PCN - 2nd Appeal Turned Down - What Next?

JMMM

Hi Anyone,

Getting a bit concerned with a PCN I appealed last year with Chipside Ltd on behalf of the council.

Long and short was, I was due to pick my teenage daughter up from town Centre at 15:30 hrs. Parked in a retail car park at approx 15:25 hrs, which allowed you to park free, up to 1 hour.
The ticket machine did not work but I did not want to leave my daughter standing alone, so did not try the other ticket machines about 150 yards away.
I thought, I am only going to be 20 minutes, so well under the hour.

Returned at 15:44 hrs, to find a PCN (£50) for not displaying a ticket.

Appealed to say, that I had only been 20 minutes and ticket machine was not working and there were mitigating circumstances but they would not believe me. I appealed again after notice to owner letter arrived and asked them to check the car park CCTV video, which would prove my story of faulty ticket machine and only being away for approx 20 minutes.
They replied today, saying I did not display parking ticket and CCTV could only be accessed for a criminal offence and the PCN, is not classed as one.
They supplied photos of my vehicle with no ticket on display.

I am a bit aggrieved as I got back well within the free 1 hour period and had a choice of leaving my daughter for a while and trying the other ticket machines or not displaying a ticket and meeting my daughter on time.
Even so, I did not display a ticket but the machine was not working.

Don’t know what to do next. I am on zero income and ashamedly have to rely on hand outs from my wife for petrol, as I am unemployed and not eligible for any JSA or income support, due to my wife working part-time.
We have just had a newborn baby daughter as well and it is all rather worrying.
If I appeal again, will I have to go to court or what about bailiffs?

Would very much appreciate it, if anyone could anyone offer any advice about what to do next, please?

TrickyWicky

Who are Chipside Ltd and what is this connection with the council?

Is it a council car park or a privately enforced one? - If privatly enforced, why have you mentioned the council?

You need to provide us with more specific details before we can assist you further.

taffy056

Be specific here and I mean exact, so answer these questions please

1) does it say 'Penalty Charge Notice' on the ticket ?
2) Who is the appeal too, company or council ?
3) Who is payment too, council or company ?
4) Is a debt collecting agency contacting you ?
5) Are they threatening ccj's and so on ?


Please reply as your answers are vital for the correct advice

JMMM

Hi TW,

Thanks for your quick response.

It is a retail council car park and all the admin/correspondence for appeals, payment of fines etc, are dealt with by a company called Chipside Ltd, based in Wiltshire. They represent about 5 different councils located in the North West of England.

Orford

taffy056 wrote: »

Be specific here and I mean exact, so answer these questions please

1) does it say 'Penalty Charge Notice' on the ticket ?

Please reply as your answers are vital for the correct advice

or does it say 'Parking Charge Notice'. The difference is crucial

also does the top of the PCN mention either the Traffic Management Act or the Road Traffic Act?

taffy056

We cannot give you advice if you are not giving answers , is it penalty charge notice , yes or no ?

JMMM

1) does it say 'Penalty Charge Notice' on the ticket ? Yes
2) Who is the appeal too, company or council ? To council via Chipside Lancashire
3) Who is payment too, council or company ?
4) Is a debt collecting agency contacting you ? No, Chipside Lancashire
5) Are they threatening ccj's and so on ? Chipside Lancashire sent 'Notice of Rejection of Representation' on behalf of West Lancashire Council along with 'Traffic Penalty Tribunal form'. Also, a letter threatening that there may be extra costs if I do not respond or appeal agin, pushing it up to £75.

JMMM

Sorry

3) Who is payment too, council or company ? Payable to Chipside Lancashire, on behalf of West Lancashire Council

vax2002

Please GET THE TICKET
Sit at the computer, DO NOT MOVE
+ Answer questions as they are asked.
This is a INSTANT help forum, your answers will appear in seconds from the parking experts.
Once you have the ticket in your hand and all the paper work
type THREAD BUMPED and hit post and stay put and be prepared to answer the questions without confusion, stories, excuse or explanations. Just answers !
see you soon

TrickyWicky

Now, I'm not sure that this is legal.

3 years ago I attended a meeting for a regional parking group with reference to the Traffic Management Act changes and it was made quite clear that the processing of PCNs was limited to in house council parking departments.

External contractors can be used for enforcement (EG Patrolling and putting PCNs on cars) but they were not allowed by law to offer any back end parking office service with regards to processing PCNs and appeals.

That may have changed since but it's something you should look into very seriously because the people who were giving us this training were experts in the field and knew all sorts of stuff that my managers denied and had to learn about on the day.

If that ruling still stands, your PCN is invalid and cannot be enforced by anyone but the council themselves. Look into it. You'll need to check out the Road Traffic Act and the Traffic Management Act.

If you go to pepipoo, please don't take the "They can't do that cos blah blah" answers from amateurs (like those who say yellow line tickets aren't valid if your wheels don't touch the lines) but see if you can find someone who is a legal expert in the field.

taffy056

Okay thanks for the info

Now you have a real pcn from a council, you need the help of the experts in this field over at https://www.pepipoo.com , go to the council section of the forum and register and place a new thread there. They will need to see scans of all paperwork just doctor the images of your personal details on them. If you can't scan use a digital camera, then upload them to https://www.photobucket.com and place links in the new thread.


Answer all questions that are asked, and please do this quickly as you are on a time frame here.