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PCN for a car that broke down
eloma
Posts: 9 Forumite
My car brokedown on Saturday night (16/01/2011). I called the AA.. They came within an hour.. The agent couldnt fix the car and diagnosed it as a broken timer belt with possibly bent valves. The car was dead and immobile.
The car was recovered by tow truck and left outside the garage.. The car was set down by the AA agent in whatever space was available near the garage. He parked it with the two near-side wheels on the footpath. It was dark and raining heavily. The garage was closed on Sunday.. On Monday morning (18/01/2011), I met the garage guys and handed over the keys and they then took a day or so (due to bad weather, incessant rain and lack of staff) to move the car and start work on it..
They had the car for the rest of the week and I picked up the car on the Saturday (22/01/2011). When I picked the car there was a PCN stuck on the windshield.
Here I must clarify there was a sign on the pavement, allowing parking on one side of the sign and my car was parked on the other side. This sign at the location indicates, using an arrow, the direction and point from which you can park with wheels on the footway. So in that sense it was a default.. but as I have indicated, the circumstances were not normal. I was not in charge of the vehicle when the alleged violation happened.. The car was dead and wouldn't start.. There was no place to park near the garage.
I appealed against the PCN and also had attached the garage bills. Soon after my appeal, I got a letter from Redbridge Parking asking for proof in the form of a letter from the AA. I called the AA and got a letter which I sent to the council.
Now I have got a letter from them rejecting my appeal. Redbridge Parking say that they will not cancel the PCN because the AA moved the vehicle to the location where it received the PCN therefore the vehicle should have been parked correctly.
I had two options.. Pay the reduced amount £50 within 14 days.. I did not use this option as I was trying to speak with councillors to make them see some sense. I now have received a Notice to Owner (I am Registered Keeper), at the full penalty of £100.00. I have to now make a further representation to the Council’s Appeal Services or pay the full fees of £100. Should my representation not be accepted then I will have the option to make a further representation to the Parking and Traffic Appeals Services (PATAS).
My question was:
Should I make a fresh appeal and then go to PATAS. Is my case strong enough. If I go to PATAS and lose, do I have to pay the higher penalty of £100 - does the penalty increase further - do I also have to pay damages (court fees, etc)
Is the process of second appeal and independent adjudication, time consuming.. I work full time
The car was left so that it doesnt obstruct anyone or anything.. if there was no parking place to set my car down in the vicinity of the garage, what are Ihe AA meant to do.. If they leave the car near my home on Lowbrook Road, how am I going to get it to the garage on the next working day..in light of the exceptional circumstance, is it right to uphold the PCN. Rules could be interpreted in the context of the circumstances especially when the vehicle was not obstructing, disturbing or inconveniencing anyone. I did not park the car and go shopping.. There was limited choices.. This treatment seemed a bit harsh and punitive..
The car was recovered by tow truck and left outside the garage.. The car was set down by the AA agent in whatever space was available near the garage. He parked it with the two near-side wheels on the footpath. It was dark and raining heavily. The garage was closed on Sunday.. On Monday morning (18/01/2011), I met the garage guys and handed over the keys and they then took a day or so (due to bad weather, incessant rain and lack of staff) to move the car and start work on it..
They had the car for the rest of the week and I picked up the car on the Saturday (22/01/2011). When I picked the car there was a PCN stuck on the windshield.
Here I must clarify there was a sign on the pavement, allowing parking on one side of the sign and my car was parked on the other side. This sign at the location indicates, using an arrow, the direction and point from which you can park with wheels on the footway. So in that sense it was a default.. but as I have indicated, the circumstances were not normal. I was not in charge of the vehicle when the alleged violation happened.. The car was dead and wouldn't start.. There was no place to park near the garage.
I appealed against the PCN and also had attached the garage bills. Soon after my appeal, I got a letter from Redbridge Parking asking for proof in the form of a letter from the AA. I called the AA and got a letter which I sent to the council.
Now I have got a letter from them rejecting my appeal. Redbridge Parking say that they will not cancel the PCN because the AA moved the vehicle to the location where it received the PCN therefore the vehicle should have been parked correctly.
I had two options.. Pay the reduced amount £50 within 14 days.. I did not use this option as I was trying to speak with councillors to make them see some sense. I now have received a Notice to Owner (I am Registered Keeper), at the full penalty of £100.00. I have to now make a further representation to the Council’s Appeal Services or pay the full fees of £100. Should my representation not be accepted then I will have the option to make a further representation to the Parking and Traffic Appeals Services (PATAS).
My question was:
Should I make a fresh appeal and then go to PATAS. Is my case strong enough. If I go to PATAS and lose, do I have to pay the higher penalty of £100 - does the penalty increase further - do I also have to pay damages (court fees, etc)
Is the process of second appeal and independent adjudication, time consuming.. I work full time
The car was left so that it doesnt obstruct anyone or anything.. if there was no parking place to set my car down in the vicinity of the garage, what are Ihe AA meant to do.. If they leave the car near my home on Lowbrook Road, how am I going to get it to the garage on the next working day..in light of the exceptional circumstance, is it right to uphold the PCN. Rules could be interpreted in the context of the circumstances especially when the vehicle was not obstructing, disturbing or inconveniencing anyone. I did not park the car and go shopping.. There was limited choices.. This treatment seemed a bit harsh and punitive..
0
Comments
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Post on pepipoo.com as well, there is a right in law to be able to break down and they will help you fight the money grabbing twerps.I'd rather be an Optimist and be proved wrong than a Pessimist and be proved right.0
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Definitely appeal to PATAS, get help from pepipoo forums and you should win (most do win in the end and being rejected at this stage is very common):
http://forums.pepipoo.com/index.php?showforum=30
You will not have to pay any costs. If you lose you will be told to pay the full fine of £100. I would continue as you seem to have grounds and pepipoo will provide more. Draft a skeleton appeal and they will help you build it to a very impressive representation. You should be able to avoid any timeconsuming work except the initial pepipoo post, reading their FAQs and showing them your pics of all documents, and do post a copy of a draft appeal to give their posters something to work with.
PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
You don't need to attend...can be done by post. They are/were trialling teleconferences.
You will be successful.Hi, we’ve had to remove your signature. If you’re not sure why then you're as thick and stupid as the moderators on here - MSE ForumTeam0 -
You should appeal to PATAS.0
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