Advice with PCNs please!!

mattkowalski

Hi,

I'm in the midst of a bit of a saga regarding three and a half PCNs that I've been issued with. Summary is below;

September 18th
• I return to my car and find three parking tickets for parking with two wheels on the curb, on the following;
o Sept 13th @ 10:19 am
o Sept 15th @ 2:43 pm
o Sept 16th @ 7:06 am
• The tickets say I have 14 days from their date to pay half-price at £60, or £120 thereafter.
• The tickets also say I can appeal in writing – if this is unsuccessful, I get offered another 14 days to pay at half price.
• The council’s website says that after 28 days, a notice gets served against the owner, and the fine rises 50% to £180.

September 21st
• I send a letter, appealing for discretion with the three parking tickets, on the grounds that the tickets were for the same offence and they weren't prominently placed on my car so I didn't notice the first one. I also explain that cars have also ended up damaged on my road in the past where bin lorries have tried to squeeze down the road when it has been double parked in the past, which is why I put two wheels on the curb (a long-shot at best, but worth a try I thought).
• Letter arrives at destination on September 22nd as per Special Delivery.

October 8th
• Having not heard back from the council, I call them to chase up my appeal.
• Initially I’m told that letter of appeal had not arrived
• When I confront them and tell them I have proof of delivery, I’m told they actually have the letter and it’s waiting assessment
• Also told that I have a 4th parking ticket for Sept 15th (7:38am) – same day as another ticket!
• When I explain that I never found a 4th ticket on my car, I’m told that I can contest it in writing
• Informed that because my letter of appeal did not include the 4th parking ticket, it’s now not eligible for being paid half price.


Obviously I'm not too happy about the situation and would like it resolved as soon as possible so I can hopefully reclaim a fragment of my sanity!

1. Are there any rules governing if tickets should be prominently placed on the car? (Probably not, but I walked past my car on more than one occasion and did not see the first ticket)

2. Can more than one ticket be issued for the same offence? (I think they can)

3. Can more than one ticket be issued for the same day?

4. What happens when they claim to have placed a ticket, and it vanishes from my car?

5. Tuesday this week, 28 days will have passed since the 4th ticket was apparently issued, and the charge for it will be £180 instead of £120. Do I pay this ticket beforehand, to avoid this? (Obviously I’m adamant I shouldn’t)

6. Based on the answers to all of the above, what is the best course of action for me to take?


Any help/advice would be very much appreciated!!

muckybutt

For really good advice on this issue I would pop over to the decrim parking forum at pepipoo
https://www.forums.pepipoo.com

pogofish

Do not pay anything until the challenge has been resolved and you have been informed of the decision. You would have a much harder time recovering any monies payed.

IME, most authorities suspend the discount period whilst a challenge is in progress. Which is why it is doubly important to get proof of delivery.

In the meantime, if you can prove delivery I would suggest encouraging them to find it and progress this as quickly as possible.

Neil_B

You managed to say an awful lot in your opening post without managing to mention what Council --- crucial info.

You are expecting too much of a Council in terms of response times!! LOL

Their statement about the fourth PCN is correct.

Sometimes Councils will show discretion where consecutive PCNs have been received for a single contravention. IMO they are less likely as it is a pavement parking issue.

You have misunderstood the £120/£180 timescales. NtO requires payment of £120 or appeal against that amount. It only rises to £180 if you do neither.
-

Nessynoo

Hiya. Hope i can help you.

1) For a PCN to be served, it must be affixed to the vehicle (preferably windscreen), or handed to the driver. It is possible that a third party may have moved the ticket. The CEO should have taken photos of the PCN ATW (attached to windscreen)
2 Yes, a ticket can be issued on every day that the vehicle is left in contravention of the regulations.
3 I dont think two tickets can be issued on the same day for the same vehicle in the same location for the same offence. This could happen if the 1st PCN is removed from the vehicle and a different CEO then comes along.
4 You can ask to see the photos re service of the PCN. If you write and say you didnt receive it, the Council may use its discretion to extend the discount period, even if an NTO has been served.

Hope that helps a bit for now.

sarahg1969

Nessynoo - since last year (March, I think), a PCN can be served by post under certain circumstances.

mattkowalski

Neil_B wrote: »

You managed to say an awful lot in your opening post without managing to mention what Council --- crucial info.

Ah, apologies - it's Southwark Council in London.

For the time being, I know I need to wait to see what they say about the appeal I sent for the first three PCNs.

At the moment, I need to work out what to do this Tuesday. So from what people have said, it won't rise from £120, even though 28 days have passed?

Cheers for all the replies so far.

Nessynoo

sarahg1969 wrote: »

Nessynoo - since last year (March, I think), a PCN can be served by post under certain circumstances.

Thats right - When a CEO is "prevented from issue" due do threat or act of violence. Another example is if you drive away after the ticket has been started to be processed.

OP, dont forget, if you have to pay the PCNs, you can write in and ask for an instalment plan. The Council may accept this - it's at their discretion.