to be shown to have occurred. Here, that prejudice is proven to some extent because you have received it long before they say you will. Whatever their stated intention you have 28 days to appeal beginning with the date you actually received it, whenever that was - end of story.

hope that hasn't fried your head too much , LOL! More laterz!

Neil_B

Clark, can you just signify your understanding of the above (I'll word it concisely when we're ready) or ask any questions you need to.

Then we can move on.

s1clark

Sorry for not replying sooner.

I do understand what you are saying - again, hadn't thought about the wording that way.

Really appreciate the help.

Neil_B

Not a problem, just as long as you still want to proceed. might as well cos you're at full rate at the mo!

What i'll do is to put that in a simpler couple of sentences for your appeal. (Today)

I will add the final point without going into the explanation (Ill PM you why)
You decide if you trust me on that.

You seem happy with the wording so far. Remember that is just utilising my own favoured style and what IMV is most likely to workand you a welcome to adjust. Final decision is yours.

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i recall a recent Glasgow case where they were quite intransigent about supplying a duplicate PCN and said they were unable. this is illegal. When pressed they capitulated and cancelled. It seems they may have some processing problems in the office.

s1clark

More than happy with the wording so far.