NTO from Havering when no PCN was served - Parked on a Yellow line with a flat batter

merlyn217

THE EVENT:
On the evening of April 25th 2010 I parked my car on a yellow line in angel way, Romford as permitted by the restrictions applied to this road. Unbeknownst to me I had left my headlights on and subsequently when I went to move the car at approximately 07:10am on 26/04/10 I had a flat battery.

I stayed with the car trying to secure a jumpstart from a passing friend/ neighbour (this was unforthcoming). At approx 07:30am I saw a CEO and asked his advice about how to avoid getting a parking ticket if I could not get a jump start before 08:30am (when the parking restrictions begin). He advised me to call the council parking office and inform them so that they could ensure that this was noted and any resulting ticket could be quashed. (I discovered that the council phone lines do not open until 09:00am and that the parking office does not open until 09:30am. I stayed with the car and repeatedly approached neighbours leaving our apartment block to see if any one could give me a jumpstart (no one could).

I phoned my boss at work to explain the situation and that I would be late into work (she is prepared to write a witness statement to this effect).
Whilst staying with the car I repeatedly tried to get through to the council phone lines just before and up to 09:00 and eventually got through to a person (this is when I learned that the parking office does not open until 09:30). My phone was low on charge and so at about 09:20 I went back into my flat to charge the phone. I came back downstairs and repeatedly tried the council parking office until I eventually got through shortly after 09.30 (my itemised phone bill will prove all the repeated attempts at trying to contact the council and parking office that morning). I was told by the lady I spoke to (I regrettably did not get the name) that this should be fine and she put a call out to the local CEO’s to explain and that I wouldn’t get a ticket.

Not long after this, I eventually managed to get a jump start from a local shopkeeper with whom I am friendly (who will also provide a witness statement stating the facts relating to my flat battery and the times).

Having received no parking ticket I then moved my car off to a street where there were no parking restrictions.

THE ISSUE:
I have just (19th June) received a NTO stating that a PCN was served on the day in question (it never was!). I intend to appeal on the grounds that a PCN was never served, and also on the grounds that I was advised by a council officer from the parking officer that my reporting what had happened was sufficient for me to not receive a ticket.

Any advice on how I should proceed would be greatly appreciated.

merlyn217

I've Just spoken to the Lady at the council parking office who I spoke to on the day in question (having gone through my bag - it turns out I did get the name), and explained very politely that I was requesting for her to stretch her memory back to the day in question and see whether anything was formally noted on record about my call. Long story short, she called me back about 30 mins later and explained that she had spoken to the CEO's office on the day in question, the PCN was cancelled and that I should never have recieved the NTO. She said that she would send me out something in the post tomorrow to this effect.
Hopefully this has all been reolved with a polite phonecall!!

peter_the_piper

Congrats, a council showing sense and compassion, a rare event.

Coblcris

Rare indeed.

It may have been tempered by the realisation that this case was an any easy win for merlyn217 at appeal.

merlyn217

Still no letter yet.....Gonna wait until Monday and chase it up.

patman99

If you want to avoid a ticket in the future, buy a car cover and use it. CEO's can't issue tickets if they can't read the number plate, also, if they attempt to lift the cover to read the plate, they are committing a criminal offence (source - 'Drivers Survival Handbook').

peter_the_piper

I think you will find thats not quite correct else the roads would be full of cars on dyl's, covered up, and lots of frustrated CEO's jumping up and down cos they can't issue a ticket.

Coblcris

I would not put any store in the contents of that outdated and incorrect handbook.
Using it will gain you nothing but trouble and extra expense in my opinion.