I did not receive a NtO (Notice to Owner) - Now they want more money from me!

hopsta

I received a parking ticket on 10/10/2009 in Westminster. I was attending a meeting and was told where I should park. When I arrived there, there was a single yellow line around the road. I was informed that the parking restriction was only Mon-Fri. I thought I would check the signs anyway, but I search up and down the street on both sides of the road and could not find anything.

So all I could do was trust my friend who informed me that I was aloud to park there (the person who runs the venue that is)

When I get back to my van there is a parking ticket on it. I immediately start taking photos of my van, the street and every post to show there was no signage. Then I decided to take a video of the area for undoubted proof. As I started doing this, a traffic warden comes around the corner, so I approach him while recording. I asked him why have I been given a ticket where there are no signs down the road, he informs me that they do not need signs down the road. (I have this on video)

I have appealed with all image evidence and was rejected on 05/11/2009. It said on the letter that if I want to make a formal representation, I need a NtO which will be sent in 28 days (so should have been around beginning of December).

I did not receive the NtO, but I have now received a "Charge Certificate". How can they do this?

It says on the Charge Certificate that the NtO was sent on 08/12/2009 but I did not receive the letter. So it was either not sent or it was lost in the post.

What do I do now?

peter_the_piper

Sounds like you are in a CPZ, this is a general zone which for the sake of parking has signs at the entrance to the zone. The zone has to have a sign at every way of getting into it therefore if you can prove there's a way of driving in without passing one you have an appeal point. Also if the road is over 5met wide there has to be one on each side of the road both facing the incoming traffic.
Not sure how you go about getting an nto now that you are onto a charge cert.It needs a more knowledgeable person. as its a tricky one, if noone posts otherwise, I suggest pepipoo.com. They have the legal brains to help.

hopsta

Thanks for your reply. This may have been the case. That I was in a ZONE. I am not sure and I am not able to check as I do not live near where this happened.

Do you know of any way of checking?

If anyone could answer the NtO problem I would greatly appreciate it. Thanks

Coupon-mad

You'll need to act quickly now you have a Charge Cert, don't let time go by. Register and post your query on pepipoo here:

http://forums.pepipoo.com/index.php?showforum=30

They can tell you how to get the case back to the NTO stage I think (as you never received the NTO), and how to investigate the possible Controlled Parking Zone (are CPZ's listed on the relevant Council's website, worth a look?). Maybe posters over there will know the area - or can you have a look at the streets & signs around the area using Google Street View?

You may also find pepipoo can advise you of other points for your appeal, for example CPZ's have to have signage but not necessarily on the same road you parked in (but at every entrance to the 'zone'). Here's another thread today where Orford has had a look at some roads around a CPZ and found the signage wanting:

http://forums.moneysavingexpert.com/showthread.html?t=2197237

Hope you can find some issues like this as well and/or other help & appeal suggestions on pepipoo.com. They have a LOT more experience of these things than your average MSE poster.