Challenging 'excessive' PCN
Challenging 'excessive' PCN
Author
Discussion

Bumblebee7

Original Poster:

1,533 posts

104 months

Monday 24th June 2019
quotequote all
Hello,
A question for you wise PH'ers. I've just had the pleasure of receiving a parking fine on my motorbike in Westminster. I park there daily, have done for about a year. I usually pay quarterly and I put my hands up - completely forgot to pay for parking today (parking lapsed on Saturday and I work mon-fri). The fine is for £80 (reduced to £40 if paid early). The parking charge is £1 per day, £33.50 quarterly or £100 annually.

I have no issue paying a parking fine as I did forget to pay but what has really pissed me off is how hugely disproportionate the fine is to the daily charge. At the annual rate my parking fine today is equivalent to 9.5 months of parking just for forgetting to pay once!

Ok so rant over- does anyone think I'd have any luck at all challenging the fine for being excessive?

Or do I chalk it up to experience and accept that the council have issued a fine within their permitted bracket.

Thanks!

kiethton

14,647 posts

209 months

Monday 24th June 2019
quotequote all
Private or council?

Bumblebee7

Original Poster:

1,533 posts

104 months

Monday 24th June 2019
quotequote all
Westminster council

Drumroll

4,521 posts

149 months

Monday 24th June 2019
quotequote all
Seems a normal fine to me certainly not excessive .

kiethton

14,647 posts

209 months

Monday 24th June 2019
quotequote all
Yeah little luck if its council - may be worth a “sorry I’m a season ticket holder etc” soft appeal and see if they’ll let you pay the £1 difference, else just pay it.

Got one myself in the city last year and that was £130, in a free bay....

TwigtheWonderkid

49,076 posts

179 months

Monday 24th June 2019
quotequote all
The reason the parking rate is so reasonable is probably because they make enough money from high parking fines. You've been benefiting from others' mistakes for years, now time for you to pay into the pot, to subsidise others (and yourself).

donkmeister

12,899 posts

129 months

Monday 24th June 2019
quotequote all
Bumblebee7 said:
Hello,
A question for you wise PH'ers. I've just had the pleasure of receiving a parking fine on my motorbike in Westminster. I park there daily, have done for about a year. I usually pay quarterly and I put my hands up - completely forgot to pay for parking today (parking lapsed on Saturday and I work mon-fri). The fine is for £80 (reduced to £40 if paid early). The parking charge is £1 per day, £33.50 quarterly or £100 annually.

I have no issue paying a parking fine as I did forget to pay but what has really pissed me off is how hugely disproportionate the fine is to the daily charge. At the annual rate my parking fine today is equivalent to 9.5 months of parking just for forgetting to pay once!

Ok so rant over- does anyone think I'd have any luck at all challenging the fine for being excessive?

Or do I chalk it up to experience and accept that the council have issued a fine within their permitted bracket.

Thanks!
In my experience Westminster Council are completely unreasonable even when the fine shouldn't have been levied.

Back when bikes could still park for free, I parked up in a motorbike rank just as the parking attendant arrived. I nodded, he nodded back. I went into a shop for a few minutes, when I came out some git had bumped my bike over a couple of inches to get his moped in, which put my wheel on top of the line. I returned to find matey placing the ticket. I appealed, and the council completely ignored the statement that the ticket issuer had witnessed my bike parked legally and me walking away with it so.

I seem to recall the fine was £80 reduced to £40 if paid within x days, and that was nearly 20 years ago - so if it's any consolation the fine is now effectively cheaper.

S11Steve

6,389 posts

213 months

Tuesday 25th June 2019
quotequote all
donkmeister said:
Bumblebee7 said:
Hello,
A question for you wise PH'ers. I've just had the pleasure of receiving a parking fine on my motorbike in Westminster. I park there daily, have done for about a year. I usually pay quarterly and I put my hands up - completely forgot to pay for parking today (parking lapsed on Saturday and I work mon-fri). The fine is for £80 (reduced to £40 if paid early). The parking charge is £1 per day, £33.50 quarterly or £100 annually.

I have no issue paying a parking fine as I did forget to pay but what has really pissed me off is how hugely disproportionate the fine is to the daily charge. At the annual rate my parking fine today is equivalent to 9.5 months of parking just for forgetting to pay once!

Ok so rant over- does anyone think I'd have any luck at all challenging the fine for being excessive?

Or do I chalk it up to experience and accept that the council have issued a fine within their permitted bracket.

Thanks!
In my experience Westminster Council are completely unreasonable even when the fine shouldn't have been levied.

Back when bikes could still park for free, I parked up in a motorbike rank just as the parking attendant arrived. I nodded, he nodded back. I went into a shop for a few minutes, when I came out some git had bumped my bike over a couple of inches to get his moped in, which put my wheel on top of the line. I returned to find matey placing the ticket. I appealed, and the council completely ignored the statement that the ticket issuer had witnessed my bike parked legally and me walking away with it so.

I seem to recall the fine was £80 reduced to £40 if paid within x days, and that was nearly 20 years ago - so if it's any consolation the fine is now effectively cheaper.
I agree with above - the fine is a statutory figure, so can't be challenged, and from my own experience with Westminster, they very very rarely show any sort of leniency or accept mitigation.

For £40, it goes away - but you will struggle to find any legal argument that would stand up at tribunal if you had any inclination to taking it that far.

herewego

8,814 posts

242 months

Tuesday 25th June 2019
quotequote all
Bumblebee7 said:
Hello,
A question for you wise PH'ers. I've just had the pleasure of receiving a parking fine on my motorbike in Westminster. I park there daily, have done for about a year. I usually pay quarterly and I put my hands up - completely forgot to pay for parking today (parking lapsed on Saturday and I work mon-fri). The fine is for £80 (reduced to £40 if paid early). The parking charge is £1 per day, £33.50 quarterly or £100 annually.

I have no issue paying a parking fine as I did forget to pay but what has really pissed me off is how hugely disproportionate the fine is to the daily charge. At the annual rate my parking fine today is equivalent to 9.5 months of parking just for forgetting to pay once!

Ok so rant over- does anyone think I'd have any luck at all challenging the fine for being excessive?

Or do I chalk it up to experience and accept that the council have issued a fine within their permitted bracket.

Thanks!
No it isn't, at £40 it's just over the quarterly charge that you normally pay. If it was me I'd blame my phone for not reminding me loudly enough and thrash it within an inch of it's life knowing that I'm just ranting at myself really.

QBee

22,479 posts

173 months

Tuesday 25th June 2019
quotequote all
[polite rant mode on] The only time I have to pay for parking is when I have to take a disabled relative to hospital. The NHS seem to believe that, under equal opportunities legislation, it is their duty to charge everyone the same. [/polite rant mode off]

Otherwise, as i am not mad enough to live in London or any other large city, I never have to pay for parking.
I suggest the OP moves to the beautiful British countryside pronto.
Given that he is a motor bike rider, he might live longer too if he takes my suggestion.



Bumblebee7

Original Poster:

1,533 posts

104 months

Tuesday 25th June 2019
quotequote all
QBee][polite rant mode on said:
The only time I have to pay for parking is when I have to take a disabled relative to hospital. The NHS seem to believe that, under equal opportunities legislation, it is their duty to charge everyone the same. [/polite rant mode off]

Otherwise, as i am not mad enough to live in London or any other large city, I never have to pay for parking.
I suggest the OP moves to the beautiful British countryside pronto.
Given that he is a motor bike rider, he might live longer too if he takes my suggestion.
rofl I'm working on it, but for the present moment I'm stuck here thumbup

TVR1

5,478 posts

254 months

Wednesday 26th June 2019
quotequote all
Appeal it within 14 days with the story you told us. The charge will be suspended at the lower rate anyway. Once they decide on your appeal, even if it goes against you, youll still only have to pay the lower rate.

Try living in Chiswick (Hounslow) my permit is free (ulev) but changed cars and even though the new permit was valid (in the post), I had 1 day overlap getting the new permit on the car. Boom! £60 thanks. Got me for non display and not interested in my appeal.

SCEtoAUX

4,119 posts

110 months

Wednesday 26th June 2019
quotequote all
Ask yourself how WCC have such a low council tax.

TVR1

5,478 posts

254 months

Wednesday 26th June 2019
quotequote all
SCEtoAUX said:
Ask yourself how WCC have such a low council tax.
Monstrous business rates for a couple of square miles of the most expensive areas in the UK? Parking fees are a drop in the Ocean, in comparison.

Bumblebee7

Original Poster:

1,533 posts

104 months

Thursday 27th June 2019
quotequote all
SCEtoAUX said:
Ask yourself how WCC have such a low council tax.
I'm confused what my council tax in Sutton has to do with a parking ticket in Westminster confused

megaphone

11,664 posts

280 months

Thursday 27th June 2019
quotequote all
I find Westminster Council quite treasonable. Write to them and explain that you are a very good 'customer' blah blah, explain that you had made a mistake and that, as a good customer, you would hope that they would waive the fine.

This worked for me when my Ringo payment didn't go through properly.

Dr Imran T

2,301 posts

228 months

Friday 28th June 2019
quotequote all
The fine is fair, actually less than the fine I got in Beckton for parking incorrectly.

I'm in Westminster a lot and see countless cars with tickets slapped on them. They Westminster Council) are fast and efficient and I would advise you pay promptly or you'll be liable for more.

Bad luck though.

Bumblebee7

Original Poster:

1,533 posts

104 months

Friday 28th June 2019
quotequote all
Decided I've got nothing to lose by trying to challenge so have done so, providing evidence of my history of paying for permits. Will let you know how I get on. They can take up to 10 days to respond.

EarlofDrift

4,723 posts

137 months

Friday 28th June 2019
quotequote all
I don't know anyone that pay for parking for their motorbike.

They usually stick them against the side of their building up on the footpath or beside a bike rack.

None have ever been challenged.

Bumblebee7

Original Poster:

1,533 posts

104 months

Monday 8th July 2019
quotequote all
Update!

Just got a response from Westminster saying after reviewing the details (and screenshots of my parking history) believe I made a genuine error and have decided to cancel the fine on this occasion. Goes on to say this doesn't set a precedent, but they have been able to apply discretion in this instance.

Needless to say I'm very pleased with the result, and will make more of an effort setting reminders to ensure I don't fall into the same trap again.

Thanks for everyone who posted with their thoughts.