does the 56 day rule apply to us

shmelvis

Hi Guys

I have never posted before but often looked at this site and fought two PCNs with successful outcomes after reading other posts from your very helpful fans.

Please can you help as I'm not sure if the 56 day rule applies to us.
My son parked his car in a free car park but did not get a ticket that allows the 3 hour free parking. He was helping his brother (who has aspergers syndrome) to go to play golf on the local course and completley forgot to get a ticket. When they returned, there was a PCN on the windscreen. This happened on 1st August 2011.

We wrote to the local parking office on 8th August explaining the circumstances and asked them to cancel the PCN. We heard nothing at all until we got a letter yesterday 29th November saying that the PCN was issued legally as a valid ticket was not on display in the car. The letter said that we still can pay the PCN at a reduced rate in the next 14 days. If they don't hear from us, they will assume that we wish to persue the matter and shall arrange for a Notice to Owner be sent to the registered keeper so that formal representations can be made. On the expiry of the discount period, we will forfeit the right to pay the penalty charge at the lower rate and the full £50 will be due.

As it is well over the 56 days since we sent the letter and we have thrown away the evidence of the golfing fees as we assumed the PCN had been cancelled, can we now write to the issuers again and say that as they took more than the 56 days to reply, the PCN must be cancelled.

Please help!

Sue
An avid MSE fan

Orford

There is no statutory period within which a council must reply to an informal appeal. The 56 days is the period within which the council must respond to your formal appeal after you have received the NTO.

peter_the_piper

To get help with the formal appeal to the NTO go to pepipoo.com. Take pics of both sides of the pcn and the letter of rejection. host them on tinypic and see the stickies on that site for details on how to post them on there. Remove identifying bit but leave dates. Pics of signs and writing on machine would also help.

shmelvis

Hi Orford and Peter-the-piper

Thanks for your replies. Do you think the best thing to do then is just pay up at the discount rate?

I thought we had a case with the 56 day rule thing but are there any other grounds re a time limit for their reply that we can argue with?

Thanks again
Sue

shmelvis

Hi,

My husband parked his car in an unmarked area behind a row of marked bays. A car had just vacated the spot so my husband parked there. It was a Sunday. He didn't check the road markings. When we returned to the car, he had a PCN.
The wording on it says " parked in a restricted street during prescribed hours". There is a restriction on the street that is valid Monday to Saturday and between 9am and 6.30pm. I think the space he was in used to be a proper marked space and the area looks like it should be a valid space as it is also on the same type of paved surface but the lines were not very visible.

Can we get the PCN cancelled because the contravention wording is wrong?
BTW, he parked there because he was the (unpaid) main attraction at the Christmas lights switch on in our town and was parking there so we could unload and keep the car close by. The space reserved for him was already used by a christmas shopper. If we don't get this PCN cancelled we will be invoicing the manager of the council.

Thanks again in advance for your help
Sue

Coupon-mad

shmelvis wrote: »

Hi Orford and Peter-the-piper

Thanks for your replies. Do you think the best thing to do then is just pay up at the discount rate?

I thought we had a case with the 56 day rule thing but are there any other grounds re a time limit for their reply that we can argue with?

Thanks again
Sue

No, don't rush to pay it just yet! That's not what they said although you my decide to do so once you have sought the help of pepipoo posters:

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


Pepipoo can tell you if there are grounds for appeal. Did you throw away the PCN (never a good idea)? Pepipoo help most people get off most PCNs but they will need to see pics of your paperwork (both sides of the PCN, the rejection letter and if you decide to fight it formally, the NTO in due course).

You can make a decision about whether to formally appeal or pay once pepipoo have advised you. Just register, read the FAQs such as 'how to post pictures' and start your own topic. You have nothing to lose.