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#Post#: 5736--------------------------------------------------
Re: Merton Parking PCN
DIR By: ivanleo
Date: September 21, 2023, 6:34 pm
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You only have a reg 9 PCN.
You can make informal representations asking the council to
exercise discretion to cancel, and you have some pretty decent
mitigation to put forward i.e. there was no deliberate attempt
to avoid payment and the parking fee was in fact paid.
If the council rejects, they will almost certainly reoffer the
discount, which you should ignore.
I say ignore because the next step is the notice to owner, where
you can make the same challenge and the council is required to
consider your representation afresh. As long as you challenge
the notice to owner during the initial 14 days from the date of
issue, they almost invariably reoffer the discount to dissuade
you from appealing (because the cost to them of handling an
appeal is more than the extra money they would collect even
assuming that they win).
So you might as well have a go with the mitigation argument, you
have at least two shots and you likely don't have to commit the
full amount until you get the formal notice of rejection.
And at that stage, there might have been a procedural
impropriety, they might have missed the 56 day deadline for
responding to formal representations, I might have found an
issue with the parking places order and so on.
In the first instance post a draft challenge on here for review.
#Post#: 5765--------------------------------------------------
Re: Merton Parking PCN
DIR By: Snowynight
Date: September 22, 2023, 7:00 am
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Thanks very much [member=1]cp8759[/member]!
I've posted a draft previously. Please see below and let me know
what you think. I believe I need to submit it today to retain
the reduced amount.
"
In response to the PCN (xxxxx) 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 the
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 to 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!
"
--- Quote from: cp8759 link ---
>
> You only have a reg 9 PCN.
>
> You can make informal representations asking the council to
exercise discretion to cancel, and you have some pretty decent
mitigation to put forward i.e. there was no deliberate attempt
to avoid payment and the parking fee was in fact paid.
>
> If the council rejects, they will almost certainly reoffer the
discount, which you should ignore.
>
> I say ignore because the next step is the notice to owner,
where you can make the same challenge and the council is
required to consider your representation afresh. As long as you
challenge the notice to owner during the initial 14 days from
the date of issue, they almost invariably reoffer the discount
to dissuade you from appealing (because the cost to them of
handling an appeal is more than the extra money they would
collect even assuming that they win).
>
> So you might as well have a go with the mitigation argument,
you have at least two shots and you likely don't have to commit
the full amount until you get the formal notice of rejection.
>
> And at that stage, there might have been a procedural
impropriety, they might have missed the 56 day deadline for
responding to formal representations, I might have found an
issue with the parking places order and so on.
>
> In the first instance post a draft challenge on here for
review.
>
--- End Quote ---
#Post#: 5767--------------------------------------------------
Re: Merton Parking PCN
DIR By: ivanleo
Date: September 22, 2023, 7:03 am
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Change that to say
[indent]
Also, I used the car park frequently as we go to the gym there
and always purchased a ticket during the operating hours. I also
kept a few recent tickets which I attach.
[/indent]
The council is only required to consider the evidence you
actually supply, they are under no obligation whatsoever to
consider evidence that you could have supplied but have not sent
to them.
#Post#: 5768--------------------------------------------------
Re: Merton Parking PCN
DIR By: Snowynight
Date: September 22, 2023, 7:14 am
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Good point! I'll update it.
#Post#: 6737--------------------------------------------------
Re: Merton Parking PCN
DIR By: ivanleo
Date: October 5, 2023, 4:18 am
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For later: The Merton (Off-Street Parking Places) (No. 1) Order
2019
HTML https://drive.google.com/uc?id=1oyRtfA4WtQ4_4Ivu18bmuWeJOvoeMozj.
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