phelpsa
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| posted on 31/5/11 at 07:37 PM |
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Anything to add?
I'm appealing a PCN that was stuck to my car outside my house in Bath when the car was parked legitimately, however the parking permit had
fallen onto the floor in the car (clearly visible from the passenger side window!).
Is there anything I should add to this?
quote:
Dear Sir/Madam,
In response to your letter I would now like to present my informal appeal against the PCN.
I am a resident of *address*. I have held a residents parking permit (no. *******) since the 11th February 2011, for which I paid in the region of
£140. This permit entitles me to the use of a parking space in the residents parking bays in *street name*, in which my temporary vehicle was parked.
The vehicle had been registered by Bath Parking Services on Monday 23rd May at around 9:30am, which I am sure you will have records of.
The parking permit was not displayed in the corner of the windscreen because it had been placed on the dashboard (the supplied single use stick on
holder is in my permanent car), and had slid from the dashboard during the morning. It was in the vehicle at the time and was in fact on the passenger
side floor in clear view of the side window from the pavement.
The vehicle was legitimately parked and the Penalty Charge Notice serves no purpose other than to penalise an innocent party. I would like to draw
your attention to paragraph 85 of the Secretary of State’s Statutory Guidance to Local Authorities, which states:
85. An authority has a discretionary power to cancel a PCN at any point throughout the CPE process. It can do this even when an undoubted
contravention has occurred if the authority deems it to be appropriate in the circumstances of the case. Under general principles of public law,
authorities have a duty to act fairly and proportionately and are encouraged to exercise discretion sensibly and reasonably and with due regard to the
public interest.
As I am sure you would agree, the purpose of the parking permit system is to ensure that the permit holding residents of the street are able to park
near to their residence, and is not there to penalise them. Therefore I believe that issuing a Penalty Charge Notice to a person/vehicle that is
clearly entitled to be parked in that location is not in the interest of the public and is not an appropriate action.
I hope that you will consider my appeal sensibly and reasonably.
Yours Faithfully
Adam Phelps
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phelpsa
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| posted on 31/5/11 at 07:43 PM |
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Should also add that I rang the Parking Services and informed them that I had been given a PCN despite having a permit and it was confirmed that my
numberplate was not on the system despite me having called and registered it. The guy on the phone said that was fine and just to email through and
explain what happened, at which point they emailed photos of the car 'not displaying a permit' saying that they would not be cancelling
the PCN.
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Craigman9
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| posted on 31/5/11 at 07:54 PM |
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Sounds comprehensive to me and I can't see how they can not agree with you
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austin man
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| posted on 31/5/11 at 07:59 PM |
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they will be arguing that it was not displayed I feel that your main argument could lie with the registering your car did you / do you have proof
phone record etc I would also submit this information. If you failed to display your tax disc in the same manner that too would create a penalty
notice.
Life is like a bowl of fruit, funny how all the weird looking ones are left alone
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Doctor Derek Doctors
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| posted on 31/5/11 at 08:14 PM |
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"Die useless scum! Die NOW!"
Thats what everyone really want to add.
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NOTE:This user is registered as a LocostBuilders trader and may offer commercial services to other users
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JoelP
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| posted on 31/5/11 at 08:38 PM |
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Well worded adam, fingers crossed it does the trick. You can never be sure with these people though, they forget they are there to serve us.
Beware! Bourettes is binfectious.
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SteveWallace
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| posted on 31/5/11 at 08:44 PM |
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It happened to me and when I appealed I got a letter back saying that they would let me off because "... it is not our policy to prosecute first
time offenders." I didn't know whether to by happy that I had saved the money or angry because I was an offender.
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steve m
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| posted on 31/5/11 at 08:50 PM |
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It cost me £60 when my coupon was on the floor, and not on the windscreen
steve
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ReMan
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| posted on 31/5/11 at 09:39 PM |
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quote:
Originally posted by Doctor Derek Doctors
"Die useless scum! Die NOW!"
Thats what everyone really want to add.
Not everyone.
Just because you seem to resort to cheap insults, does not mean we all do.
I'd go more for the full terets version myself
Toss'n, wank'n fuckwit'n cnuts type approach 
May as well for all the good it will do, but you'll feel better
Good luck BTW
www.plusnine.co.uk
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omega 24 v6
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| posted on 31/5/11 at 09:41 PM |
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Not sure I would put in the part of the disc holder being in another car. Not saying you've done anything wrong BUT it may give them reason to
think you had 2 cars parked and one was not covered by the permit. The rest of iy sounds fine IMHO
If it looks wrong it probably is wrong.
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ianclark1275
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| posted on 1/6/11 at 07:46 AM |
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letter sounds good.
the point is non display.
suspect jealous enforcer saw pass anyway.
this is more likely to happen with a second car as there is no holder provided?
clearly accidental etc...
photos of the situation are useful.
camera phone etc..
i got a ticket in a 200 space car park at the beach.
there was about 3 cars in it and the van i was in was so wide it straddled the white line of the other bay
i had a ticket clearly displayed.
however i got a ticket for not having 2 tickets!
i took a photo of the whole car park empty with the van in it and they accepted.
thanks
IC
measure twice, cut once, scrap it, start again.
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Ninehigh
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| posted on 2/6/11 at 05:41 PM |
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Is there anything stating that the permit has to be displayed in a particular place or just visible?
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