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Question on PCN: No73
AllSpent
Posts: 147 Forumite
I have been given a ticket which I intend to appeal . I won't bore with the details here (and yes, it was my fault...technically) but I would like some clarification on descriptor:73 "Parked without payment of the parking charge.
Said parking area offers the first hour free. Is this not a contradiction? If there is no requirement to purchase a ticket (albeit there is to display the unpurchased ticket - you probably guessed what I did by now) would that not mean I have been awarded a penalty charge that assumes a future event - the assumption that I won't be buying a ticket - which may not actually be in contravention of the prescribed fine?
In other words: am I pushing my luck a bit here?
Said parking area offers the first hour free. Is this not a contradiction? If there is no requirement to purchase a ticket (albeit there is to display the unpurchased ticket - you probably guessed what I did by now) would that not mean I have been awarded a penalty charge that assumes a future event - the assumption that I won't be buying a ticket - which may not actually be in contravention of the prescribed fine?
In other words: am I pushing my luck a bit here?
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Comments
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I'm assuming you're not in Scotland or N. Ireland, and the PPC is a member of the BPA (which PPC is it?).
You are not pushing your luck at all. Even Pay & Display requirements can be defeated - All covered in the Newbies thread .
But yes, you can appeal and (if you follow the advice on here) you WILL win.
It matters not a jot what actually happened on the day - you will be appealing on 5 key legalistic points... No GPEOL, No contract with driver, No standing to issue charges, Inadequate signage and non-compliant Notice to Keeper.
So wait for your NtK then put in your soft appeal. If it gets to the PoPLA stage then do post your draft PoPLA appeal on here for comment before you send it.
You'll be paying them nowt.0 -
Assuming it is a council jobby, that's a pay by phone non payment code, but cant understand how it would work if the first hour does not need paying for. Would need to see signage, however since it is a council PCN Pepipoo is the best place for this.
http://forums.pepipoo.com/index.php?showforum=300 -
@esmerobbo - thanks for the link.
@ ezerscrooge - Indeed, I am in England, London. It was a council 'jobby', and rather annoyingly, the ticket was given three minutes after arrival, and within four minutes of the warden spotting it. Part of my mitigation will be that there may well have been a chance to inform me of the alledged contravention, when considering the timeframe we are dealing with here.
Apropo the signage. This was another angle I was intending on. The whole information board for this section of the ticket is in bold, and does not highlight the, "...make sure you still get a ticket for under-an-hour bit..." This could, and should, be made much clearer, rather than a big "FREE" highlighting what a wonderful thing the local council are finally doing for us after charging through the nose...sorry...they're lovely people really.
Seriously though, thanks for the helpful advice folks.
I will certainly have a look at the advice on the site in more detail.
One more thing...should I make an informal on-line appeal, or just wait for the NtK to arrive?0 -
Follow the Pepipoo link - they're set up to help with Council tickets. We focus here on private invoices.0
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Ok, thanks.0
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