appealed a PCN but heard nothing

[MrJuice]

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?

[MrJuice]

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

[MrJuice]

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

[MrJuice]

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]

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?

[MrJuice]

btcc123 said:

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.

I agree with the first part of your post. But I have heard people being let off before, so it was worth appealing.

The second part of your post is, of course, bullst.

Thanks anyway

[MrJuice]

Red Devil said:

Just had a light bulb moment. I posted the wrong link earlier. see below.

The OP needs to be careful here about which stage he is at, particularly as this would surely have to have been a windscreen PCN issued by a CEO.
The 56 day time limit does not apply to informal appeals, only those in response to a NTO (a postal PCN counts as a NTO because it is served on the RK)
See - http://www.legislation.gov.uk/uksi/2007/3482/regul...

There is no time limit for the council to reply to an informal challenege but they must issue a Notice to Owner no later than 6 months commencing with the date of service of the PCN. If they do not the PCN must be cancelled. If no NTO has been issued then the OP has a problem because his ground for appeal was never going to fly.

That said, many (most?) LAs will keep the discount period open for a further period (usually another 14 days) from the informal representation rejection letter provided the challenge is sent in promptly (i.e. within the initial 14 day window). As this London Borough does - http://www.lbhf.gov.uk/Directory/Transport_and_Str...

Given that the OP did so it seems to me very unfair that the LA in his case is refusing to do so. It has definitely done so for other people so a precedent exists. Using their own tardiness in responding to disadvantage the OP is discriminatory imo.

If it were me I would be pushing hard to limit the wallet damage to the reduced amount of £55.

Now I'm really confused. The link you have posted suggests that the LA does need to reply within 56 days. There is no reference to windscreen tickets or otherwise.

Are you saying, for sure, that if the PCN is issued by a CEO, then the 56 day rule does not apply? If so, please say so. I find it very difficult to make sense of legal prose.

Thanks!