PCN Appeal/Rejection help

joestotes

Hello there,

I’m looking for some help regarding a PCN I recently received.

I’m a blue badge holder and commute into London everyday from London Borough of Bexley, using a train from Albany Park station. I park there for free and on one occasion I forgot to display my blue badge and correctly received a PCN in return, but I felt I had solid grounds to appeal.

My appeal letter was as follows:

“26 March 2012

Challenge to PCN: XL43338571

To whom it may concern

I hereby write this letter to challenge the Penalty Charge Notice I received on 21st March 2012 at Albany Park Station for being “parked in a designated disabled person’s parking place without displaying a valid disabled person’s badge in the prescribed manner”. While I do not deny this occurring, I would like to challenge the notice and ask for reprieve on this occasion for a number of reasons.

Firstly, I would like you to note that I do hold a valid disabled person’s badge and the evidence of this is attached.

My disability is Hemiplegia a form of Cerebral Palsy. Although I’m not proud of this fact, my disability comes with short term memory problems and lapses in concentration, I continue, as I have done all my life to try and fight these problems but as I’m sure you’ll agree, when rushing in the morning to get ready for work and make a train, it can be very easy to forget minor things like displaying my disabled badge, even when in the best of minds.

I have no choice everyday but to drive to the station and it is feasible, although I make no habit of it that I may forget to display my disabled badge. I’d like you to know that since this occasion, I have taken action to secure my disabled badge on my windscreen on a permanent basis to stop this from happening again.

I’d also like to raise the suggestion that, (as said previously I use this car park, more or less on daily basis) the enforcement officer involved in this PCN probably recognised my car, as I park in the same spot everyday. Would it not be possible, sometimes, to just issue a gentle, humane reminder that I’d forgotten to display my badge, just once?

As I say, the above is a suggestion and I’m sure you have many reasons for why it is not plausible.

I hope that after reading my letter and summing up my challenge that you can find it in yourselves to waive this charge on this rare occasion.

A copy of my disabled person’s parking badge is attached. If you would like further evidence from a GP on my short term memory lapses please let me know.

Thanks in advance for your consideration.”

On the 10th April 2012 I received a rejection letter containing the following:

“1: CASE POINTS OUTLINE:

You write in to say that because of your medical condition you get sometimes get forgetful and this is how you neglected to display your blue badge when you parked your car in a disabled bay.

2: REASONS FOR COUNCIL’S DECISION:

I note your comments, unfortunately, disabled badge holders do get special concessions for parking which other drivers do not have. This PCN was therefore issued correctly and i am not able to cancel it.

The Council is satisfied that the PCN was correctly issued and served by the CEO in accordance with legislative requirements and best practice guidance, and whilst we have noted your comments regarding the circumstances surrounding the issue of the PCN, neither sufficient grounds nor mitigation have been demonstrated to allow cancellation of the penalty charge.”

I now have a week to pay the fine at a cheaper rate, or I have the choice to wait for an NtO and fight against what I believe is a very unfair issuing of a fine. What should I do??

Your help would be greatly appreciated.

give_them_FA

Fight it all the way. The Adjudicator will take a sensible view of it even though the London Borough of Bexley are a bunch of heartless c*nts. Sorry but it is true. I have dealt with them before, they would turn down their own grandmother.

Oh, and I believe they have a local rag there, contact them. Surprising how often things are reconsidered when a council realises that its actions will be held up for wider scrutiny.

But do appeal it. Totally unfair, don't pay.

ManxRed

They are 'not able to cancel it' - complete and utter lies and they know it. They have the discretion to cancel ANY PCN for any reason they like.

Register on PePiPoo, and post up the PCN and the letters there, they have some very good council PCN people on there and can help you prepare an expert appeal for the NtO.

joestotes

Cheers guys.

I like the first line on point 2 of their rejection, the way I read it, they're saying it's unfortunate that disabled people get special concessions!

So if I do choose to fight, what's my next step?

give_them_FA

Yes, councils ARE given to telling lies. Perhaps they have performance targets or something and are prepared to sell their soul to achieve them.

Obviously the issue of the PCN wasn't wrong if the OP forgot to display the badge; but the cancellation, once he proves he HAS a badge and is medically forgetful, should have been immediate.

I would have said that this case is totally open and shut and the PATAS adjudicator will cancel it in two minutes flat.

By all means take it to pepidoo, but I would be surprised if they think there is any need to rely on technicality on this one...

answer to question, wait for NtO and make official appeal. Worth following up local paper angle if you want, I have seen Council in my area cancel many PCNs when taken to task by the local paper...

joestotes

So basically I don't do anything now until I receive the NtO??

give_them_FA

Not much you can do. The Council have turned down your informal challenge so the nextr step is an appeal from the Notice to Owner.

joestotes

Which will turn up in a month or so's time?

give_them_FA

About that.

Coupon-mad

ManxRed wrote: »

They are 'not able to cancel it' - complete and utter lies and they know it. They have the discretion to cancel ANY PCN for any reason they like.

Register on PePiPoo, and post up the PCN and the letters there, they have some very good council PCN people on there and can help you prepare an expert appeal for the NtO.

Seconded. Register on pepipoo and post a new topic with pics, they can help you all the way.

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

HTH