excess charge notice

Grinny_2

My wife recieved an Excess Charge Notice issued under the Road Traffic Regulation Act 1984. This happened in a car park owned by Cherwell District Council. She wanted to park for two hours, the charge being £1.20 The coins put into the machine were, £1 10p 5p 2p 3x1p. What she did not realise was that the machine does not take coppers and had rejected the 5p in coppers. The ticket therefore only printed out for one hour, although showing it had recieved £1.15. A Excess Charge Notice was issued 1 hour 37 minutes after she had parked. She went straight away to the council offices but could not speak to anyone and was given an appeal form to fill in. The appeal was rejected and after further letters the council are saying that under the Road Traffic Act 1984 there is no further right of appeal. Is this correct?
I have got in touch with the Local Government Ombudsman who have opened a file for me, and I have just copied the correspondence to them. Is there anything else I can do? Surely the Council could have showed some discretion regarding my mitigating circumstances as it was obvious from the money paid that the intention was to stay for longer than 1 hour.

sarahg1969

Your post is very difficult to read. It would help if you could change the font.

The route for an excess charge notice is through the Magistrates Court. You need to think very carefully if you want to pursue it that far.

Grinny_2

Sorry about the font, its an age thing! I thought it would be easier to read.
Well hopefully the Obudsman can help as we don't fancy the Magistrates Court.

Neil_B

I can't imagine the LGO (pretty weak at the best of times) will actually interfere in a matter that is under the durisdiction of a Magistrate if you don't pay.

The only way I can see that working (and I doubt it) is to pay to avoid being summonsed and then try to get LGO to help you get it back.

just my opinion but if you did decide to go up before the beak -- then I suspect their hands are actually tied. Any old Council brief can point out to a Mag that you are technically in breach -- and hence they can find no other way but against you -- whatever sympathy they might feel.
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Debt_Free_Chick

I doubt that the LGO will have completed its investigation by the time you get the Court Summons. In any event, the LGO is there primarily to see that Councils act properly, within their own rules/procedures - it's not there for you to challenge the validity of PCNs.

This one seems to be a case of "user error" as your wife could not have checked the ticket issued. I'd be inclined to take it on the chin, although it might be worth a grovelling letter of appeal to see if they allow it on a "goodwill" basis.