Informal appeal - does council have to respond within a certain time??

lizzya

Hello all

Does anyone know if a council has a timeframe to respond to a objection to a parking ticket?

I objected to Portsmouth City Council on 19.11.10 after getting a ticket on 18.11.10 for apparently parking in a disabled space in my road. (There was already a car in the disabled spot so not sure how I could have done this - have asked for photo evidence)

I got the automatic response saying they try and respond within 10 working days but it can be longer when they are busy. I then phoned on 15/12/10 to be told my case hadn't yet been reviewed due to high volumes.

Its now 22.12.10 so they have had over a month - is there a point when I can reject it on the ground they have taken too long to review????

Grateful for anyone who can help

BillTrac

Can't really help you with the time limit. Are you local? As the parking offences office is just along from the Central Police Station. Might be worth a visit.

I am glad that Portsmouth Council have started clamping down on disabled parking abuse, but if you say you weren't parked there then I don't think you will have a problem.

The parking attendants carry digital cameras and photograph any offending vehicles. Once you have a copy of the picture it should be clear what car is actually there.

Did you actually get a ticket under your wiper? Otherwise I can't understand you receiving one as you say you weren't in a disabled parking space.

Keep us updated, please?

Orford

lizzya wrote: »

Its now 22.12.10 so they have had over a month - is there a point when I can reject it on the ground they have taken too long to review????

No, it's 56 days for a reply to a formal appeal (NTO), but there is no statutory period within which they must reply to an informal appeal. It's just a matter of waiting.

However they are obliged to consider all representations and if the only reply from them is the NTO, the fact that they have not can be mentioned in the formal appeal. Portsmouth website says this :

If you make an appeal against the PCN and you are not successful you will still be able to pay at the discounted rate, as long as your appeal is made within 14 days of the issue of the PCN.

lizzya

Thanks Biltrack - yes I did get a ticket on my windscreen, but I had driven off before I realised what it was unfortunately. As far as I remember I was parked in front of the disabled space which is near my house. Hence my request to see a picture. I live in Southsea so if I don't hear back soon I guess I could pop in and see if that helps it along.

Thanks Orford as well -seems a shame the council don't have any kind of timeframe put on them to respond though? One rule for us and another for them it would appear!

TheBogsDollocks

The Secretary of State in his statutory guidance to council's is clear on the length of time expected for a reply.

88. It is likely that an enforcement authority will receive informal challenges
against PCNs before they issue the NtO (this does not apply to PCNs issued
by post where the PCN will act as an NtO). They are likely to receive these
within the 14 day discount period. Enforcement authorities should give proper
consideration and respond to these challenges with care and attention, and in
a timely manner in order to foster good customer relations, reduce the number
of NtOs sent and the number of formal representations to be considered. The
Secretary of State suggests that authorities should respond within 14 days.
Enforcement authorities should also have suitably trained staff with the
appropriate authority to deal with these challenges. If the evidence or
circumstances (including mitigating circumstances) provide grounds for
cancelling the PCN, then the enforcement authority should do so and let the
vehicle owner know. If the enforcement authority considers that there are no
grounds for cancellation, it should tell the vehicle owner and explain its

reasons.

The councils have a statutory duty to have regard to this guidance and so where regard is not given one can accuse the council of a procedural impropriety but whether an adjudicator will accept this is another matter. Nothing to lose by throwing it in at NtO stage if only to make the council look inefficient.

lizzya

Thanks for that info - am guessing now I won't hear back until after Christmas now. However I have put the money away assuming I will have to pay for now.

I still think though they should have to reply within a certain time!! I will keep everyone posted.

Coupon-mad

lizzya wrote: »

Thanks for that info - am guessing now I won't hear back until after Christmas now. However I have put the money away assuming I will have to pay for now.

I still think though they should have to reply within a certain time!! I will keep everyone posted.

Don't be so sure.

Most informal appeals are declined by Councils but that's just because they can, and because parking enforcement is all about cash and not about road safety/traffic flow.

Most cases appealed formally (after NtO) with pepipoo forum's help win, and never have to pay a penny:

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

I would always appeal any PCN to the adjudicator, even if it seemed I was bang to rights. Make the Council work for their money and sooner or later they'll slip up with their replies, deadlines and paperwork, IMHO. There's almost always some good grounds for appeal at NtO stage and all you risk is having to pay the fine. All or nothing, with the odds in your favour!