Mistake in Notice of Rejection of Representations letter from council

Joolsman

Hello,

An elderly disabled friend received a parking ticket after not renewing her parking permit. She normally receives a postal reminder, but the council have this year stopped posting them. She was parked outside her property for 3 hours, instead of the allowed 2.

I appealed to the council, but they refused the appeal. However in the Notice of Rejection of Representations, they made a mistake and wrote the name of a completely different road. The penalty ticket from the traffic warden and other letter are completely correct.

Does anyone please know if this road name error is grounds to appeal further to the Parking Adjudicator ? She could pay the council now £50. If she loses, she might have to pay £75. The letter is not very clear.

Thanks in advance for all your help.

Coupon-mad

Sounds like it is worth pursuing further. Almost all PCNs can be won on appeal, even Council ones. Surely this was only the informal challenge to the PCN, so she's not at Adjudication stage yet though. NTO stage next.

So, did you write the letter in your name 'for her'? Or did you write in her name?

Did you include a copy of her Blue Badge and ask for a reasonable adjustment due to the circumstances?

Joolsman

Many thanks for the reply Coupon-Mad,

I did write the letter on her behalf. Unfortunately, arthritis of the spine is not considered to be a large enough disability to obtain a blue badge. She was refused one.

I'm unsure however whether if we appeal to the adjudicator and we lose, will the fine increase to £75 (plus costs, the council letter states) rather than the £50 that the council will accept now.

I feel that I'm gambling with her money. She was parked for longer than the allowed 2 hours. Does the mistake in the letter sway the adjudicator to decide in her favour ? I have read that the PCN needs to be 100% accurate.

Thanks again.

Coupon-mad

I'm unsure however whether if we appeal to the adjudicator and we lose, will the fine increase to £75 (plus costs, the council letter states) rather than the £50 that the council will accept now.

If you appeal to adjudication, the penalty charge (non-discounted) applies which I take to be £50 from what you've said, no added costs. The discounted sum right at the start was £25 I think (check the PCN)?

£75 sounds like the blurb warning you about 'if you do nothing'. That does NOT apply if appealing.

Does the mistake in the letter sway the adjudicator to decide in her favour ? I have read that the PCN needs to be 100% accurate.

Yes it can do. They have to be right and a procedural impropriety (like misinformation from the Council) can kill a PCN.

You may want to post on pepipoo too, they are the experts (do not register a hotmail email!). YOU MUST show them the PCN, BOTH SIDES:

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

HTH