should we challenge this?

Neil_B

Looks good to me. A bit long winded but it says everything it needs to. It's fine.
just change the opening sentence to 'I write to challenge the above ---' (this being a first, informal appeal - not formal) then your later sentence about future formal reps makes sense.
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Best of luck.

BARGAINHUNTER!

Excellent - Ill put it in the post and let you know how we get on!!!

BARGAINHUNTER!

Ok - an update! My friend has received the following response by letter:

"Thank you for your letter of objection against the issue of the above penalty charge notice.

To enable me to make a decision on your objection please can you send some evidence that at the time of the alleged parking contravention the vehicle concerned was involved in loading or unloading of goods at adjacent premises.

The evidence required is either a delivery note, an invoice or a receipt. The document must show the time and date and the address where the delivery or collection occured and the nature of the goods which were being loaded or unloaded.

Please send your evidence within a 14 day period beginning on the day that you receive this letter to: (address)

If you are unable to provide the evidence that is requested within the 14 day period the discount amount of £35 is no longer available and the full penalty charge of £70 will be payable. If you are unable to provide the required evidence and now wish to pay the discounted rate of £35 we must receiv this payment within a period of 14 days beginning with the date of this letter. You are legally deemed to have received this letter two working days after the date it was sent.

If we do not receive either the necessary evidence or payment, and the penalty charge remains unpaid after a period of 28 days beginning with the day the penalty charge notice was served the Council may then serve a 'Notice to owner' on the owner of the vehicle. At that stage the vehicle owner, or driver on behalf of the owner will be able to make a representation against the penalty charge notice. the council will consider a representation even where we have previously concluded that the evidence presented is not such that we can cancel the penalty charge notice. To ensure impartiality a different council officer will consider the formal representations.

If the council decide to reject the formal representations and the owner, or driver on behalf of the owner is not satisfied with the decision that has been made they may then appeal to the independent 'Traffic Penalty Tribuneral' within 28 days of the service of a 'Notice of Rejection' by the council. Further details are available at https://www.trafficpenaltytribunal.gov.uk and further information regarding the civil parking enforcement procedure is also available at https://www.patrol-uk.info. Information concerning the Councils parking and enforcement policies and procedures is available on the council website at www.york.gov.uk/parking."

So they didn't bother to read my previous letter to them properly and they have ignored my request to see the notes made at the time. Where do we go from here? Is it worth pursuing or should we just pay up?

Neil_B

I really hate this 'guilty until proven innocent' attitude of Councils.

I'd be tempted to tell them to get stuffed - BUT don't cos it's not my money and you want it cancelled.

It's disgusting really. £5000- max fine and criminal conviction for lying in an appeal! - and then they have the cheek to doubt peoples' word!

they are talking tosh about what is required.
Statement from the witness you mentioned should suffice. let them call her a liar too! If they don't like it they can tell the Adjudicator!
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Neil_B

Did they provide the CEO notes?

A bit rich if not! they want something from you but refuse to reciprocate! Who asked first!

BARGAINHUNTER!

Neil_B wrote: »

Did they provide the CEO notes?

A bit rich if not! they want something from you but refuse to reciprocate! Who asked first!

No, they totally ignored my request for copies of the notes and obviously just sent a standard letter!

Neil_B

That could very likely count against them at a later stge.

For now, much as it pains me, co-operate with them and get it cancelled. just get that statement and see what happens.