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#Post#: 5480--------------------------------------------------
Merton Parking PCN
DIR By: Snowynight
Date: September 19, 2023, 11:42 am
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Hi,
I received a parking PCN by Merton council at Morden park Car
park at 12:50 (free from 13:00!) on Saturday 9 Sep,
Contravention code: 83. It's a pay and display. I did buy a
ticket but for some reason it fell off of the dashboard (maybe
because one window was left slightly open). It was unfortunate
:(
I'd like to appeal and am following Merton's PCN site to
challenge it. It shows this:
"We may be able to cancel your Penalty Charge Notice (PCN) if
you are able to provide us with a copy of P&D ticket that would
have been valid at the time of contravention.
In line with the appeals policy, an appeal may only be accepted
if
• It can be shown that you displayed a valid P&D ticket at the
time of the contravention
OR if all of the following are true:
• The ticket was on display, but was facing down or was
otherwise unreadable, and
• the Civil Enforcement Officer (CEO) did not say that the
obscured ticket was invalid, and
• the vehicle was otherwise parked in line with the Highway
Code, and
• we have not cancelled a PCN for you in similar circumstances.
If you meet the criteria above then select ‘Continue’ to start
the appeal. We will take you through the process of providing
the evidence we need to allow us to cancel the PCN.
"
Is the ticket considered not on display? Oh another thing is
that the ticket has the expiry time but doesn't have a purchase
time. How should I write the appeal?
Thanks very much!
#Post#: 5489--------------------------------------------------
Re: Merton Parking PCN
DIR By: fraser.mitchell
Date: September 19, 2023, 1:25 pm
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How does one prove one has displayed the ticket on the dash ?
Well, obviously only if you take a photo of the ticket on the
dash, but Merton are being rather disingenuous here as almost
nobody takes a photo.
I would proceed and state that as you have done so many times
over nn years of living in Merton, that you obtained a ticket
and placed it on the dash of the car in accordance with the car
park conditions. You should also supply a copy of the ticket. If
the ticket gives the amount paid, plus the end-time, then it is
surely just a matter of arithmetic to work out the issue time.
Put up a draft representation here for comment before
submitting, but don't miss any deadlines given on the PCN.
#Post#: 5530--------------------------------------------------
Re: Merton Parking PCN
DIR By: Snowynight
Date: September 20, 2023, 7:07 am
---------------------------------------------------------
Thanks for the reply!
My draft, any suggestions are welcome:
"
In response to the PCN (MT71713100) dated 09/09/2023, I would
like to formally challenge it.
As I have done many times over the 2 years of living in Merton,
on 9th Sep 2023 I did obtain a ticket and place it on the
dashboard of the car in accordance with the (Morden Park) car
park conditions. Please find attached a copy of the ticket,
which shows the expiry time at 13:00 (covering the time of
alleged contravention) and the amount paid. In this occasion,
unfortunately it appears that the ticket fell off of the
dashboard for some reason, perhaps due to a slightly open
window.
Also, I used the car park frequently as we go the gym there and
always purchased a ticket during the operating hours. I also
kept a few recent tickets which I can supply a copy on request.
As I did buy a ticket, I request the PCN to be cancelled. Thank
you!
"
I believe I need to submit by Friday (i.e., within 14 days) to
retain the reduced amount in case of a rejection?
Please also see the PCN for any potential technical errors I may
use against. I noticed the observation time appeared to be only
1 minute (12:49-12:50). Is it sufficient?
[attachment deleted by admin]
#Post#: 5531--------------------------------------------------
Re: Merton Parking PCN
DIR By: fraser.mitchell
Date: September 20, 2023, 7:43 am
---------------------------------------------------------
--- Quote ---
> Please also see the PCN for any potential technical errors I
may use against. I noticed the observation time appeared to be
only 1 minute (12:49-12:50). Is it sufficient?
--- End Quote ---
We need to see all pages of the PCN, as errors are often found
in the routine stuff.
There is no legal requirement for observation time.
#Post#: 5532--------------------------------------------------
Re: Merton Parking PCN
DIR By: Snowynight
Date: September 20, 2023, 8:04 am
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Thanks. I've updated my last reply with the back of the PCN
attached too.
#Post#: 5541--------------------------------------------------
Re: Merton Parking PCN
DIR By: fraser.mitchell
Date: September 20, 2023, 11:24 am
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--- Quote from: Snowynight link ---
>
> Thanks. I've updated my last reply with the back of the PCN
attached too.
>
--- End Quote ---
PCN looks kosher, I'm afraid.
#Post#: 5550--------------------------------------------------
Re: Merton Parking PCN
DIR By: Snowynight
Date: September 20, 2023, 12:00 pm
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Thanks. Any advice on my draft?
#Post#: 5555--------------------------------------------------
Re: Merton Parking PCN
DIR By: fraser.mitchell
Date: September 20, 2023, 2:09 pm
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For me, it looks OK. The CEO correctly issued a PCN because no
ticket was visible. You are asking for mitigation which is in
their power only, an adjudicator (at London Tribunals). cannot
consider mitigation.
#Post#: 5608--------------------------------------------------
Re: Merton Parking PCN
DIR By: Snowynight
Date: September 21, 2023, 3:22 am
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Thanks again!
I doubt mitigation would work but don’t know how else I can
approach this. the council may just want the money as they
really need money these days.
#Post#: 5610--------------------------------------------------
Re: Merton Parking PCN
DIR By: fraser.mitchell
Date: September 21, 2023, 3:42 am
---------------------------------------------------------
--- Quote from: Snowynight link ---
>
> Thanks again!
>
> I doubt mitigation would work but don’t know how else I can
approach this. the council may just want the money as they
really need money these days.
>
--- End Quote ---
I'm afraid its a money game with almost all councils these days.
My view is that there should not be a contravention for failure
to display what with all the Pay-by-Phone bays these days. CEOs
should issue "failure to pay" tickets, and then the recipient
could submit reps with the parking ticket.
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