pcn disabled parking bay

edited 30 November -1 at 1:00AM in Parking Tickets, Fines & Parking
5 replies 701 views
Tom_cTom_c Forumite
3 Posts
Hi everyone
so its the pcn war i got a pcn when parked in a disabled bay . i was helping out in a charity shop when i took ill with a debilitating migraine the shop staff booked me a taxi home where i stayed for 3 days on my return i noticed a pcn on my car (no time limit on the bay ) but i did see a dent in the side where someone hit me when i opened the door my disabled badge was part on the floor and part on the seat so i did what i belive was right i contacted the pcn people and lodged a complaint (why ) well this section of road is monitered 3 times a day and my ticket was issued on the day i returned at 15.00 ish so the ticket was there before then this i explained in my complaint and this was there reply
TRAFFIC MANAGEMENT ACT 2004
PENALTY CHARGE NUMBER DU10629265

Thank you for writing to us.
Before giving Penalty Charge Notices, our Civil Enforcement Officers check for any parking items displayed (including foot wells and seats) and record the details. The Civil Enforcement Officer saw no disabled badge.
Unfortunately, as you had a notice issued on 23rd August 2016 that was subsequently cancelled, I am unable to cancel this notice on this occasion.

You have these choices:
• You can pay the discount charge of £35.00 if your payment reaches us within 14 days of the date of this letter.
• You can pay £70.00 within 28 days of the date your Penalty Charge Notice was issued.
• You can formally challenge your Penalty Charge Notice by using a Notice to Owner form. The vehicle's owner will automatically receive the form if the Penalty Charge Notice has not been paid within 28 days of being issued. The form offers you the chance to formally challenge your Penalty Charge Notice or pay the full £70.00.


Yours sincerely Appeals Officer
now it is fair to say i did get let of with one a few months ago but that was down to them as the sign states 2hr wait only But when i spoke with a warded i was informed disabled users get three hrs this was confirmed by the pcn office who stated we always over look your first ticket and as you where within the time limit no further action is required
Q is do i go all the way with this as i feel they are only doing it because i was let off before and why didnt i get a ticket on my first day they would have noticed that the car had not moved (NO CCTV) and the !!!! who hit my car never reported it i think it was the impact that caused the badges to fall to the floor this would explain why i didnt get a pcn untill 15.00 hrs on the third day
your comments please
TOM C

Replies

  • Coupon-madCoupon-mad Forumite
    96.5K Posts
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
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    Yes, I would go all the way with it - this is clearly a Council PCN. So wait for the NTO and appeal again and (at that stage) add that it is not correct for them to say:

    ''Unfortunately, as you had a notice issued on 23rd August 2016 that was subsequently cancelled, I am unable to cancel this notice on this occasion''

    ...because them looking back at a previous cancellation and deciding they are 'unable' to cancel this one because of that one, fetters their duty to consider each appeal individually. That's called 'fettered discretion' and is unfairly detrimental to your right for the Council to give due consideration to each case.

    If you Google these words:

    pepipoo fettered discretion

    ...you will find several posts on pepipoo forum where the Council PCN experts hang out. Read some then post a picture of your PCN (BOTH SIDES!) there:

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

    When you register don't use a hotmail email or the registration will not work.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Thank you. I will push on with this. It's only £35. Or the full cost but it's a matter of princable my disabled badge was there I feel so strong about this
    Had it of been my fault I would have just paid it
  • The_DeepThe_Deep Forumite
    16.8K Posts
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    I wish you well. I too am fighting a Council who likes to ticket BB holders. Even if I have to pay the full amount, (£50), I( am going to ensure that it costs them £££s to collect.
    You never know how far you can go until you go too far.
  • Tom_cTom_c Forumite
    3 Posts
    Hi

    thank you all for the help in resolving this matter i have today received a letter from the local council stating that they are going to cancel this PCN
    how ever they did ad a little comment at the end they just cant accept that they where wrong in issuing the PCN
  • Coupon-madCoupon-mad Forumite
    96.5K Posts
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
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    Well done - did you argue that they had 'fettered' their discretion by pretending that a previous cancelled PCN meant they *could not* cancel this one = untrue and misleading?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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