Barnet PCN entered wrong reg - appeal rerfused -HELP!!

[Neo1]

I received this PCN a month after the event. The ticket was not issued at the site as I drove off before it could be attached to my windscreen. Is there not a time limit by which tickets have to be received? Plus £130 seems excessive. Allowing no option to pay 50% reduction fee- I thought they had to. Please advise.

[dx100uk]

its a council ticket

 

 

moved to the correct forum

 

dx

[Jamberson]

I think you have grounds for appeal, but it may be a good idea to speak to the Council first.

 

Basically, the Council should have issued you with a PCN by post, which as you say, gives you the right to a discount. What you have here is a Notice to Owner, which follows the PCN, if it hasn't been paid.

 

The first thing I would do is check with the Council if they sent a PCN by post. If they did, then you will need to appeal as normal, including a request for the discount to be reinstated if the appeal is rejected.

 

If they did not send a PCN by post, then they have fouled up, and that's good enough to get the PCN overturned.

 

Of course, all this pre-supposes the PCN really wasn't served at the time - eg, the CEO didn't lay it on the vehicle or hand it to you.

[Neo1]

Thanks for the rapid response. In answer to your questions. I definitely did not receive PCN at the time nor did I receive one in the post. Do I then contact council and ask for it to be cancelled?

[Jamberson]

No - the important thing is not whether you received the PCN, but whether one was sent to you. Only the Council know that, which is why you need to check. If they didn't send one, then you should get the PCN cancelled, but you need to find out.

[green_and_mean]

If you had been sent a PCN in the post you clearly would not have got a NTO, they obviously think a PCN was served on the car.

[king12345]

I always thought that if a driver managed to sneak away before the parking warden placed the pcn on the car, the same pcn would be invalid.

Urban myth?

[Jamberson]

No, it's true. The council has the option of sending a postal one instead, but reading between the lines of Green & Mean's comments, the NTO you have would not be the correct document to follow a postal PCN. So, you haven't been served a PCN - and that's grounds for appeal.

[green_and_mean]

A postal PCN is in effect a NTO you do not get another reminder before the Charge certificate, if you drive away a postal PCN should be sent which includes the discount and not an NTO which is at the full penalty.

[Neo1]

My wife attends Middlesex University

one morning when she was running late she quickly parked and called the parking mobile line.

 

She received the text message confirming that payment for parking had been received for the day.

 

When she returned to her car she saw a parking ticket.

 

We challenged the ticket enclosing proof of payment and the text message received on the day.

 

Barnet rejected the challenge (see attached) due to the fact that my wife incorrectly entered her registration number (she missed off a digit).

 

Is there anything we can do?

Parking ticket.pdf

[martin2006]

The parking charges gurus will be back later in the day, stay tuned.

[Jamberson]

RSounds like the contravention did occur, if the vehicle reg was not entered corectly.

 

In terms of what you can do - not very much. I presume you have not had a Notice to Owner yet, and still have an option on paying the discounted rate?

 

You can continue with the appeal but it will be looking for a cancellation based on good will/discretion. You will be gambling the discount.

 

Did you state all the circumstances in your initial appeal?

Their reply says they could not find your vehicle reg.

Did you tell them what happened, and give them the reg number you actually did enter, so they could check?

 

If so, I would give up at this stage.

 

If not, you could try again when the Notice to Owner arrives, but it is a gamble.

[eblunt]

If it's any help, I did actually get off a parking ticket under similar circumstances ... I was at a hotel and to use the parking you had to enter your REG on some swipe screen thingy. I entered it wrong, only realised it when I got the ticket.

 

 

In my appealI said the swipe screen wasn't working properly and that it didn't put the characters in. I asked them to give details of any reg numbers entered that were similar to mine, and they seemed to give up and waived the ticket.

[ericsbrother]

check to see if any payment was taken from bank account and get the refernce number for that payment. then get back to Barnet and tell them about the payment and challenge them to explain where this payment was allocated if not your vehicle. There is a defence of proportionality and if she says that she will go to PATAS on this point they may well cancel it as they are more than 50% likely to lose there.

If no payment was taken from bank a/c then just pay the penalty.

Obviously she still has the vital text on her phone?

[ericsbrother]

completely different set of circumstances as that is all to do with the grred of private parking management companies. they dont have to obey very strict statutory conditions.

If it's any help, I did actually get off a parking ticket under similar circumstances ... I was at a hotel and to use the parking you had to enter your REG on some swipe screen thingy. I entered it wrong, only realised it when I got the ticket.

 

 

In my appealI said the swipe screen wasn't working properly and that it didn't put the characters in. I asked them to give details of any reg numbers entered that were similar to mine, and they seemed to give up and waived the ticket.

[Jamberson]

check to see if any payment was taken from bank account and get the refernce number for that payment. then get back to Barnet and tell them about the payment and challenge them to explain where this payment was allocated if not your vehicle. There is a defence of proportionality and if she says that she will go to PATAS on this point they may well cancel it as they are more than 50% likely to lose there.

If no payment was taken from bank a/c then just pay the penalty.

Obviously she still has the vital text on her phone?

 

Some of this is problematic - for example asking them to explain something isn't an appeal grounds and in any case, they will have their answer already - this will have come up countless times.

 

As for the defence of proportionality, you mean the penalty needs to be in proportion to the contravention? They will just state that it is. Otherwise every PCN like this is invalid. It's one charge for one contravention.

 

More than 50% likely to lose at Patas? I don't think so. The contravention occurred - there's no dispute. They are likely to win at Patas.