Parking ticket, Appeal unsuccessful

MrMiking

Hi there,

I am seeking some help on my options in regard to a parking fine from APCOA acting on behalf of Gloucestershire County Council.

The story so far:
In December my car was hit by a council owned dustbin lorry, they accepted full liability (I wasnt even in the car at the time!) and whilst the car was in for repairs I had a courtesy car. I have a permit for where the road I live down but unfortunately a few days into having the car I received a parking fine despite leaving a note explaining the situation.

I ofcourse appealed this decision due to the fact I pay over £100 a year to park down this road, I possibly replied in anger and should of maybe of seeked advice first.

This is what I sent:

Hi

PCN: XXXXXXXX

Vehicle registration: XXXXXXXX

Address: XXXXXXXXX Cheltenham GLXXXXX

I am writing to inform you that I believe I have wrongly received a parking charge down Winchombe Street, Cheltenham today. I am a resident of Winchombe Street and have a parking pass for the car KYXX XXX.

However I am currently driving a courtesy car due to one of Cheltenham Borough Councils Dustbin Lorry's hitting and causing significant damage to my car. The current registration is VEXX EXX. I have been leaving a note on the dashboard stating this is a courtesy car for KYXX XXX for the last week with no problems but I believe the note has slipped off the dashboard and been missed.

I do not believe this parking charge to be fair especially as I'm in the courtesy car through no fault of my own (I wasn't even in the vehicle when it got hit!). So if the charge could be overturned I would be grateful.

Regards

XXXX XXXXX

I received this reply today:
Dear Sir/Madam,

Please find attached response to your challenge via the appeals team.

Please note this decision was made by the appeals team and not the customer service team, the appeals team cannot be contacted and if you wish to talk to someone you can call 0345 319 9631 to speak to a customer service agent.

PLEASE DOT NOT RESPOND TO THIS EMAIL ADDRESS DIRECTLY AS IT IS NOT MONITIORED - ALL RESPONSES MUST BE SENT TO xxxxxxxxxxxxx




Kind regards,

Hayley Scully|

Dear Mr XXXX,


Re: Informal challenge of Penalty Charge Notice – Traffic Management Act 2004.
PCN No : GDXXXXXX
Date of Issue : 18 December 2017
Date of Contravention : 18 December 2017
Vehicle Registration Number : VXXXXX
Location of Alleged Contravention : Winchcombe Street

Thank you for writing to us.

We have carefully considered what you have said but we have decided not to cancel your Penalty Charge Notice (PCN).

You were issued a PCN for not having a Pay & Display ticket that was both valid and clearly displayed. Even if you have a Pay & Display ticket, you have to display it so that a Civil Enforcement Officer (CEO) can see all its details. You were also able to pay to park by phone or online; however, the CEO's handheld computer showed no valid period bought by phone or online.

I appreciate that you left a note in your windscreen. We are happy for drivers to leave notes, as long as the purpose is simply to let CEOs know about something, not an attempt to avoid parking within the rules. (If this was allowed, many people would abuse it).

We have made checks but our records show no payment, or attempted payment, linked to your details such as your vehicle registration number that you supplied us with in your correspondence. Therefore we are satisfied that your PCN was issued correctly and still stands.

The enclosed photos help to show why your PCN was issued.



You have these choices:
You can pay the discount charge of £25.00 if your payment reaches us within 14 days of the date of this letter.
You can pay 50.00 within 28 days of the date your PCN was issued.
You can formally challenge your PCN by using a Notice to Owner form. The vehicle's owner will automatically receive the form if the PCN has not been paid within 28 days of being issued. The form offers you the chance to formally challenge your PCN or pay the full £50.00. If you decide to formally challenge your PCN, please do not write to us again but wait until the Notice to Owner form arrives.

How to pay SECURE ONLINE PAYMENTS via our website: xxxxxxxxxxxxxxxxxx
BY PHONE Credit / Debit card payments may be accepted by phoning the touchtone local rate telephone payment line on 0345 319 9631, available 24 hours.



BY POST Cheques or Postal Orders payable to: APCOA Parking with the PCN number written on the reverse of your cheque/postal order. Return the payment slip with your payment to Gloucestershire Parking, PO Box 1010, Uxbridge, UB8 9NT. If a receipt is required a stamped addressed envelope must be enclosed. Please note post-dated cheques will not be accepted. Do NOT send cash or make credit card payment by post



Yours sincerely,



Gloucestershire Parking


Any help would be greatly appreciated, as its on behalf of the council I assume I cant just ignore it?

nosferatu1001

Pepipoo is your best bet

Sign up, have copies of everything posted on your thread leaving in dates as this is a date driven process.

Automatically receding a notice to owner is fettered discretion I believe - they don!!!8217;t HAVE to issue one, ever.

Coupon-mad

This is not an APCOA PCN, it's a Council one (APCOA happen to be the contractors but that's unimportant and misleading to mention).

So don't head your pepipoo thread up like this one, and DO show them pics of the PCN, both sides!

MrMiking

Coupon-mad wrote: »

This is not an APCOA PCN, it's a Council one (APCOA happen to be the contractors but that's unimportant and misleading to mention).

So don't head your pepipoo thread up like this one, and DO show them pics of the PCN, both sides!

Sorry I'm new what is Pepipoo? I will re label the thread I wasnt trying to mislead anyone I'm no expert which is why I'm here And what do you mean pics of the PCN, sorry if this is a stupid question the PCN is just the reference number right?

Fruitcake

pepipoo.com, where the Council/Police motoring experts will help you.

PCN in your case means Penalty Charge Notice, the letter you got from the council.

Register on pepipoo using a non-Hotmail email address, read the FAQs and then post pictures of your redacted PCN (both sides) with your query.

Here on MSE we specialise in private parking whereas pepipoo are the council experts.

MrMiking

Fruitcake wrote: »

pepipoo.com, where the Council/Police motoring experts will help you.

PCN in your case means Penalty Charge Notice, the letter you got from the council.

Register on pepipoo using a non-Hotmail email address, read the FAQs and then post pictures of your redacted PCN (both sides) with your query.

Here on MSE we specialise in private parking whereas pepipoo are the council experts.

Perfect thankyou, I've signed up and posted a topic

The_Deep

Is there not a further appeal to an independent adjudicator? I believe 56% of such appeals are upheld.

https://www.londoncouncils.gov.uk/node/26649

Coupon-mad

http://forums.pepipoo.com/index.php?showtopic=118501

Your problem is this:

Problem you have is you are not the keeper so the next stage will go to the garage or whoever is the keeper. They are then responsible for the penalty. If you want to take it further you'll need to talk to them.