appealed a PCN but heard nothing

appealed a PCN but heard nothing

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MrJuice

Original Poster:

3,359 posts

156 months

Monday 11th January 2016
quotequote all
I was given a PCN for parking in a disabled bay without a blue badge on 08 November 2015. I appealed on 10 November 2015 on the grounds that I forgot to display the badge. I was parked outside my mum's house where there is a disabled bay (not put in specifically for her, mind) and was returning her home because she was unwell when we went out for dinner. I have parked there hundreds of times over the years when dropping her off or collecting her but this time forgot to display the badge.

I thought I'd appeal and see what happens.

The automatic email said they would let me know within 56 days of their decision. Some 60 ish days have passed since then. No email from them.

I guess 56 days could be 56 working days?

What to do? Forget about it or chase them?

worsy

5,804 posts

175 months

Monday 11th January 2016
quotequote all
56/7 = 8 so I'd guess it is calendar days. As to what to do, I would politely chase up but that is just IMHO.

Mandat

3,886 posts

238 months

Monday 11th January 2016
quotequote all
Just don't mention the possibility of the appeal response letter being lost in the post and not getting to you, as Loon will flip out on you...... oh, wait.

Seriously, I suspect that the appeal has been delayed during the Christmas break, but you could always try to chase it up yourself.

Geekman

2,863 posts

146 months

Monday 11th January 2016
quotequote all
I appealed a Wandsworth council one several years back and have never heard anything since.

TooMany2cvs

29,008 posts

126 months

Monday 11th January 2016
quotequote all
Just so we're clear here... You (able-bodied) parked in a disabled bay whilst visiting your mother - the blue-badge holder - at her home?

Ki3r

7,817 posts

159 months

Monday 11th January 2016
quotequote all
TooMany2cvs said:
Just so we're clear here... You (able-bodied) parked in a disabled bay whilst visiting your mother - the blue-badge holder - at her home?
He was dropping her off at her house.

SVTRick

3,633 posts

195 months

Monday 11th January 2016
quotequote all
TooMany2cvs said:
Just so we're clear here... You (able-bodied) parked in a disabled bay whilst visiting your mother - the blue-badge holder - at her home?
Just so you don't make this mistake again - read the bloody post - DOH!

TooMany2cvs

29,008 posts

126 months

Monday 11th January 2016
quotequote all
SVTRick said:
Just so you don't make this mistake again - read the bloody post - DOH!
Fair comment, well made.

Osinjak

5,453 posts

121 months

Monday 11th January 2016
quotequote all
TooMany2cvs said:
Just so we're clear here... You (able-bodied) parked in a disabled bay whilst visiting your mother - the blue-badge holder - at her home?
Itchy trigger finger?

BobSaunders

3,033 posts

155 months

Monday 11th January 2016
quotequote all
Junk mail folder?

Mandat

3,886 posts

238 months

Monday 11th January 2016
quotequote all
SVTRick said:
TooMany2cvs said:
Just so we're clear here... You (able-bodied) parked in a disabled bay whilst visiting your mother - the blue-badge holder - at her home?
Just so you don't make this mistake again - read the bloody post - DOH!
Very Loonesque in its cynicism.

LovelyTia

553 posts

180 months

Monday 11th January 2016
quotequote all
Had similar, appealed a parking ticket for parking on a yellow outside of work 2 minutes inside a controlled hour.
Appealed it and expected a reply back before I left the country for 3 weeks.

No reply turned up so I called the number and they informed me it hadnt been decided yet so I informed them of my being out the country and they noted that in case it turned up while I was away.

It didn't it turned up some 6 weeks later.

Call them and ask about it. It's the only way you'll get a solid answer rather then internet speculation.

TooMany2cvs

29,008 posts

126 months

Monday 11th January 2016
quotequote all
Mandat said:
Very Loonesque in its cynicism.
...and in its accuracy.

MrJuice

Original Poster:

3,359 posts

156 months

Monday 11th January 2016
quotequote all
I've appealed (and won) a PCN with this council before and it was all through electronic comms. This was some years back so I should chase in case they have changed their methods


Red Devil

13,060 posts

208 months

Tuesday 12th January 2016
quotequote all
MrJuice said:
I was given a PCN for parking in a disabled bay without a blue badge on 08 November 2015. I appealed on 10 November 2015 on the grounds that I forgot to display the badge. I was parked outside my mum's house where there is a disabled bay (not put in specifically for her, mind) and was returning her home because she was unwell when we went out for dinner. I have parked there hundreds of times over the years when dropping her off or collecting her but this time forgot to display the badge.

I thought I'd appeal and see what happens.

The automatic email said they would let me know within 56 days of their decision. Some 60 ish days have passed since then. No email from them.

I guess 56 days could be 56 working days?

What to do? Forget about it or chase them?
This is one area where you can safely ignore and wait to see what, if anything, the LA does.
Unlike a PPC Parking Charge Notice, a LA Penalty Charge Notice is subject to full statutory controls.

The Regulations make no mention of working days, therefore the normal interpretation applies. The 56 days are calendar.
As you were given a windscreen ticket, Regulation 9 applies - http://www.legislation.gov.uk/uksi/2007/3482/regul...

The response must be served within that time frame. If they fail it's an automatic win.
If the LA subsequently issues a NTO, challenge it immediately on the grounds of a procedural impropriety.

As you have received e-mail confirmation it means that the LA has received your reps (presumably done online)
If so, it can't avail itself of the 6 months rule. See Regs 19 & 20 - http://www.legislation.gov.uk/uksi/2007/3483/conte...

MrJuice

Original Poster:

3,359 posts

156 months

Tuesday 12th January 2016
quotequote all
Thank you Red Devil

Just got this email reply from them:
Thank you for your email.



We are in receipt of your challenge and I can confirm that the notice is on hold pending our reply.



Regards



Parking Enforcement


Red Devil

13,060 posts

208 months

Wednesday 13th January 2016
quotequote all
Let me see if I have got this right.

You sent them an e-mail on 10th November.
Their system generated an automatic response
(I assume that was the same day: can you confirm?).
They sent you a further e-mail on 12th January telling you that it's on hold.
10/11/15 to 12/01/16 is 9 weeks or 63 days.

They are having a giraffe. The clock starts ticking when they received your 10th November e-mail.
If their system confirmed receipt on that date they are stuffed.
Waiting 63 days to get round to digesting the contents of your e-mail is their problem.
Somebody had dropped the ball methinks. They will have to bin it imo.

It is possible that they may try putting the blame on a system glitch (it's been tried before).
i.e. your reps disappeared into a big black hole at their end. Wait and see. If so, post up asap.
If push comes to shove a PATAS (for London Boroughs) or TPT (everywhere else) appeal will be needed.
That is some way off yet. There are defined steps for this dance. Don't improvise or you may lose.

Which LA is it btw? Some have form for messing up their admin.

MrJuice

Original Poster:

3,359 posts

156 months

Wednesday 13th January 2016
quotequote all
I appealed using their online form on 10 November for a ticket issued on 08 November. Got an immediate automatic response telling me they would let me know within 56 days.

Then heard nothing from them at all

Then approx 60 days after my appeal, I sent them an email stating the PCN number, when I appealed and that I hadn't heard anything despite 56 days having passed. I told them I had been checking my junk mail folder but their reply wasn't there or anywhere else in my email folders. Got a reply for that email as posted above saying they are looking at it

As you say, they haven't kept to their own rules so should cancel on those grounds.

If not, I shall post again seeking your counsel

Thank you Red Devil and everyone else

MrJuice

Original Poster:

3,359 posts

156 months

Saturday 13th February 2016
quotequote all
Harrow Council replied via email at 07:26 this morning with a PDF attachment. The letter says they have considered the appeal and have rejected it. I must now pay

I appealed within a few days of receiving the PCN. In their letter this morning they say I must pay £110 becuase the period for paying £55 has now elapsed

This all sounds wrong! What to do?

btcc123

1,243 posts

147 months

Saturday 13th February 2016
quotequote all
I don't think that you were ever likely to win your appeal saying that you forgot to display your badge.Its not a great deal of difference parking in a car park,getting a ticket and submit an appeal based on you forgot to buy a ticket.

I think some councils have the view if someone has the ordasity to appeal then they will make sure they do not reply until after the timeframe of the opportunity to pay half the amount.