Sticky Ticket Fell Off Window - Received Penalty Charge!

TheCandayMan

Thank you Coblcris and Coupon-mad for all your advice and everyone else who has commented.

I will email Merton Council and request the parking order as you suggested and await the Order to Owner to arrive then take it from there. I'm not too optimistic as quite cleartly the council have basically said they do not care I can prove I have a ticket, I am guilty of not displaying it correctly but I will take this as far as I can.

I will update you on the outcome.

Once again thank you all for your support.

The Canday Man

TheCandayMan

Hello all,

Just a quick update.

I received the Notice to owner on the 22nd of July dated the 6th July 2010 giving me 28 days from the date on the letter to respond!

Also I applied for the parking order as suggested and I only received it 2 days ago! :mad:

Postman must be on a go slow this month! :mad:

I have a few days off work right now so i will be scanning through the order to see if there is anything that will help my case.

I need to ask for some advice though. I understand I must word my reply very carefully and stick to the facts but as there aren't many facts to stick to I'm a bit at a loss as how to word my argument. Does anyone know where I could view some examples of other drivers responses in similar situations that had success in their cases?

Any advice at this point would be appreciated.


Thanks

Coblcris

'similar case' ? You would need an identical case for the facts to match. As you rightly say it is the facts that matter. They always come first in any judicial process so that the law can be applied to the facts.

We await the Order being posted.

TheBogsDollocks

In any appeal include the paragraphs below;

“I believe it necessary to bring to the councils attention paragraph 85 from the Secretary of State’s Statutory Guidance to Local Authorities;

85. An authority has a discretionary power to cancel a PCN at any point
throughout the CPE process. It can do this even when an undoubted
contravention has occurred if the authority deems it to be appropriate in the
circumstances of the case. Under general principles of public law, authorities
have a duty to act fairly and proportionately and are encouraged to exercise
discretion sensibly and reasonably and with due regard to the public interest


This statutory guidance is given legal clout by section 87 of the Traffic Management Act 2004 and it is therefore expected that the council must have regard to this guidance.

As I clearly purchased a valid ticket and did display it correctly prior to leaving my vehicle, I did all that was in my power to adhere to the parking regulations. Unfortunately during my absence from the vehicle the ticket somehow became displaced. As a valid ticket has been presented for inspection it is clear to any reasonable person that it would not be in the public interest to penalise a person for such an inconsequential misdemeanour. I therefore politely request that the council act fairly and proportionately in this matter and exercise their discretion sensibly and reasonably by cancelling this penalty charge forthwith.”

TheCandayMan

Hi Coblcris,

Wow what a quick reply!

I didn't actually mean I wanted to copy someone else's response, I just wanted to take a look at the way they worded their argument as I am not very good at such things.

I'm looking for instructions on how to link the order to this post but cannot find the any.

Do I find a site to upload the order to then add the link here?

Thanks in advance

TheCandayMan

Hi TheBogsDollocks!

Thank you so much! That's exactly what I was looking for! Much appreciated.

I feel a little more confident now.

Thanks again

Coblcris

There is a clear sticky that explains attaching images.
entitled
Sticky: How to Upload & Post Images (PCN/NtO/other related paperwork)

https://forums.moneysavingexpert.com/discussion/1690399

How did you miss this ?

Post the Order.

Coupon-mad

TheCandayMan wrote: »

Hi Coblcris,

Wow what a quick reply!

I didn't actually mean I wanted to copy someone else's response, I just wanted to take a look at the way they worded their argument as I am not very good at such things.

I'm looking for instructions on how to link the order to this post but cannot find the any.

Do I find a site to upload the order to then add the link here?

Thanks in advance

I seem to recall you have a thread on pepipoo as well?

Some Parking Orders are very large and hard to link, but on pepipoo J_Edgar has just provided a PDF uploader for Traffic Orders:

http://forums.pepipoo.com/index.php?showtopic=53339

You could use that to post it on your pepipoo thread, and then give us a simple link here to your pepipoo thread. On here, you may still be restricted from posting full links as you are still showing as a 'newbie' - in which case break the link by removing the http:// (we will add it back on).

What does the Order say about any requirement to 'continuously display' as per the link to the Chief Adjudicator's report I provided higher up the thread?

HTH, see what pepipoo say is my recommendation as that's where there are more experts.

TheCandayMan

Hello Coblcris,

As requested, the parking order, pages 1 to 5


i26.tinypic.com/2yn3zgn.jpg
i27.tinypic.com/28nz9k.jpg
i25.tinypic.com/dws3si.jpg
i32.tinypic.com/zludli.jpg
i30.tinypic.com/2laspy1.jpg



I hope this helps.

Thank you very much.

sarahg1969

Have you retained the envelope that the NTO was sent in? Is it postmarked?