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Is this grounds for appeal?
bigmuffins
Posts: 659 Forumite
Hi
Friend got a ticket around xmas for overstaying parking meter by about 5mins - paid but didn't manage to pay within discounted period (thought she had but that is not the query). Anyhow, council took the £30 cc payment and wrote back asking for another £30. Queried and was told that payment not recieved in the 14 day discounted period. Mentioned this to me and I wondered if there were any grounds to appeal as the letter stated:
PCN officer recorded in notes that ticket was affixed to vehicle's windscreen and I know that this wasn't the case - the warden handed ticket to my friend with the nasty toned comment: "do you want to make me to put it on the car?"(this was in response to my friend's comment of "Oh dear!"
Just to clarify - friend is prepared to pay but I just wondered if anyone had similar experience & if there were grounds for appeal (warden was a nasty piece of work!)
TIA
:beer:
Friend got a ticket around xmas for overstaying parking meter by about 5mins - paid but didn't manage to pay within discounted period (thought she had but that is not the query). Anyhow, council took the £30 cc payment and wrote back asking for another £30. Queried and was told that payment not recieved in the 14 day discounted period. Mentioned this to me and I wondered if there were any grounds to appeal as the letter stated:
PCN officer recorded in notes that ticket was affixed to vehicle's windscreen and I know that this wasn't the case - the warden handed ticket to my friend with the nasty toned comment: "do you want to make me to put it on the car?"(this was in response to my friend's comment of "Oh dear!"
Just to clarify - friend is prepared to pay but I just wondered if anyone had similar experience & if there were grounds for appeal (warden was a nasty piece of work!)
TIA
:beer:
0
Comments
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I think if the notes are inaccurate (e.g. claiming PCN was placed on windscreen when given to your friend) then that could help cast doubt on their other observations.
Someone will be along to help but in the meantime it would help if you could upload and post all paperwork (front and back), see the welcome sticky for full instructions on how to do that.0 -
If you won the appeal could the council use the evidence to cancel & resubmit a new ticket?
Pay the fine....Not Again0 -
I would ask for evidence that the parking meter clock was consulted prior to the issue of the PCN or that the CEO sychronised the hand held computer clock with the meter clock.
DfT guidance recommends that one of the above actions should be done.
The time on the ticket and whether it has expired can only be accurately assessed by the clock that issued the ticket. The CEO's watch or HH computer are unlikely to be to the exact timing of the meter clock and unless the meter clock was consulted (a note in the log book or a photo) then it is possible the CEO's clock was 5 minutes or more faster than the meter clock.0
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