Council PCN. - Notice of Rejection

James_Bond

Hi there,

Have posted similar on pepipoo, but I think it'd be best if I posted here to gain more replies.

Basically my mate received a parking ticket whereby the council had mis-calculated the (28-day) date of appeal and the (14-day) date of the reduced rate - by one day.

Please see: http://forums.pepipoo.com/index.php?showtopic=68077

He has since received a NOR from the council :
http://img401.imageshack.us/img401/7349/norw.jpg


Basically I am in the process of drafting a second informal appeal - although I'm told I need to make it 'heavier.' I am basically looking for additional patas/TPT cases to strengthen my appeal.

Here is what I have wrote so far. Any comments/ feedback and suggestions would be most appreciated

Dear Sirs,

This is a challenge to PCN: XXXXXXXX which was issued to myself on the 28/01/2012.

I am appealing on the grounds of 'procedural impropriety' ; whereby my legal position has been misstated by the council.

First of all, in my recent 'Notice of Rejection' from yourselves, you stated that you considered the 29 day payment rule to be 'open to interpretation' whilst failing to address the quoted implications of: Section 4 (1)b, of the The Civil Enforcement of Parking Contraventions (Penalty Charge Notices, Enforcement and Adjudication) (Wales) Regulations 2008

In addition to:

Section 3 (3) a of The Civil Enforcement of Parking Contraventions (Representations and Appeals) (Wales) Regulations 2008.

"(a) that representations on the basis specified in regulation 4 against payment of the penalty charge may be made to the enforcement authority but that any representations made outside the period of 28 days beginning with the date on which the notice is served (“the payment period”) may be disregarded;"

I would have been interesting to note your stance should I have made representations on 25/02/2012 - 29 days from the date of alleged incident; when the above statue law states that you would have every right to disregard any such representations. What would stop you from providing me with 33 days to appeal , 33 months, 33 years? This statue law is absolute.


Furthermore to my appeal, I would like to bring to your attention the following case.

London Borough of Wandsworth v Al's Bar and Restaurant
Case Number: 2020106430 Penalty Charge Notice: WA04516186
66 (3) of the Road Traffic Act 1991.
"'(3) penalty charge notice must state-
grounds on which the parking attendant believes that a penalty charge is payable with respect to the vehicle;
amount of the penalty charge which is payable;
the penalty charge must be paid before the end of the period of 28 days beginning with the date of the notice;
if the penalty charge is paid before the end of the period of 14 days beginning with the date of the notice, the amount of the penalty charge will be reduced by the specified proportion;
if the penalty charge is not paid before the end of the 28 day period, a notice to owner may be served by the [London authority] on the person appearing to them to be the owner of the vehicle;"

In which the adjudicator concluded:

"Although it may seem that this case is unmeritorious, as it is based on technical argument, the law is clear.
It follows that I allow this appeal."


I also refer you to the case:

Lukha v Aylesbury Vale District Council
Penalty Charge Notice: AY00350448

In which the following was addressed:

"Paragraph 4 of Schedule 6 of the 1991 Act requires that a Notice of Rejection “must (my emphasis) state that a charge certificate may be served under paragraph 6 unless before the end of the period of 28 days beginning with the date of service of the notice of rejection” the recipient pays the penalty charge or appeals to the adjudicator. Therefore again the council have failed to comply with a mandatory requirement of the Road Traffic Act 1991."


Interestingly in your Notice of Rejection, you stated that you do not believe providing an additional date to pay and/or appeal was in anyway prejudicial to my position.

You should be aware that National Parking Adjudication Service have themselves stated:

"that this inaccuracy produces a real possibility of prejudice to the appellant; it need not be shown that actual prejudice was caused"


It is certainly clear to myself, and in all the relevant adjudicator decisions that I have researched, that the PCN you issued me with is invalid and thus unenforceable. I have already dedicated a fair and reasonable time in putting forward my appeal, and have quoted enough relevant cases and statutory law to substantiate my findings beyond all doubt.

As a result, should you decide to attempt further enforcement of this PCN, I shall personally deem the councils behaviour as frivolous, vexatious and wholly unreasonable. Such behaviour would be reported to the independent adjudicator, whereby I would press to seek compensation for expenses in defending this PCN further.

As a local taxpayer residing in your County, I would strongly suggest that you pass this challenge to your legal department for consideration before you reply.

Yours Faithfully,

XXXXXXXXXXX

peter_the_piper

With the best will in the world I doubt you will get better advice than on pepipoo. Post the letter on there for them to pick over.

give_them_FA

My experience in many such cases is that you are banging your head against a brick wall trying to get any sense out of a Council. They are similar to the PPCs in that they won't readily let go of the dosh. (Unless they are the council TrickyWicky worked for, LOL!)

Usually any procedural irregularity is fatal to a PCN. Just take it straight to the tribunal instead of wasting time and effort arguing with the monkeys. You have nothing to lose except the costs of attending.

On second thoughts send the letter, but just as a letter, in parallel with an appeal to the tribunal. If they uphold your appeal, you could try for costs on the grounds that you'd put the Council on notice and they should have known that they couldn't oppose the appeal.

Coupon-mad

You have to jump through the Council appeal hoops before you can go the PATAS or TPT anyway.

give_them_FA

Of course. Sorry, misread the OP.