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Wrongly applied Parking Ticket

Brian_Harris_123
Posts: 1 Newbie
I was given a parking ticket by North Essex Parking Partnership-NEPP in a car park in Saffron Walden Essex. I was within my time paid for but when I returned to the car I found a ticket on the windscreen even though I was displaying the ticket correctly on the inside of my windscreen. I appealed to NEPP, my appeal was accepted and the ticket was voided. I then wrote back that I wished to claim the cost of recorded delivery letter and my time, at my hourly rate in making the appeal.
Your thoughts please...is this worth going on with...their officer makes a mistake and presumes my guilt and issues a ticket which then costs me time money and effort to contest.
There is an earlier hard copy letter from NEPP...which says:
....']It appears that the pay and display ticket was overlooked by the officer due to its location in your vehicle. As it was in a corner near to the wall it would appear that the officer didn't go into the corner as they wouldn't squeeze past a vehicle for safety reasons'
I wrote back claiming a small'ish sum, about £48
Here is the NEPP reply:
Unfortunately the evidence, especially the supporting photographic evidence, of the Civil Enforcement Officer in the case is inconclusive. I have studied the photos at length and none of them show a clear enough view of the drivers side corner of the windscreen to make a definitive decision on whether the pay and display ticket was in fact on display or not.
My officer, based on the additional evidence you have provided, used his discretion and cancelled the penalty charge notice, however, this should not be seen as a reflection of whether the PCN was correctly issued or not. The North Essex Parking Partnership operates within legal guidelines and a PCN is only issued when a contravention is believed to have occurred as part of that statutory process. If discretion is later applied and we are statutorily obligated to consider discretion, this has no relevance on the CEOs initial decision to issue the penalty.
In light of the above, any claim for costs will not be granted.
Your MSE thoughts here please.
Your thoughts please...is this worth going on with...their officer makes a mistake and presumes my guilt and issues a ticket which then costs me time money and effort to contest.
There is an earlier hard copy letter from NEPP...which says:
....']It appears that the pay and display ticket was overlooked by the officer due to its location in your vehicle. As it was in a corner near to the wall it would appear that the officer didn't go into the corner as they wouldn't squeeze past a vehicle for safety reasons'
I wrote back claiming a small'ish sum, about £48
Here is the NEPP reply:
Unfortunately the evidence, especially the supporting photographic evidence, of the Civil Enforcement Officer in the case is inconclusive. I have studied the photos at length and none of them show a clear enough view of the drivers side corner of the windscreen to make a definitive decision on whether the pay and display ticket was in fact on display or not.
My officer, based on the additional evidence you have provided, used his discretion and cancelled the penalty charge notice, however, this should not be seen as a reflection of whether the PCN was correctly issued or not. The North Essex Parking Partnership operates within legal guidelines and a PCN is only issued when a contravention is believed to have occurred as part of that statutory process. If discretion is later applied and we are statutorily obligated to consider discretion, this has no relevance on the CEOs initial decision to issue the penalty.
In light of the above, any claim for costs will not be granted.
Your MSE thoughts here please.
0
Comments
-
hi, and welcome .......
best of luck with the above ....
there is no regulation in this industry so no rules for claims
you can issue a small claims though ....
Ralph:cool:0 -
Nice thought but they won't play ball leaving just one
option .... a small claims court so add on £25 for that,
add your time and all the hassle and in the end a judge
might consider this as a timewasting exercise
Just be glad they cancelled it so you don't end up
in court facing higher costs
Maybe the warden could not squeeze past because
he was too fat :rotfl:0 -
Wait, penalty charge? Stat obligated? Are you suer this is PRIVATE parking and not a private companyt hired by a council?0
-
Give over...
Stop stresaing and move on...make the most of it, we are only here for the weekend.
and we will never, ever return.0
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