Dear Mr Shaw
Thank you for your correspondence received on 02/07/2015 which has been dealt with as an informal challenge, in accordance with the Traffic Management Act 2004.
The information that you have provided has been carefully considered as well as the circumstances surrounding the issue of the penalty charge notice. The Council regrets having to disappoint you but your informal challenge has not been accepted in this instance.
The Council must advise that your vehicle was parked in a location subject to a restriction where loading is not permitted 10.00am-4.30. The traffic sign conveying this restriction was located immediately in front of your parked vehicle, as shown in the photograph below.
An observation period to determine whether loading or unloading was taking place was not required as such activity was patently in contravention of the parking restriction in force.
The Council acknowledges your claim that our officer was unhelpful and rude. In reply the Council must advise that our officer’s notes record that your own manner was aggressive and abusive. This matter will be forwarded to the Operations Team Leader for further investigation.
At the Council’s discretion a payment at the discounted sum of £35.00 will be accepted as full payment of the penalty charge notice if received within 14 days of the date of this letter.
If payment of the reduced charge of £35.00 is not received within 14 days of the date of this letter, or if payment of the full Penalty Charge of £70.00 is not received within 28 days of the date of the letter, the Council may issue a "Notice to Owner".
If payment is not received, registered keeper details may be requested from the DVLA and we may send the owner of the vehicle a Notice to Owner that will enable them to make a formal representation to us. We will consider all representations we receive. If we reject the representation the owner will be able to appeal to an independent parking adjudicator, who will consider whether any of the statutory grounds for appeal apply in the case. It is not possible to appeal to a parking adjudicator without going through the process of making a formal representation to us.
The Council has fulfilled its statutory duty to consider your informal challenge. Further correspondence received prior to a Notice to Owner being served will be considered but if in our consideration it does not merit cancelling the penalty charge it may not be replied to.