Parking Charge Notice from Camden - have valid permit but not displayed

Techwreckie

Couldn't find this specific situation anywhere on the web, so thought it might be worth posting here to see if anyone has any ideas...

I live on a Camden Council estate, and I've been renting a numbered parking space from Camden for several years. It seems I forgot to put my latest permit in the windscreen, so when an enforcement officer came around, I got a Parking Charge Notice (NOT a Penalty Charge Notice). There was no private company listed on the ticket - only Camden Council, and instructions to appeal to the address of the town hall.

Perhaps I jumped the gun a bit here - but I sent an email to Camden Estate Parking, detailing that I hold a valid permit for the space and that I believe the parking charge notice to be issued in error, attaching a photo of my valid permit in the windscreen (I didn't state I was appealing though, if that means anything).

I received the following reply:

Thank you for your appeal email

All of our Housing Estates have controlled parking and we have signs that state the terms which allow you to park on the estate. All vehicles must be displaying a valid permit to park. There are clear signs on the Maitland Park Estate warning that unless you are authorised to park, (valid permit holders only) vehicles will be ticketed.

I have checked our photographs and it clearly shows that your permit was out of date.

I am not upholding your appeal because there was no valid permit displayed on your vehicle.

Please be aware that we have reduced your PCN charge back to its original figure for the next 14 days from the date of this email.

If you have any further queries regarding this matter please do not hesitate to contact us on the number below.

They attached the photo the officer had taken of my old permit in the windscreen.

Any suggestions on what I should do next here? Is a Parking Charge Notice enforceable by Camden?

Redx

if it is an ALMO then they may have engaged a third party parking company to enforce the parking ?

usuallyl the 3rd party company issue the charge , then you can appeal it

perhaps CAMDEN are operating an ALMO ?

Techwreckie

How would I find that out and what would that mean for me? There's no other organisation listed on the ticket other than Camden, and the address for appeals is Camden town hall

Coupon-mad

Thank you for your appeal email

All of our Housing Estates have controlled parking and we have signs that state the terms which allow you to park on the estate. All vehicles must be displaying a valid permit to park. There are clear signs on the Maitland Park Estate warning that unless you are authorised to park, (valid permit holders only) vehicles will be ticketed.

I have checked our photographs and it clearly shows that your permit was out of date.

I am not upholding your appeal because there was no valid permit displayed on your vehicle.

Please be aware that we have reduced your PCN charge back to its original figure for the next 14 days from the date of this email.

If you have any further queries regarding this matter please do not hesitate to contact us on the number below.

Dear Camden Council,

This PCN is headed as a 'parking charge' (i.e. a civil matter, not a penalty) yet it has emanated from the Council. You appear to be operating a hybrid 'appeals system' as if the location was private land, yet without offering POPLA or its equivalent.

This is not allowed:

http://www.bexley-is-bonkers.co.uk/documents/parking/tma_warning.pdf

I have copied in David Dunford of the DVLA and would like you to explain to him and to me, the status of this 'enforcement' operation and who the Council considers is liable for this 'charge' (owner, keeper or driver?). Kindly also explain your policy on ADR and your enforcement/collection method for this 'PCN' if it remains unpaid, bearing in mind it was not issued under the TMA2004 and pays no regard to the will of Parliament, and nor can I find Camden Council listed as an AOS member of the two Trade Bodies operating in respect of private land.

If you contend this is not private land after all, then please explain why the Council is not should be operating under the laws available to you (I refer to the linked letter from Robert Goodwill).

kind regards,



copy in:

david.dunford@dvla.gsi.gov.uk

Techwreckie

Thanks for this Coupon-mad.

I sent through the email as you said.

They didn't bother to reply - so after 2 weeks I called them to confirm they'd received it and asked for an answer to my questions, and asked them to confirm that once they did reply the reduced-rate period would be extended.

They had a poor understanding of the difference between a parking charge and a penalty charge, and they couldn't tell me whether the reduced rate period would be extended.

HOWEVER - they did tell me it was NSL that issued the ticket and NSL that would be taking it further. NSL wasn't indicated on the notice itself, but apparently the number to pay it goes to NSL.

What does this mean for me and what would you advise doing next?

Techwreckie

Little update - I called the number on the ticket, and they said to appeal I must appeal by post.

When I called the council's number before, they instructed me to appeal by email, which I did.

The 28 days limit for an appeal as noted on the ticket has now passed - can I still appeal by post or would it be rejected out of hand? I feel like it might somewhat weaken my case with POPLA that I didn't follow the appeal instructions as on the ticket.