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PCN Appeal Confusion

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A vehicle owned by my wife was hit with a PCN from council for parking in a restricted (residents) bay (the restriction applies for 30 mins of the day).

After visiting her dad (who'd previously been in hospital) at home, she came out to her car only to find that it wouldn't start (it later transpired that there was a couple of electrical faults, one of which was draining the battery). She called me and I (eventually) made my way down to her with a set of booster cables. Meanwhile, my wife went back into her dad's house and waited not realising that she was about to enter the 1100-1130 parking restriction time.

PCN issued for parking in residents parking zone.

We wrote to the council (via their Contact Us page on their website) explaining that the car had broken down. They replied (by post) and stated, "after careful consideration of the evidence put before us it is our opinion that the PCN is still valid and we therefore not be cancelling the Notice."

Evidence? What evidence! We simply wrote to say the car had broken down and that it wasn't drivable. After a little bit of internet research, we decided to make a 'formal' appeal which was written and sent on the basis that the vehicle was prevented from moving by circumstances beyond the driver's control.

The next reply from the 'Parking Compliance Manager' pointed out, 'I note that you are not yet in possession of evidence to support your claim of unavoidable vehicle breakdown.' Given that I had personally jump-started the car, I failed to see what evidence I could have provided (other than to explain the series of events) but in any case, I (somewhat naively) expected the council to invite any supporting evidence. The letter ended with a reminder that if we want to challenge the PCN we must therefore wait for the NtO (Notice to Owner).

Yesterday, we received the NtO which is now at the full charge rate of £110.00 and threatens to go up to £165.00 without giving any reason for so.

What I'm perplexed about is how this has unfolded. The car has since been in for repair and the offending items have been replaced. I have receipts for the work carried out (but none of roadside recovery because, um, I was the breakdown assistance!).

I don't feel this PCN is valid on the basis that the vehicle had broken down. Now the Council has put us into what seems to be a difficult position despite our efforts to avoid it with our explanation(s) to them; they just didn't appear to be interested in considering our appeal.

Can anyone here offer any advice on how to deal with this?

Thanks in advance.

Comments

  • Quentin
    Quentin Posts: 40,405 Forumite
    You will get best advice on this by taking it to pepipoo

    This forum majors on private parking charges rather than proper council tickets
  • Coupon-mad
    Coupon-mad Posts: 152,470 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 22 July 2017 at 4:21PM
    Given that I had personally jump-started the car, I failed to see what evidence I could have provided (other than to explain the series of events)
    Witness statements signed by family member or others who were there or aware of the issue. And this proof as well:
    The car has since been in for repair and the offending items have been replaced. I have receipts for the work carried out

    Keep going, but evidence the issue. Get pepipoo help, not using a Hotmail email though, because they don't allow them:

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

    Come back and tell us when pepipoo posters have assisted you to win, which they do in over 90% of Council PCN cases.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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