Pay by Phone error leads to PCN

Momus

I parked a hire car in a Barnet council car park I usually use near work and used the required pay by phone method as normal. Unfortunately I zipped through the options quickly and inadvertently registered my normal car (which was off the road being repaired after an accident). When I return after work I found a ticket on my windscreen. That night I used Barnet's website to register an informal appeal and explain what had happened. Nearly two month's later I got a letter saying they wouldn't cancel PCN because they couldn't find a record of my own registration number being received on that day.
I then sent via email a scan of my credit card statement which clearly shows I paid for parking on the day in question and asking them to look again. I also phoned up the next day and spoke to someone who confirmed that I would be sent the notice to owner and not the hire firm.
They have now written, nearly three months after the event, saying they will not enter into any further correspondence until the Notice to Owner has been sent. This clearly disadvantages me: the grounds for making a formal representation are contained in the notice to owner (which I've not had and potentially might not receive because it was a hire car); this will potentially increase the risk of a higher charge.
But, to get back to the main point - I did actually pay for my parking on that day and have proved it via a credit card statement. I have admitted I may have made an error in inputting the data too quickly via pay by phone. Bit frustrating really! Any advice would be welcome.

Dee140157

First since it is a hire car you have done the right thing and identified yourself as driver. They do not need to send a notice to keeper (I.e. Owner) as all the hire company then has to do is discharge the debt by naming you as driver and probably charge you too!

Since this is a council car park, you would be better posing over on http://forums.pepipoo.com since they are the experts with council parking charge notices as opposed to private ones.

I would expect with their help you would have a very high chance of a successful appeal.

Coupon-mad

First appeals are routinely declined so you have to forget the discount - that's the 'game' Councils play, well known on pepipoo. They refuse because they can, and because they know lots of victims/idiots then pay up, thinking they don't want to risk the full penalty amount (even though in fact most appeals to adjudicators, do win).

Here's the usual key case to cite when it comes to formal appeal to the NTO and adjudication if the Council don't see sense (albeit you will be appealing to PATAS, not TPT, as yours is in London):

http://www.trafficpenaltytribunal.gov.uk/downloads/BM07586G_1_.pdf

So get hold of the Traffic Order while you await the NTO. You can get a Traffic order for free as it's a public document. It may already be linked on the Council's website but if not then email them for it. You can see from the linked key case decision (which was adjudicated by Caroline Sheppard the Chief Adjudicator herself) that much depends upon the wording of the articles in the traffic order for the car park or road you parked in.

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

The above is the pepipoo forum in which to start a new topic with pics of the PCN (BOTH SIDES!) and what you said by way of appeal, and what their letter said (a pic of it, not a transcript by you). A pepipoo thread will get answers if it has photos of the documents. I post there as SchoolRunMum but there are plenty of experts who may spot more to add to your formal appeal.

It's always worth appealing a Council PCN all the way IMHO, so if you have that mindset and open your eyes to the fact you were ALWAYS very likely to get a rejection at stage one, you will see that the discount meant nothing at all anyway since you weren't going to pay at that stage.

The fact it is a hire car is only a problem if the Hire Firm don't pass on your name and address as hirer. Check with them now what their policy is re Council PCNs, if they get an NTO do they pay it and charge you(!) or do they name you as the hirer? Is there an admin charge for that and do they then refund that admin charge if you can later show the PCN was successfully appealed? All questions to ask your Hire firm now so you know where you are. Do this by email so you have a paper trail of what the Hire firm says, NOT by telephone!