PCN broke down at a garrage

arielcohen

So the day came, and I received a letter in the mail saying my appeal was denied.

The news kind of shocked me, since I was expecting a win.

The adjudicator said
"Mr Cohen has it would appear to me, examined the internet and referred to earlier decisions of the adjudicator. There do not serve as binding precedents and I do not consider they compel me to allow this particular appeal."

"I have no accepted that any battery fault justified bay occupancy where reported"

"a car that has broken down should be moved to lawful parking at the first reasonable opportunity not moved to where it risks a penalty charge notice"
I don't know why he thought I moved the car, I told him that as i was approaching the garage my car stalled and i had to pull up then and there.

"mr Cohen has explained about the battery leading to stalling which is unusual reason for stalling"
I never said the battery was the reason I stalled, the reason I stalled was because I was in the wrong gear! the battery problem meant I couldn't restart the car.

"taking the evidence overall i have not seen the case as one covered by the breakdown exemption"

"proof of any claim to an excemption is a burden resting on the motoris and the evidence here fails to satisfy me the breakdown exemption properly applies"

At this moment im quite upset because it certainly wont be easy to come up with £110 but also i feel that the decision was unfair.

I think that the adjudicator didn't like me taking that quote from another adjudicators decision.

Is their another appeal process, do you think his decision was fair? will i have to pay the full £110

Greatly appreciating your help

AC

esmerobbo

Reading between the lines I think the adjudicator didn't believe you're version of events.
You could ask for a review but on what grounds?

Don't let the penalty get to enforcement or it could cost you a lot more!

Coupon-mad

I think your only option would be to pay or to seek a review if the adjudicator 'erred in law'. The paperwork should tell you how but I am not sure it will work as it could be said he has just come to a decision that you disagree with.

Did the adjudication service not offer a telephone hearing, if I assume you couldn't make it in person? It's too late for this one now but adjudication is best dealt with personally as you could have answered the points as he raised them (like you have here) and he could have seen you sitting before him as an honest and reliable witness, rather than form the wrong opinion of you that he did on paper.

Trebor16

Have you posted this on www.pepipoo.com? They will be able to assist with how to appeal an adjudicators decision.

arielcohen

I will try the website you suggested, thanks

I didn't know their was such a thing as a telephone hearing, don't know when I will ever get to this stage again but if it does happen that is definitely something I will do.

Thanks again, appreciate the advice.

arielcohen

End result after speaking with the people at pepipoo was that i should pay the fine as their was nothing else i could do short of going to court and risking more fines.

Thanks for all your help guys, guess barnet won this round.

Alexis27

How did you phrase your appeal? It seems he's misunderstood by the sounds of it?

Other adjudication findings do not set precedents, but are useful persuasive arguments. He comes across as terse, but he is just stating the facts.

Coupon-mad

I think it was the unfortunate combo that the garage wrote the first basic letter, didn't they? (always write your own or stand over the third party & dictate it!) and then the final hearing not being in person or by telephone.

So arielcohen's side of the story wasn't really heard in the 'question & answer' way that we got all the details on here. Shame.

arielcohen

I asked the adjudicators office after I had already lost if I was allowed to telephone in to the hearing and was told that it wasnt set up in my area. Your right I think that it was a combination of bad luck and bad choices that ended up with this result.

One thing I don't understand is that most people that actually have to pay the parking ticket pay the reduced amount of 50% so why do they go on and say that appealing to the adjudicator shouldn't cost the appellant anything? This idea was placed so that people wont be put off appealing a wrongful ticket, I had the opportunity to pay the reduced amount beforehand but i thought my case was strong and so i went ahead and appealed. In the unfortunate even that i get given a wrong ticket next time, i will probably not go ahead with appealing since the cost effectively doubles and that is clearly a barrier to justice.

For those that are going to say some BS that the amount doesn't change, at the end of the day its exactly the same thing. People that feel they were wronged might not appeal because of the 'increase' in cost.

TrickyWicky

arielcohen wrote: »

One thing I don't understand is that most people that actually have to pay the parking ticket pay the reduced amount of 50% so why do they go on and say that appealing to the adjudicator shouldn't cost the appellant anything? This idea was placed so that people wont be put off appealing a wrongful ticket, I had the opportunity to pay the reduced amount beforehand but i thought my case was strong and so i went ahead and appealed. In the unfortunate even that i get given a wrong ticket next time, i will probably not go ahead with appealing since the cost effectively doubles and that is clearly a barrier to justice.

There is no duty on the authority to let you pay the 50% after a loosing appeal. The 50% is a gesture for those who know they've been banged to rights to pay up early and be done with it.

That said, most adjudicators will usually provide for the appeallant to have the 50% 14 day limit reinstated but it isn't a right.

The reason why people say it won't cost you anything is because you have a debt - a PCN. If you loose the appeal you still have that debt so its not cost you anything more than time. IF you win you loose it. Because the 50% is only a gesture you shouldn't be looking at it as a loss if you appeal and are unseccessful - it's like classing overtime as a guaranteed income and taking a mortgage based on it- daft.