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#Post#: 13439--------------------------------------------------
Re: Ealing - Parked in Residents Bay without a Valid Permit -
12r
DIR By: fraser.mitchell
Date: January 8, 2024, 3:33 am
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No, keep to one thread, because the second PCN is for the same
contravention. It looks like you can claim continuous
contravention and request that the later PCN be cancelled.
#Post#: 13558--------------------------------------------------
Re: Ealing - Parked in Residents Bay without a Valid Permit -
12r
DIR By: twigtwig
Date: January 10, 2024, 11:19 am
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Hello all,
I was planning to submit the two formal responses to the Notice
To Owners for the two tickets. To note there are two tickets
here - the first one (EA59368572) - which wasn't attached to my
car, and the second which was (EA59388853).
Any feedback/suggestions would be warmly received. I will look
to submit these representations once we have feedback etc
through.
Thanks,
Mark
TICKET 1 EA59368572
Formal Representations In Response To Notice To Owner
Penalty Charge Notice: EA59368572
Vehicle Registration Number: CX65 NJE
I am writing to request that this PCN is cancelled on the
following grounds:
i. Procedural Impropriety
I am appealing because the Ealing Council website did not work
correctly when renewing my permit. I received an email from
Ealing Council on 21st Sept, telling me I needed to renew my
permit, reference - EAX1108243. I did this, on Wednesday, 13 Sep
at 19:55. I believed that I had renewed my permit, as the
payment appeared to go through, I approved the payment on my
mobile banking app and the website appeared to take payment
successfully. I continued to park my car as usual, and I assumed
that the new permit would begin on 19/10/23.
However, on 22nd November I found I had a ticket attached to my
car (this was a separate ticket – which was issued on 22nd
November – ticket ref EA59368572 was not attached to my car). On
checking my online account, it appears that the permit was not
issued. I called Parking Services on 23rd November, and the
advisor I spoke advised that the council did have problems with
their payment processor in Sept / October and this could have
meant that the payment did not go through. I checked my bank
statement, and it shows that in fact the payment was not taken.
She advised as this was a known issue, helped me renew the
permit and suggested that I appeal this ticket, and that the
council would likely cancel the ticket.
I have now purchased a replacement permit (Ref: EAX1315940). I
hope that you can see from the evidence that I submitted, that I
was under the impression that my permit had been renewed on Sept
13th.
I have gone back to the council, and asked that they put this in
writing, and they have now said that the person that I spoke to
was not aware there was a general problem, but could see my
application and that payment wasn’t taken.
I have attached the following as evidence:
-a. Screenshot of the transaction from my mobile banking app
-b. Screenshot from Ealing Parking Permit Portal which shows
two valid permits
-c. Email from parking services, which confirms that I
attempted to renew my permit
ii. The alleged offence did not occur
I also wish to appeal on the further grounds that the alleged
offence did not occur. The CEO has recorded the offence as 12r.
However, I believe that this is the incorrect wording and
therefore the alleged offence did not occur.
Code 12r - 'Code description: Parked in a residents’ or shared
use parking place or zone without either clearly displaying a
valid permit or voucher or pay and display ticket issued for
that place, or without payment of the parking charge.'
However, I notice in the Civil Enforcement Officers Handbook
V2a, it suggests 'If a previously valid permit has expired then
code 19 should be issued.'
Code 19 wording is as follows: 'Code description: Parked in a
residents’ or shared use parking place or zone either displaying
an invalid permit or voucher or pay and display ticket - or
after the expiry of paid for time.'
I therefore suggest that the offence did not occur, and the PCN
should be cancelled on these grounds.
Yours faithfully,
________________________________________________________________
TICKET 2 EA59388853
Formal Representations In Response To Notice To Owner
Penalty Charge Notice: EA59388853
Vehicle Registration Number: CX65 NJE
I am writing to request that this PCN is cancelled on the
following grounds:
i. Procedural Impropriety
I am re-stating the grounds which I made in my informal appeal
which I made on 23rd November.
I am appealing because the Ealing Council website did not work
correctly when renewing my permit. I received an email from
Ealing Council on 21st Sept, telling me I needed to renew my
permit, reference - EAX1108243. I did this, on Wednesday, 13 Sep
at 19:55. I believed that I had renewed my permit, as the
payment appeared to go through, I approved the payment on my
mobile banking app and the website appeared to take payment
successfully. I continued to park my car as usual, and I assumed
that the new permit would begin on 19/10/23.
However, on 22nd November I found I had a ticket attached to my
car. On checking my online account, it appears that the permit
was not issued. I called Parking Services on 23rd November, and
the advisor I spoke advised that the council did have problems
with their payment processor in Sept / October and this could
have meant that the payment did not go through. I checked my
bank statement, and it shows that in fact the payment was not
taken. She advised as this was a known issue, helped me renew
the permit and suggested that I appeal this ticket, and that the
council would likely cancel the ticket.
I have now purchased a replacement permit (Ref: EAX1315940). I
hope that you can see from the evidence that I submitted, that I
was under the impression that my permit had been renewed on Sept
13th.
I have gone back to the council, and asked that they put this in
writing, and they have now said that the person that I spoke to
was not aware there was a general problem, but could see my
application and that payment wasn’t taken.
I have attached the following as evidence:
-a. Screenshot of the transaction from my mobile banking app
-b. Screenshot from Ealing Parking Permit Portal which shows
two valid permits
-c. Email from parking services, which confirms that I
attempted to renew my permit
ii. The alleged offence did not occur
I also wish to appeal on the further grounds that the alleged
offence did not occur. The CEO has recorded the offence as 12r.
However, I believe that this is the incorrect wording and
therefore the alleged offence did not occur.
Code 12r - 'Code description: Parked in a residents’ or shared
use parking place or zone without either clearly displaying a
valid permit or voucher or pay and display ticket issued for
that place, or without payment of the parking charge.'
However, I notice in the Civil Enforcement Officers Handbook
V2a, it suggests 'If a previously valid permit has expired then
code 19 should be issued.'
Code 19 wording is as follows: 'Code description: Parked in a
residents’ or shared use parking place or zone either displaying
an invalid permit or voucher or pay and display ticket - or
after the expiry of paid for time.'
I therefore suggest that the offence did not occur, and the PCN
should be cancelled on these grounds.
Yours faithfully,
#Post#: 13934--------------------------------------------------
Re: Ealing - Parked in Residents Bay without a Valid Permit -
12r
DIR By: twigtwig
Date: January 18, 2024, 5:59 am
---------------------------------------------------------
Hello - before I submit representations, any comments etc would
be appreciated.
#Post#: 13940--------------------------------------------------
Re: Ealing - Parked in Residents Bay without a Valid Permit -
12r
DIR By: fraser.mitchell
Date: January 18, 2024, 7:12 am
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--- Quote from: twigtwig link ---
>
> Hello - before I submit representations, any comments etc
would be appreciated.
>
--- End Quote ---
Looks all right to me; don't miss the deadline for submission
#Post#: 13996--------------------------------------------------
Re: Ealing - Parked in Residents Bay without a Valid Permit -
12r
DIR By: twigtwig
Date: January 19, 2024, 7:38 am
---------------------------------------------------------
Reps submitted - will update when I have news.
Thank you.
#Post#: 15577--------------------------------------------------
Re: Ealing - Parked in Residents Bay without a Valid Permit -
12r
DIR By: twigtwig
Date: February 13, 2024, 9:31 am
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Both tickets cancelled, thanks.
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