Have I got a leg to stand on?

Marisco

I'll try and keep this short! Last week oh got a PCN which we challenged, on the grounds that the signs were not visible or clear where it was referring to, i.e one sign was up an alleyway and another we thought referred to the road (this was a little lane off the road) There were no road markings or parking bays to say it was residents only or pay and display.

Anyway we got a letter off the council rejecting our challenge and saying that we can pay £25 within 14 days or £50 after (this was written twice) The person who served him said it should be £35, so she phoned someone and then came back and said to oh, yes that's fine £25. So he paid up.

Got a call off the council today, saying that we owe them £10 and I replied that we paid what it said on the letter, and she said it was an administrative error. My argument was that we paid in good faith so if it's their fault, then they should take the hit. My question is, do I have a "case"? Has anyone been in this situation? I'm quite willing to go to court on it, but what are my chances of winning? I'd represent myself but don't want to be lumbered with costs!!

I know it's only a tenner, but I don't see why we should pay for their mistakes, especially as the original IMO PCN shouldn't have been levied in the first place, as the signs were so ambiguous! Sorry, it was longer than I thought!!

The_Slithy_Tove

If you have a letter saying £25, and that's what you have paid, then end of story, IMO. It's their error, and therefore their problem.

You might like to check out what the folk on pepipoo.com have to say on the matter in the Council Parking Tickets & Clamping and Decriminalised Notices forum (start a new thread, and you'll need to post up scans of all the paperwork, scrubbed of your personal details).

Marisco

The_Slithy_Tove wrote: »

If you have a letter saying £25, and that's what you have paid, then end of story, IMO. It's their error, and therefore their problem.

You might like to check out what the folk on pepipoo.com have to say on the matter in the Council Parking Tickets & Clamping and Decriminalised Notices forum (start a new thread, and you'll need to post up scans of all the paperwork, scrubbed of your personal details).

Yes, that's what I said to her, she said she'd log my refusal into the computer and pass it to her supervisor. I'll try that forum, thanks.

Coupon-mad

You must carry on appealing, you will be sent a Notice to Owner and it will suggest that £45 is now outstanding (the tenner plus the extra £35).

Go to pepipoo for help and formally appeal the whole thing. You may well get the amount you paid refunded at adjudication as you can claim that the letter was misleading and the Council have committed a procedural impropriety.

Don't pay, it's a matter of principle that this should be cancelled by any adjudicator IMHO, the Council have shot themselves in the foot but you have to follow the statutory 'Notice to Owner' then adjudication appeals procure to get this overturned as it won't just go away. Keep your new pepipoo thread up to date each time you need more advice and DO NOT ignore any letters.