Edinbugh City - Postal Request for Payment - No PCN on my car!

Ploes

Hello Every one.

Long time reader, first time poster.

I got a letter in the post from Edinburght City this morning.




I was there and it was my car.
There wasnt a PCN on my car on the date.
I bought a ticket, which I no longer have, because I don't have that car, and I didnt see the PCN that they are saying they issued.

I did however pay for it via mobile phone.

On mpark.com I've got a transaction for:
06/01/09 09:4051179Warriston RoadGBP 1.95


Parking on Warriston Road costs 70p an hour, and theres a 20p payment for using your mobile.

I've not done anything with it yet.
Any help please people!

peter_the_piper

I can't help you but can you remove your registration number etc from the letter. Others will be along soon who can offer advice.

Ploes

Well spotted that man! I thought I got them all! *edited*

Should point out, that means I had payment till 12:10, and aparenty the PCN was issued at 11:01. My system from work says I was there till 11:25.

ARGH!

Ploes

.... and where is the digital picture?!

xxlaurissaxx

Tell them exactly what you have told us! Dont back down. Edinburgh council chance alot of tickets and mines took 2 months of emails before they backed down and admitted they were in the wrong.

xx

Neil_B

Whilst Edinburg PCNs are just about compliant - that NtO is rubbish. Thanks it will help others.

They don't seem to be able to make up their minds whether a Charge Certificate 'will' be issued or 'may' be issued?? Not too up on old RTA1991 but i think it's 'may'.

More seriously the use of "Within 28 days" and "within 28 days of" is wholly wrong per the famous PATAS case of Al's Bar v Wandsworth.

Easiest way to explain is by asking you a question - ok?

Given you must have received it today - what date do you think is the last day on which you could pay?

---

You also have the original issues of >>
1/. No PCN served - ask for PA notes and any photo evidence- politely as in 'kindly supply'

2/. You had paid anyway and have some kind of proof.

---

i didn't know they were using 'pay by phone'? Maybe it is new and they are having system flaw teething troubles

---

ask?
-

Ploes

Neil_B wrote: »

1/. No PCN served - ask for PA notes and any photo evidence- politely as in 'kindly supply'

Looking at the NtO, am I right in thinking its missing a picture at the bottom right hand corner?

Neil_B wrote: »

2/. You had paid anyway and have some kind of proof.

Yep. I've printed out my entire mPark history for them. All 71 transactions!

Neil_B wrote: »

i didn't know they were using 'pay by phone'? Maybe it is new and they are having system flaw teething troubles

---

ask?
-

Its not new, I've been using it for over a year now. Unlike other systems it still issues you with a ticket from the ticket machine.

Ploes

Hello everyone.
He is a copy of the letter I sent them.

Included with it was:
a copy of the NtO (I kept the original in case I needed it!)
a print of the 71 mPark transactions, and
a print out from our reporting system at work.

[FONT=Arial, sans-serif]PCN Number: EH*******[/FONT]

[FONT=Arial, sans-serif]PCN Issue Date: 06/01/09[/FONT]

[FONT=Arial, sans-serif]Vehicle Registration Number: *******[/FONT]

[FONT=Arial, sans-serif]Notice to Owner Issue Date: 17/02/09[/FONT]

[FONT=Arial, sans-serif]I would like to challenge your "Notice to Owner" form on two counts:[/FONT]

[FONT=Arial, sans-serif]The contravention did not occur:[/FONT]

[FONT=Arial, sans-serif]I purchased a parking ticket for £1.95 via mPark at 9:40. This permitted me to park until 12:10. [/FONT]

[FONT=Arial, sans-serif]The ticket was displayed in the top passenger side of the car's windscreen, in a parking ticket holder as I always do on the car. [/FONT]

[FONT=Arial, sans-serif]Unfortunately I no longer have the ticket, but enclosed is a copy of my mPark account records for my mobile number ***********, indicating the transaction proving I bought a ticket for Warriston Road. [/FONT]

[FONT=Arial, sans-serif]As well, as you can see by the mPark records enclosed, I park quite often in Edinburgh and have actually parked at the Warriston Road location 3 times previously (on 16/04/08, 12/06/08, and 05/11/08) to visit my only customer on that road. I am well aware of the need to pay for parking, and to display my valid parking ticket. I always make sure to do both. [/FONT]

[FONT=Arial, sans-serif]The traffic order was invalid:[/FONT]

[FONT=Arial, sans-serif]There was no PCN on my vehicle when I returned to it at 11:25 on the Monday 06/01/09. [/FONT]

[FONT=Arial, sans-serif]I know the time I returned to the vehicle from the reporting software that I use for work (copy enclosed). [/FONT]

[FONT=Arial, sans-serif]I would have retained my ticket and contested the PCN sooner if there had actually been a PCN left on the vehicle. [/FONT]

[FONT=Arial, sans-serif]Given the lack of PCN on the vehicle, I had no reason to retain the ticket since mPark provides all the information I need to claim parking expenses back from my employer. [/FONT]

[FONT=Arial, sans-serif]You have not provided a picture of the alleged offence on the "Notice to Owner" form, even though there is a space where one should be.[/FONT]

[FONT=Arial, sans-serif]Please provide me with a written update on my challenge to this PCN.[/FONT]

[FONT=Arial, sans-serif]Regards[/FONT]

Ploes

...and here is the reply




WIN!