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leanne-jones
leanne-jones, Barrister
Category: Law
Satisfied Customers: 183
Experience:  Barrister
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I received a parking ticket for parking on my own street the

Customer Question

I received a parking ticket for parking on my own street the PCN said that my permit had expired. I appealed and today heard that the PCN is being upheld. I paid my permit electronically and was never sent a new card - I have done this for around three years - I had assumed that my details would be held electronically on the bar code. They have acknowledged that I am covered to park where I was but say it is my duty to display the correct permit. How can they fine me when they are acknowledging that I have paid for that place and when they did not send me the new card? Can you help me please
Submitted: 4 years ago.
Category: Law
Expert:  leanne-jones replied 4 years ago.

leanne-jones :

Hello - my name is Leanne and it will be my pleasure to assist you today.

leanne-jones :

Have you ever had a new card? When did it expire?

JACUSTOMER-a08zrjn5- :

I really don't know when it expired - when I received the ticket I phoned the borough and asked them if I was covered - they said yes their records were showing that I was covered. It is at least two years - maybe three since I actually went to the office and since I received a new card, I guess I have been liable to this type of ticket for all of that time.

JACUSTOMER-a08zrjn5- :

I have been paying for parking here for at least 7 years - recently on line

leanne-jones :

Have you had electronic replacements before?

leanne-jones :

So you have changed nothing since the last 7 years?

JACUSTOMER-a08zrjn5- :

no never - I seriously thought they would update the bar code on the card to show that it was updated the card has a bar code

leanne-jones :

Did you attend the appeal? Was that with the adjudicator?

JACUSTOMER-a08zrjn5- :

not at that stage yet - did an appeal on line when I received the ticket and today received an email to say they were upholding the ticket and that I had to pay

leanne-jones :

Ok. You will get a notice to owner and then you can appeal to the parking adjudicator

leanne-jones :

Then you can explain the situation to the adjudicator and then say you have been doing the same for the last 7 years.

leanne-jones :

The adjudicator is independent.

JACUSTOMER-a08zrjn5- :

yes but then the time limit to pay the £40 will be gone and if they win I will have to pay £80 - I want to know what chance I have of winning if I wait for notice to owner - do I cut my losses financially or do I stick out for right

JACUSTOMER-a08zrjn5- :

meanwhile they have had my payment since January to park and now saying I have no cover

leanne-jones :

No it wont, because you appealed during the £40 time and the adjudicator will allow the £40 if your appeal fails.

leanne-jones :

Based on what you have said, I do consider that you do have a chance at winning

leanne-jones :

Based on what has happened the previous 7 years

JACUSTOMER-a08zrjn5- :

No I was told today that as they have extended my time to pay£40 for a further 2 weeks, if I don't pay they will send me the notice after that two weeks which means full amount due

leanne-jones :

No - because you indicated you wanted to appeal and an adjudicator will allow the original £40 because you have taken steps. You have not just waited for the Notice to Owner

JACUSTOMER-a08zrjn5- :

I need to be clear the first appeal has failed and the time for the £40 will expire before notice to owner meaning if adjudicator finds against me will have to pay ~£80

JACUSTOMER-a08zrjn5- :

their email to me today says what I have written

JACUSTOMER-a08zrjn5- :

they are saying my new permit is one number which is valid but the card displayed is the old number and has expired

leanne-jones :

If you appeal because you lodged your original appeal during the reduced time the adjudicator will only award £40.

JACUSTOMER-a08zrjn5- :

new number was never sent to me

leanne-jones :

If you normally had a new number sent to you (for the last 7 years) and this time it was not

leanne-jones :

Then you would lose the appeal, because you should have chased it up

JACUSTOMER-a08zrjn5- :

always had a new number but never new card with new number on - that's the point - I thought they updated electronically my old card as never sent a new card but took my money each year and didn't tell me even to call in an collect a new card

JACUSTOMER-a08zrjn5- :

always had number via email

leanne-jones :

I see. Yes you still have grounds, but even if you lose it will still be £40 and not £80

JACUSTOMER-a08zrjn5- :

surely they have a duty to tell me I have paid for a service but need to do something to get that service

JACUSTOMER-a08zrjn5- :

is that it then no further help

leanne-jones :

Yes you would think so, especially if the system changes, like it did this time

leanne-jones :

That is why I think you will suceed

JACUSTOMER-a08zrjn5- :

meanwhile they have my money and I m not covered - can I demand a rebate

leanne-jones :

No, but you can demand your new card with new number

JACUSTOMER-a08zrjn5- :

so would still not be covered until I get the new card and my car has been vulnerable for a few years - cannot believe a traffic warden has never checked it in all that time

leanne-jones :

And that is something you can say to the adjudicator.

JACUSTOMER-a08zrjn5- :

but depends on who that is - is that what you are saying

JACUSTOMER-a08zrjn5- :

I might just go to local Camden press

leanne-jones :

Yes. But in any event I really would appeal to the adjudicator. The fact is 5% of people appeal and the Council turn up at only 5% of those appeals

JACUSTOMER-a08zrjn5- :

and if they don't turn up do I get an automatic win

leanne-jones :

Not automatic but very much likely as the Adjudicator cant ask them questions

JACUSTOMER-a08zrjn5- :

I don't understand the system of electronic renewal if its not clear

leanne-jones :

I dont but then I am not a local authority lawyer.

leanne-jones :

Can I assist you any further today?

JACUSTOMER-a08zrjn5- :

doubt it ta

leanne-jones :

Ok - please remember to give my answer a great rating - thanks. And good luck with the appeal

Expert:  leanne-jones replied 4 years ago.
I'm just following up with you to see how everything is going. Did my answer help?


Leanne