Parking Services didn't answer my appeal, what shall I do

done_2

I have received a PCN on 9/05/11 and then followed the template and appealed within the 14 days. The parking Services have acknowledged my appeal, but they haven't answered it in writing as they said in the acknowledgement email. Today I've received Notice to Owner. What shall I do? Any advice, please!

NeverAgain_2

Could you link to which template you followed?

done_2

I wasn't allowed to use links in my reply by the administrator of this forum, so go to parking ticket appeals on moneysavingexpert's site, then to - fight unfair council parking tickets

and follow the informal parking fine appeal.

Good luck

done_2

Here is a link from pepipoo.com

This thread quotes paragraph 88 of the Traffic Management Act 2004...

"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."

Coupon-mad

done wrote: »

I have received a PCN on 9/05/11 and then followed the template and appealed within the 14 days. The parking Services have acknowledged my appeal, but they haven't answered it in writing as they said in the acknowledgement email. Today I've received Notice to Owner. What shall I do? Any advice, please!

You now send your formal reps and add the extra 'procedural impropriety' of not considering your informal appeal.

You have nothing to lose as I assume the NtO is now stating the non-discounted fine? You may as well appeal all the way to an adjudicator, as most people win and it costs no more. IF you lose you may be told to pay the fine, that's all.

Ask on pepipoo forums for advice and show them a draft of what you want to send as your formal appeal, a pic of the PCN front & back and all pages of every letter, including the informal appeal you sent. With all that paperwork and a draft of your planned reps, I am sure they can help you fine-tune your draft.

Post here after reading FAQs and sticky threads at the trop, also reading a few similar threads first is useful to get to know their forum etiquette:

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

HTH, do not just pay if you have already 'lost' the discount bribe at this stage.

Adam_D

Sadly if you've paid the money, they probably will just ignore all correspondance. Thats usually the way of these cowboys. Which is why I won't give them a penny in the first place. Although I appreciate its a bit more difficult if you've been clamped.

HO87

Adam_D wrote: »

Sadly if you've paid the money, they probably will just ignore all correspondance. Thats usually the way of these cowboys. Which is why I won't give them a penny in the first place. Although I appreciate its a bit more difficult if you've been clamped.

As this relates to a council-issued PCN rather than a PPC ticket your sentiments are somewhat misplaced. Perhaps you have posted in the wrong thread or I am I missing something?

done_2

Coupon-mad wrote: »

You now send your formal reps and add the extra 'procedural impropriety' of not considering your informal appeal.

You have nothing to lose as I assume the NtO is now stating the non-discounted fine? You may as well appeal all the way to an adjudicator, as most people win and it costs no more. IF you lose you may be told to pay the fine, that's all.

Ask on pepipoo forums for advice and show them a draft of what you want to send as your formal appeal, a pic of the PCN front & back and all pages of every letter, including the informal appeal you sent. With all that paperwork and a draft of your planned reps, I am sure they can help you fine-tune your draft.

Post here after reading FAQs and sticky threads at the trop, also reading a few similar threads first is useful to get to know their forum etiquette:

HTH, do not just pay if you have already 'lost' the discount bribe at this stage.

I was looking at some options for a reply to NtO and trying to find more detailed info in Representations and Appeals Regulations 2007 but I couldn't, so the only way to get real help is through the forums really, not through official legislations.

Thanks again

Coblcris

It was not an appeal, it was challenge to the PCN. Appeals go the adjudicator.
They don't have to reply according to the regulations but they do have to consider the challenge. IN practice this boils down to the council saying that they have considered them.
Having said that the council has given you a legitimate expectation of a reply so I would use that ground. If their policy is to hold the discounted amount while they consider the challenge then this gives you an additional ground.
Of course the PCN may be flawed, the NTO may be flawed: but we have not seen them.

The signage may also be flawed and the Traffic Order may be flawed.

HO87

I recommend that you post your query on the pepipoo Council Parking forum - Click Here. The advice you get will be far more detailed than here and will be tailored to your case.

done_2

[FONT=&quot]I received a PCN on the 09/05/2011 and sent a challenge by email back to the council on the 22/05/2011. I have since heard nothing back although I did receive a notice to owner on 30/06/2011. I understand the council has acknowledged that they did receive my challenge, as seen in the email bellow, dated from 23/05/2011, but have not responded to it as yet.[/FONT][FONT=&quot][/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]As a recipient of a PCN I can only be sure my representations have been considered if a reply is received. Otherwise it can only be assumed that they haven't been considered, and the authority is therefore in breach of its statutory duties.[/FONT][FONT=&quot][/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]For East .... Borough Council to demonstrate that they have considered the representations as the law requires it is logical to conclude that they must make reply, this view is shared by the Secretary of State for Transport and is made clear in his Guidance to which Councils must have regard.

The Traffic Management Act by virtue of s.87 instructs that Councils must have regard to the statutory guidance given by the Secretary of State. Due to this provision there is a statutory obligation on a Council to follow the Secretary of State's guidance which serves as a good practice guide. This guidance under paragraph 88 advises;

"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."

It is quite clear that the Secretary of State expects Councils to reply to informal challenges and expects them to do so within 14 days. It is my opinion that since the Sec of State's guidance is given legal authority by s.87 TMA 2004 then any failure to adhere to it is a "procedural impropriety" as described by regulation 4(5) of the The Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007;

"4(5) In these Regulations “procedural impropriety” means a failure by the enforcement authority to observe any requirement imposed on it by the 2004 Act, by the General Regulations or by these Regulations in relation to the imposition or recovery of a penalty charge or other sum and includes in particular—
(a)the taking of any step, whether or not involving the service of any document, otherwise than—
(i)in accordance with the conditions subject to which; or
(ii)at the time or during the period when,
it is authorised or required by the General Regulations or these Regulations to be taken;"

Considering the above I make claim that the Council’s policy as stated to me in writing by your appeals officers, is an unlawful policy to fetter consideration of informal challenges and is therefore a procedural impropriety as defined in regulation 4(5) above.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Regards[/FONT]

[FONT=&quot][/FONT]
[FONT=&quot]Thanks to all active forum users at pepipoo, I have made this compilation and sent it to the council.
[/FONT]