No parking ticket on screen, letter received from council

NICOLAWB

As above, I have received a 'Notice to owner' from the council re a ticket I never received. I admit I was parked wrongly at the time the ticket was issued but had I received the original ticket would have paid the lesser price. can anyone advise best way to go about this? Write to them explaining this enclosing the original fee rather than double fee they are now requesting? TIA X

Coupon-mad

Yep, the best thing would be to appeal it all the way to adjudication. Most people win who see it through, and without a PCN you have not even been given the chance to pay a lower amount. So you may as well appeal through to the end as the cost is the same, it does not go up as long as you meet the appeal deadlines. And chances are you may end up paying nothing.

The best course of action for you today is to register and post a thread on pepipoo with a pic of the NtO:

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

Read some other threads for an idea of how the forum helps people in your shoes. And read the FAQs such as 'how to post pictures'.

HTH

LittleJo

Hi,
Write to council explaining what has happened, ask for their picture of ticket on windscreen.
Then tell them that an 'ill-disposed person' removed it and offer immediate pament of the lower payment.
Then follow advice above from previous post.
Jo

Coupon-mad

LittleJo wrote: »

Hi,
Write to council explaining what has happened, ask for their picture of ticket on windscreen.
Then tell them that an 'ill-disposed person' removed it and offer immediate pament of the lower payment.
Then follow advice above from previous post.
Jo

Got to disagree about offering the lower amount right now. The OP would look pretty stupid rushing to write and offer payment if he then posted on pepipoo and found (for example) that the Traffic Order was known to be flawed and a slam-dunk win!

Pepipoo first.

TrickyWicky

Coupon-mad wrote: »

Yep, the best thing would be to appeal it all the way to adjudication. Most people win who see it through

Seriously what planet are you on?

We had HUNDREDS of motorists claim this where I used to work, man would go to adjudication and they would loose.

Sure the odd few got lucky but not many and if the council don't have a photo of it on the windscreen the PCN is as good as cancelled.

If they do have the photo then the driver has to prove that it was removed by the council or someone else.

Coupon-mad

TrickyWicky wrote: »

Seriously what planet are you on?

We had HUNDREDS of motorists claim this where I used to work, man would go to adjudication and they would loose.

Sure the odd few got lucky but not many and if the council don't have a photo of it on the windscreen the PCN is as good as cancelled.

I am clearly on the planet and in the very Country where Caroline Sheppard urged Councils to 'show common sense' about parking contraventions and appeals:

http://www.telegraph.co.uk/motoring/news/8052777/Parking-tribunal-chief-tells-councils-to-show-common-sense.html

Scroll down to the bottom to see the % of winning appeals in the 'top' areas where motorists win at adjudication.

I think around 60% is the average winning rate for motorists at adjudication - it's often broken down into local areas on Adjudicator newsletters and Reports. Maybe you could Google for a Report for the area where you were a CEO? You'll be surprised.

TrickyWicky wrote: »

If they do have the photo then the driver has to prove that it was removed by the council or someone else.

That is utter rubbish!

TrickyWicky

So you're going on statistics published in the paper for just 10 authorities? - Thats like chineese whispers. There are far more than 10 authorities operating SPAs across England. Not only that, (I only skim read it) but I didn't see those statistics specifically referring to missing PCNs that were not found on the windscreen (as I say I skim read it so maybe I've missed something).

I know two of those listed and have heard that they are pretty rubbish at appeals so from that POV you are indeed correct. That doesn't mean they're all that bad though. I know one of the authorities where I used to work would sometimes cancel PCNs just at the threat of an appeal. They didn't like it for appeals as it could affect their win statistics if it was a dodgy one. Rumour had it that we also lost money on bad appeals too but that was just a rumour.

Coupon-mad

No, you don't read people's posts properly do you?

I said the average across ALL areas is around 60% success rate and you can check that from Parking Adjudicator's newsletters and Annual Reports. I suggested you search for one for your local area.

http://localgovernmentlawyer.co.uk/index.php?option=com_content&view=article&id=4381%3Aparking-adjudicator-attacks-zero-tolerance-approach-to-minor-cases&catid=64%3Atransport-articles&q=&Itemid=32

'In 2009 the Tribunal received more than 12,000 applications seeking to overturn parking tickets. These appeals were upheld in more than 60% of cases.'

And where did I say that you can win an appeal just by saying no PCN was served, you can't win on those grounds if the Council have photos. So there would not be stats issued by the Chief Adjudicator re those cases. But you can win on other grounds - why not read the latest Chief Adjudicator's report and look for successful appeals in the area you used to stalk? You would be amazed how many win, or are not contested.

[Deleted User]

1% of cases go to TPT, 50% are upheld. Learn your facts before you post!

If you want to pay at reduced rate then you just need to write a nice letter and explain you didn't have a PCN. They will most likely accept.

If you start with the TRO is not valid and then find it is and then do the above you will not win!.

You know best!. Watch who you listen to on here please.

[Deleted User]

Also I must say adjudicators mood does count, they just decide what they feel like. You can complain but that case is either lost or won no going back. Some are really stupid about things!. They do have a procedure and rules, but they do as they like...

Coupon-mad

assj wrote: »

1% of cases go to TPT, 50% are upheld. Learn your facts before you post!

If you want to pay at reduced rate then you just need to write a nice letter and explain you didn't have a PCN. They will most likely accept.

If you start with the TRO is not valid and then find it is and then do the above you will not win!.

You know best!. Watch who you listen to on here please.

I disagree about your % upheld. The figure for 2010 was similar to 2009 at around 60% upheld.

And I was not saying start with 'the TRO is invalid' - how can I know because the OP has not said where this happened! I clearly gave that as an example of why a person would not be well advised to rush to offer to pay!

I said, SIMPLY, 'go to pepipoo first'. And 'most people win at adjudication'. TRUE.