PCN, forgot to scratch off date on the afternoon ticket

wheelag75

I was visiting my brother who is given a supply of Visitors' permits bu Reading Borough Council. You need one for the morning and one for the afternoon. I had scratched off PM on one one and AM on the other, scratched off the month of August and the date of the 24th. On the AM permit I scratched off the year 2013 but forgot to do this on the PM one. I have got a PCN for this. I appealed but was unsuccessful because " this rule is enforced to ensure that motorists do not use the same permits for longer than permitted". Surely if I still have the ticket and send it back to them I can't use it again can i? As if I was planning on hanging onto it for a year!

THe letter I have says that if I still wish to dispute this PCN THe DVLA regsitered keeper wil be sent a Notice to Owner who may make formal representation against the PCN. THe Notoce to Owner will only be sent if the PCN remains unpaid in accordance with the abocv ACT. Consideration wil be given to any formal representation and, if the Council decides to reject the registered keeper's formal representation they may appeal to the Independent Adjudicator. THe registered keeper can only appleal to the Independent Adjudicator when this statutory process has been followed.

What does that even mean? There is nothing on the letter that tells me how to proceeed if I wish to dispute this. Is it even worth it?

Any advice gratefully received!

Umkomaas

As this is a Council PCN it is probably better you post your query on Pepipoo as they have a dedicated forum section dealing with Council Parking Tickets and will have the expertise on there to help you more specifically.

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

Hope you can get some good advice for your problem. All the best.

Coupon-mad

wheelag75 wrote: »

I was visiting my brother who is given a supply of Visitors' permits bu Reading Borough Council. You need one for the morning and one for the afternoon. I had scratched off PM on one one and AM on the other, scratched off the month of August and the date of the 24th. On the AM permit I scratched off the year 2013 but forgot to do this on the PM one. I have got a PCN for this. I appealed but was unsuccessful because " this rule is enforced to ensure that motorists do not use the same permits for longer than permitted". Surely if I still have the ticket and send it back to them I can't use it again can i? As if I was planning on hanging onto it for a year!

THe letter I have says that if I still wish to dispute this PCN THe DVLA regsitered keeper wil be sent a Notice to Owner who may make formal representation against the PCN. THe Notoce to Owner will only be sent if the PCN remains unpaid in accordance with the abocv ACT. Consideration wil be given to any formal representation and, if the Council decides to reject the registered keeper's formal representation they may appeal to the Independent Adjudicator. THe registered keeper can only appleal to the Independent Adjudicator when this statutory process has been followed.

What does that even mean? There is nothing on the letter that tells me how to proceeed if I wish to dispute this. Is it even worth it?

Any advice gratefully received!

The NTO is the second stage appeal by the owner/keeper. Then comes adjudication. The odds are in your favour because most people win at adjudication.

IMHO everyone should appeal any Council PCN all the way to adjudication and stop folding and paying just because the Councils offer a bribe of a 'discount' to pay up and shut up.

You should win your case particularly IF the Traffic Order ('parking restrictions & contraventions' document, basically) for that place, obtainable from the Council, doesn't require the year to be scratched out on these permits. Could be the case that the Order doesn't even create this as a contravention at all. It's not about what the permit or the rejection letter says, it is only about what the Order says. Even if it does, there are other grounds such as quoting key cases where adjudicators have decided before that this isn't worth a PCN when the motorist has clearly not set out to avoid paying/using the permit properly.

Pepipoo will help you but do not post there without pictures or scans of the front & back of every document and letter. Read a few other threads there first.

wheelag75

Thanks for the advice. Much appreciated!