Council parking ticket - resident bay - appeal rejected

Simon321456

Afternoon all 

Apologies if this is covered somewhere else, pls can you point me in the right direction if so? 

My situation

I have a residents permit that I let expire. I applied for said permit 2 or 3 days after expiry
It took them 6 or 7 weeks to process this, because they had sent me an email asking for more details of my application. I did not receive the email 

I paid for my new permit when I applied and they took the funds, but between applying and the new permit arriving I got 4x parking tickets, albeit 2 of them I didn't actually receive

I have lived here for 11 years so I know its totally my fault, but I assumed they'd show some sort of common sense and cancel them. But this is Brighton, so that's naive at best

Anyway. It was my fault for not doing it in time, and whilst they said there is a grace period to renew of 21 days, this apparently is only valid if you renew on time 

My question, now that they rejected my appeal, is whether there is any way to challenge and have them rescinded legally, rather than appealing to someone's goodwill. Which does not exist 

Let me know if I should provide any further info? Can provide redacted letters etc 

Thanks
Simon 

Gr1pr

You are better off taking your query over to the FTLA  parking forum website and post it in the council section there,  after reading their posting requirements first,  try to avoid using a Hotmail email address too

Simon321456

In fact here is the rejection letter they sent - 

Dear Mr XXXX

We have considered your challenge about the penalty charge issued on the 20/10/2024 at 11:37 and have taken into account everything you said. However, there are not sufficient reasons to cancel the penalty charge, which is now payable.

Yours sincerely,

The message that you are sent when you make a payment for your new permit:
It is essential when applying for a resident permit that instructions are adhered to enabling the permit team to complete the verification for your permit. The onus is on the vehicle owner to comply with requests for documentation to expedite the permit renewal process. It is your responsibility to check all your email inboxes including the junk inbox when awaiting correspondence after supplying your email address to the permit team.
Also on the website was the following message:
As your permit had already expired when you applied, the grace period did not relate to your application.
The information provided has been considered, but the Council finds that there are not sufficient grounds to cancel the PCN.
The penalty charge of £35.00 is now payable. This is the discounted rate that applies for 14
You must now decide whether to PAY the penalty charge or whether to APPEAL.
Make: XXXXXXXXX
4. How to appeal further (make a formal representation):

This letter explains the details of the penalty issued; our reasons for rejecting your challenge and your options.

Take a moment to carefully read through ALL the sections in this letter (listed below) before you decide what to do next:

1. Our reasons for rejecting your challenge.

2. The details of the PCN.

3. How to pay.

4. How to appeal your decision.

5. What happens if you do nothing.

Parking Services Officer

1. Our reasons for rejecting your challenge:

The PCN was issued because the vehicle was parked in a shared use bay without a valid permit or having purchased valid paid parking.

Please see the photographs taken by the Civil Enforcement Officer at the time the PCN was issued:

You stated in your challenge that you applied for your new parking permit and waiting for it to be sent. Two different CEO said you did not need to display visitor permits whilst your application was pending as we were aware of the delays and there is a grace period. You will need free visitor permits to replace the ones used. You want to know when you will receive your permit and what you need to do in the meantime.

Your challenge has been rejected because your vehicle did not have a valid permit. Whilst a renewal or new permit is being processed, this does not mean you can park illegally. It is the driver’s responsibility to check the permit’s validity when parking and whilst they had an entitlement to apply for a permit, without one on display there was no entitlement to park in the space during the restricted hours.

Brighton & Hove City Council endeavour to assist residents with the renewal of their permits by sending out a reminder approximately six weeks by email before the permits are due to expire. This is a courtesy service, and it is still your responsibility to make sure that you have a valid permit when using residents’ bays. You were sent a reminder on the 09/08/2024. 

Please note that the permit records do not update when a payment for a new permit has been paid online but when the permit team take that payment receipt and generate the permit with that payment and only then does our permit records update, once the new permit has been generated it is then fed into the CEO’s handheld device. You can only claim the parking concessions of the new parking permit once you have been notified that you can do

so by the permit team.

Thank you for your application for a resident parking permit. We're reviewing your application, and you're not covered to park until we approve it.

When we approve your application, we'll send you an email to confirm this. The email will confirm that we've issued your permit, and you're covered to park. This can take up to 10 working days during busy times.

If we need more information, we’ll send you an email asking for what we need. We can only approve your application when we have all the information. We’ll then send you another email to let you know when you’re covered to park.

Until then, you'll need to find alternative parking. This is to avoid getting a penalty charge notice.

If you had to pay as part of the application, make sure the payment went through. We will not review your application if your payment did not go through. If your payment was unsuccessful, you'll need to start your application for a resident parking permit again.

I note the points that you have raised re a discussion with a CEO. However, I cannot comment on a conversation or conversations to which I was not a party. The signs in this bay clearly state that the bay is a shared use bay so payment or a valid permit is required. I have reservations about accepting that a CEO would give you advice which is directly contradictory to the information on the signs, and which could result in disciplinary action.

They can all be identified by their unique shoulder ID number. You have not volunteered their unique number.The CEOs would not be aware of the date of your application nor that your application was not complete, and more documentation was required.

It is currently taking us longer than usual to issue parking permits. This is due to changes in how we process work.

We’ve extended the grace period so you can display your existing parking permit for 21 days after it’s expired. During this period we will not issue Penalty Charge Notices (parking fines) as long as you:

• display your expired permit

• park according to the terms of your parking permit

• have submitted your permit application

days. After the 14 days this will increase to £70.00.

2. The details of your PCN:

Contravention:

12 Parked in a residents' or shared use parking place or zone without a valid virtual permit or clearly displaying a valid physical permit or

voucher or pay and display ticket issued for that place where required, or without payment of the parking charge

Contravention Date:

XXXXXXXXXXX

Location: XXXXXXXXX

Colour: XXXXXXXXX

3. How to pay:

Please make a payment of £35.00. This is the discounted rate that applies for 14 days. After the 14 days this will increase to £70.00. Please see details of how to pay below: 

Online at www.brighton-hove.gov.uk/parking selecting the Penalty Charge Notices option.

By telephone Credit / debit card payments only. Automated payment line 01273 296622 (24 hours / 7 days a week). Please have card, vehicle registration and PCN number ready.

Cheque or postal order made payable to 'Brighton & Hove City Council'. This should be sent to Parking Services, G39 Hove Town Hall, Norton Road, Hove BN3 3BQ. Please include the PCN number with your payment. Allow two working days for 1st class postage and five working days for 2nd class postage.

If you do not make a payment of £35.00 within 14 days the charge will increase to £70.00. If the fine remains unpaid we will send a Notice to Owner to the Registered Keeper of the vehicle. Please be aware that you must wait for the Notice to Owner to be issued to the Registered Keeper in order to activate the next stage of the process.

The Notice to Owner means that the Registered Keeper can either:

- make a full payment of £70.00

- appeal against the issuing of the Penalty Charge Notice by making a formal representation in writing to the Council. The Notice to Owner contains the full details on how to do this.

5. What happens next if you do nothing:

If your representations are rejected, you will have the opportunity to appeal to the Traffic Penalty Tribunal. If you take no action, 28 days after the Notice to Owner has been sent to the Registered Keeper, we may send you a Charge Certificate increasing the £70.00 charge by 50%. You will then have 14 days to pay this increased charge. If after 14 days this charge has not been paid, we may apply to the County Court to recover the money, plus court costs, from you.

Simon321456

If anyone can show me how to spoiler that, I'd be very grateful 

Coupon-mad

No need. Nothing bad is risked by carrying on appealing through the later 2 stages they explain there.  It'll either be £70 or nothing.

Just take it to NTO formal appeal stage as long as the V5C address has been updated already (your correct/new address is on the car logbook, yes?) and as long as you are the registered keeper.

If you are sure the NTO will come to you, then wait for it and then post instead on FTLA forum where the Penalty experts post.

Or pay £35 now, and move on.