out of order meter PCN issued for non display

Neil_B

Re-offering the discount period is entirely discretionary.

I've covered this before. There are generally three versions of statements with regard to this on PCNs >> they will, they won't or they might.

In a case where a PCN says as you quote from their website - then it is a promise made on a legal document. Even though not statutory, once such a promise is made, general principals of reasonableness apply and they could probably be held to it.

Soooo - what is the wording about that on the actual PCN?

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Again your thinking is correct. It is indeed another aspect of how their failure so far is unfair to you. Even if they did later re-offer the discount in response to your formal appeal then they have already caused a delay and inconvenience to you.

seems to me, if this did go to Adjudication, you would have no trouble in putting your point across clearly.

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Don't forget Bogs' suggestion to check the TMO for mention of the machines.

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Neil_B

relevant legislation for the informal challenge.

CEoPC Reps and Appeals Regs 2007 (full title if you scroll up)

Section 3 para (2) (b) (i)

If it says that the PCN must state it then it follows that they must do it!

http://www.opsi.gov.uk/si/si2007/uksi_20073482_en_2#pt2-l1g3
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loadsalaughs

the PCN states "the authority will consider any representations that are made against the PCN before a notice to owner is served. But, if a notice to owner is served, notwithstanding those representations, then representations against the penalty charge MUST be made in the form and manner and at the time specified in the Notice to Owner."

it also says "If the authority receives representations within 14 days [of the issue of the PCN] and decides not to cancel the PCN, the authority will allow a furthur 14 days from the date it makes its decision for payment to be made at the reduced 50% charge."

So as I understand it they have promised to consider my informal appeal and advise me of the outcome in order to allow me 14 days to pay at the lower rate. But as they have not considered my appeal and gone directly to the Notice to Owner stage I have been deprived of my statutory rights to pay at the reduced rate.

I have been trying to call them about the TMO but cant get any answer, perhaps the office is quiet because of the Holiday weekend, I will try again Tuesday. I have 25 days left to appeal. :-)

loadsalaughs

Well I would just like to say a big THANK YOU to everyone who helped me with this one. Especially "Neil B" and "Bogs"

I did the appeal pretty much as you advised Neil B and just added that I couldnt accept their argument that they hadnt received my informal appeal as I had an email.....

Anyway I got back off holiday today and found a card from royal mail saying there was a letter for me with no postage and I had to go there and pay £1.30 to receive it. Of course there is no way to see who it is from before one pays, so I paid.

THe letter was from Camden council, two short paragraphs saying that the PCN was perfectly valid and correct, but they they were accepting my representations and cancelling the PCN in view of a discrepancy with their records. I guess they just "forgot" the stamp on the envelope in a childish tantrum.

£1.30 is a lot better than £80 so THANKS GUYS!!!! :T:T:T:T:T:T#

You all ROCK:beer:

Coblcris

I would invoice them for the postage and petrol costs plus any parking fee paid to get the letter from the post office. And keep the envelope as evidence of Camden's mail handling efficiency. Post should not be able to get out without being franked so what happens to other wayward items ?

TheBogsDollocks

Nice one...well done for standing firm. Just to wind them up submit a formal complaint (via email don't pay for any more stamps)) asking for a refund of the stamp money and an apology.