Parking Ticket - Notice of Enforcement

Parking Ticket - Notice of Enforcement

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Discussion

Marc p

Original Poster:

1,036 posts

142 months

Wednesday 16th January 2019
quotequote all
Hi Guys,

Hoping you can help and offer advice here.

I received a 'Notice of Enforcement' from the local council today, saying that I owe them £188.00 for an unpaid parking ticket. Apparently it's for parking in a disabled bay with no disabled badge from back in July last year, now I have never parked in a disabled bay, never had a parking ticket left in the car in question and I haven't seen any forms of communication to me until this letter showed up.


So I have just had a phone call with the council and they said that on their notes there was no parking ticket put on the car and no photo's taken as I left before the traffic warden got a chance to put one on the car or take a photo of the car(sounds iffy to me). However, they also said I'm too late to contest and have to pay before they take further measures to collect.

Am I stuffed here? I just feel it's a little unfair as I had no ticket and despite what they say, I have seen no letters, just a demand for £188.00.

Thanks in advance for any advice.

Marc

xjay1337

15,966 posts

118 months

Wednesday 16th January 2019
quotequote all
If there's no proof of a ticket being issued to you then can't see why you need to pay??

Marc p

Original Poster:

1,036 posts

142 months

Wednesday 16th January 2019
quotequote all
xjay1337 said:
If there's no proof of a ticket being issued to you then can't see why you need to pay??
Their saying that I had 28 days to contest it from a 'Notice to Owner' letter that they sent to me in the post, although I have never seen any letter.

shakotan

10,697 posts

196 months

Wednesday 16th January 2019
quotequote all
No proof that you parked there (issued ticket or photographic evidence) so I'd be telling them to FRO.

Tell them they have 14 days to prove the offence or they must close the case.

NotBenny

3,917 posts

180 months

Wednesday 16th January 2019
quotequote all
well if there is no evidence that you parked there, then tell them you won't be paying it and you'll see them in court... I thought parking wardens took the picture first to avoid these sorts of "didn't get a chance to gather the evidence" situations?

Oldandslow

2,405 posts

206 months

Wednesday 16th January 2019
quotequote all
IANAL but I'd bet they have clear procedures to follow about issuing parking tickets, appeals, escalation of charges. No ticket, no photo, no initial letter, no opportunity to appeal. Doesn't sound like they've followed any of them. Makes the whole thing suspect.

I'd be right onto the phone again and ask to have it brought back to the appeals stage and hope they're reasonable. (just to add, do continue to deny you ever parked in a disabled space and perhaps suggest that in the Warden's haste to jot down a number they have made an error)

Edited by Oldandslow on Wednesday 16th January 17:55

elanfan

5,520 posts

227 months

Thursday 17th January 2019
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Tell them you’ve never heard anything so full of holes in all your life. Ask them to pursue it if they wish but you will claim your costs from them (I’m sure you earn £100hr).

Further arguments - what if your plates had been cloned. Does the description of your car actually match?

Do they have a description of the ‘insert your choice here’ polka dots, racing number, accident damage which would have been a significant identifier.

You don’t need to abide by their rules as you weren’t there! They’re trying it on don’t be bullied.

S11Steve

6,374 posts

184 months

Thursday 17th January 2019
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On the document that you have received, there should be an option to complete a Statutory Declaration (called a PE3 form) for a selected few reasons., one of which is having never received the original PCN.
If you do not have the document, you can download it from here, and if it is too late you can try to file a PE2 - Out of Time Stat Dec, although it is somewhat discretionary as to whether this is accepted or not - https://www.gov.uk/government/publications/form-pe...


Get this rubber stamped at your local court or friendly solicitor, send it back to the Traffic Enforcement Centre at Northampton, and it will reset the process, allowing you to open up a new appeal when the re-issued PCN arrives,

At this point you can ask for the evidence (if any exists) that the ticket was issued correctly - from experience, a lot of CEOs have body-cameras for their own safety, but also for any contentious issues like the one you described that can also be saved for later viewing.

It may be worth looking back through your Google or Apple timeline to prove your whereabouts at the time of the event. I've dealt with a couple of similar issues where our vehicle has received a "driven away" ticket, (and double dip ANPR parking tickets) where the issuer has accepted a printed copy of the days timeline as evidence.

MrC986

3,493 posts

191 months

Thursday 17th January 2019
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elanfan said:
Tell them you’ve never heard anything so full of holes in all your life. Ask them to pursue it if they wish but you will claim your costs from them (I’m sure you earn £100hr).

Further arguments - what if your plates had been cloned. Does the description of your car actually match?

Do they have a description of the ‘insert your choice here’ polka dots, racing number, accident damage which would have been a significant identifier.

You don’t need to abide by their rules as you weren’t there! They’re trying it on don’t be bullied.
I've seen parking enforcement officers taking photos of the inside of a car as they ticket it - I'm guessing they do so in order to identify a car specifically in the event of a dispute. I'd be with the responses above in show me the photographic evidence. Good luck with this.

Turn7

23,609 posts

221 months

Thursday 17th January 2019
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Get over to Pepipoo, they slaughter stuff like this.

Who me ?

7,455 posts

212 months

Thursday 17th January 2019
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Mrc- photos of inside of car will prove that a blue badge was /was not displayed on a seat inside the vehicle. I've recently had a ticked overturned on the grounds that a blue badge was on the passenger seat ( I didn't say whether or not it was in view ), but the LA only had photos of the outside of my vehicle , so they had no proof of a badge existing. That was their fault in trying to prove that the ticketed vehicle was as per ticket, they failed to disprove the existance of a badge not being displayed.