Parking ticket received from local authority - I was 15 minutes late

Manchesterstudent

Dear fellow forum users,

I am in need of some dire advice.

I received a PCN in April from the local authority in Manchester for overstaying in a parking bay. It was a stupid mistake and entirely my fault. But I am wondering if I am likely to win an appeal under mitigating circumstances as the contravention was unforeseeable and unintended.

I purchased a ticket for an hour and I had paid until 11:29am. The officer ticketed my vehicle at 11:42am. I know there is a 10-minute grace period so I admit I am in the wrong. I returned to my vehicle at 11:44am and the ticket was already issued. I chased down the officer on the neighboring street and spoke to them and they advised me to appeal. I took a picture of their officer number (on their shoulder) and on my phone this confirms that the image was taken at 11:47am. I know I am entirely in the wrong here so my question is do I just accept this and cough up because I have a week to pay the 50% reduced rate.

But in my defense (before you answer) there are some extenuating mitigating circumstances:

1. I did not intend to be late at all. It was a stupid mistake because my watch was running behind. I didn't realise at the time (obviously) and when I returned to my vehicle to find the ticket, I didn't even think I was over the time. I only realised when I had tracked down the officer and then upon checking my watch with the officer present, I realised my watch was behind. The officer then advised me to appeal. (Needless to say, I've got rid of the watch now)

2. I was (and still am) receiving Job Seekers Allowance so paying this fine will really cause me some difficulty. I actually purchased a £3 pay and display ticket at the time allowing an hours parking as I was going to attend a scheme which was to help me get my SIA badge. I paid for a ticket and it just really stings that I now need to pay £25 because I was a over the 10 minutes grace period by 5 minutes due to an unforeseeable circumstance.

I wrote an informal appeal to the local authority but they rejected this citing that I was allowed 10 minutes and this means I can be instantly issued a ticket. I told them about the extenuating circumstances but they didn't bat an eyelid.

I can wait for the Notice to Owner and then complete a formal appeal and if this is rejected, take it to a tribunal. However, I am not sure I will win the appeal or the adjudicator will side with me. They may possibly empathise with my circumstances, but still that doesn't get me off the hook.

I might just pay the £25 to be rid of the headache. Any advice would be appreciated.

Thanks in advance.

Buzby

The pragmatic view is to cut your losses and take the discount - there is always an outside chance of a cancellation, but whilst awaiting for this you can lose the discount and be worse off. Do you feel lucky?

Manchesterstudent

Buzby wrote: »

The pragmatic view is to cut your losses and take the discount - there is always an outside chance of a cancellation, but whilst awaiting for this you can lose the discount and be worse off. Do you feel lucky?

Not really no. This year has been a bad year for me in terms of parking tickets and fines. I was doing so well, but now I am tempted to ditch the car.

campbell19925

Manchesterstudent wrote: »

Dear fellow forum users,

I am in need of some dire advice.

I received a PCN in April from the local authority in Manchester for overstaying in a parking bay. It was a stupid mistake and entirely my fault. But I am wondering if I am likely to win an appeal under mitigating circumstances as the contravention was unforeseeable and unintended.

I purchased a ticket for an hour and I had paid until 11:29am. The officer ticketed my vehicle at 11:42am. I know there is a 10-minute grace period so I admit I am in the wrong. I returned to my vehicle at 11:44am and the ticket was already issued. I chased down the officer on the neighboring street and spoke to them and they advised me to appeal. I took a picture of their officer number (on their shoulder) and on my phone this confirms that the image was taken at 11:47am. I know I am entirely in the wrong here so my question is do I just accept this and cough up because I have a week to pay the 50% reduced rate.

But in my defense (before you answer) there are some extenuating mitigating circumstances:

1. I did not intend to be late at all. It was a stupid mistake because my watch was running behind. I didn't realise at the time (obviously) and when I returned to my vehicle to find the ticket, I didn't even think I was over the time. I only realised when I had tracked down the officer and then upon checking my watch with the officer present, I realised my watch was behind. The officer then advised me to appeal. (Needless to say, I've got rid of the watch now)

2. I was (and still am) receiving Job Seekers Allowance so paying this fine will really cause me some difficulty. I actually purchased a £3 pay and display ticket at the time allowing an hours parking as I was going to attend a scheme which was to help me get my SIA badge. I paid for a ticket and it just really stings that I now need to pay £25 because I was a over the 10 minutes grace period by 5 minutes due to an unforeseeable circumstance.

I wrote an informal appeal to the local authority but they rejected this citing that I was allowed 10 minutes and this means I can be instantly issued a ticket. I told them about the extenuating circumstances but they didn't bat an eyelid.

I can wait for the Notice to Owner and then complete a formal appeal and if this is rejected, take it to a tribunal. However, I am not sure I will win the appeal or the adjudicator will side with me. They may possibly empathise with my circumstances, but still that doesn't get me off the hook.

I might just pay the £25 to be rid of the headache. Any advice would be appreciated.

Thanks in advance.

You have nothing to lose by challenging. If you appeal using the process the amount payable if you lose the appeal will still be £25 as long as it is within the 7 days time frame of doing so!

Manchesterstudent

campbell19925 wrote: »

You have nothing to lose by challenging. If you appeal using the process the amount payable if you lose the appeal will still be £25 as long as it is within the 7 days time frame of doing so!

I'm not sure that is true.


Just to clarify, I completed an informal appeal and they rejected this. They have now given me 14 days to pay the 50% reduced rate of £25. I believe that if I go forward to lodge a formal appeal after receiving the notice to owner and take it further to the adjudicator, and this is rejected then I will have to pay the full cost of £50.

That's correct right?

campbell19925

Manchesterstudent wrote: »

I'm not sure that is true.


Just to clarify, I completed an informal appeal and they rejected this. They have now given me 14 days to pay the 50% reduced rate of £25. I believe that if I go forward to lodge a formal appeal after receiving the notice to owner and take it further to the adjudicator, and this is rejected then I will have to pay the full cost of £50.

That's correct right?

I would check that.

I challenged a PCN in Manchester not so long ago and I referred it to the independent body (Since the council nearly always reject the first appeal) for a final decision and they ruled in my favour so I ended paying nothing.

The reason I say check that is because I was under the impression if I lost the second appeal it would still only be £25. I will have a look on the internet to see if I can see something to confirm this.

Edit: Done some digging and my initial appeal was rejected by the council and I referred it to the traffic penalty tribunal England and Wales and the council decided not to contest my appeal so I won.

Second edit: Yes you would have to pay full costs if you lost.
"Penalties are £50, £60 or £70 depending on what it was issued for. You cannot appeal to us and then pay at the discount rate. If you appeal to us and lose, you will usually be required to pay the full cost of the penalty. If you win, there is nothing to pay."

I made the point that I couldn't pay because their over the phone service was faulty - but I guess you cant say that. I'ts upto you, I'd have a go at them but it seems like your excuse isn't a very good one lol

Manchesterstudent

Yeh I figure I might just have to take the hit.

I guess I'm holding out for an 'MSE Forum hero' to maybe offer me a strong case.

I mean what is the big difference between 10 minutes late and 15 minutes late... but then where do we draw the line. : (

campbell19925

Manchesterstudent wrote: »

Yeh I figure I might just have to take the hit.

I guess I'm holding out for an 'MSE Forum hero' to maybe offer me a strong case.

I mean what is the big difference between 10 minutes late and 15 minutes late... but then where do we draw the line. : (

I guess you could argue that 15 minutes does not constitute an extra 1500% charge!

System

@MANCHESTERSTUDENT

You'll get better advice over on Pepipoo as they have a section specifically for council tickets. The expertise on this forum is for private parking charges. The law is different for both so you are in danger of getting misleading information.

The_Deep

Not dire, but I suggest you read this

https://www.cheshireeast.gov.uk/car_parks_and_parking/penalty_charges/how_to_appeal_against_a_pcn/mitigating_circumstances.aspx

Coupon-mad

campbell19925 wrote: »

You have nothing to lose by challenging. If you appeal using the process the amount payable if you lose the appeal will still be £25 as long as it is within the 7 days time frame of doing so!

That's wrong at the second NTO stage. It is all or nothing now.