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#Post#: 71235--------------------------------------------------
North Tyneside Code 86 Parked Outside Marked Bays - Spanish
Battery Off Street Car Park
DIR By: Handsomejohnny
Date: May 13, 2025, 6:54 am
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Link to relevant pics and copy of PCN:
HTML https://imgur.com/a/xZMeHHz
I parked as best as i could in what appeared to be a small but
legit marked parking bay (as per the pic), only one of my wheels
was outside the lines, due to the uneven shape of the bay and
the fact that the car adjacent was parked encroaching into my
bay. This was 6 April 2025.
There was no PCN on the car when I got back,so I left and went
about my usual business.
This morning I received a NtO regarding a PCN issued on 6 April
which stated I had missed the 14 day discount and was liable for
a £50 penalty.
I hope that someone can give me some advice around the best way
to manage this. I think I have a couple of potential routes...
1. Challenge based on the fact that there was no PCN secured to
my vehicle (council pics show "something" under the passenger
wiper but it's not clear and wasn't there when I got back to the
car, otherwise I'd likely have challenged via route 2...)
2. Challenge based on the fact that the bay i parked in is
marked the same as the other bays (no specific vehicle only
markings), is an awkward shape to park in, was partially
obstructed by the adjacent vehicle, only one wheel of my vehicle
was outside of the marked bay, and my vehicle caused no
obstruction to other vehicles in the car park, the signage does
not clearly state that vehicles must park within the white lines
of a single bay just "beyond or outside the marked bays" - I
would interpret that as parking outside of the designated
parking area.
I've made initial representations on the grounds that I've not
had a fair chance to appeal or pay the discounted rate, and hope
that at best the PCN is cancelled and at worst it's reissued
with the clock started again.
If it's reissued, can anyone tell me how likely it is that I'd
be successful lodging an appeal via route 2 above?
Thanks in advance ☺️
Liam
#Post#: 71313--------------------------------------------------
Re: North Tyneside Code 86 Parked Outside Marked Bays - Spanish
Battery Off Street Car Park
DIR By: stamfordman
Date: May 13, 2025, 10:09 am
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They can't reissue the PCN and will do one of three things:
Cancel
Reject reoffering the £25 discount
Reject not offering discount
Second is most likely but it's a petty PCN and if they don't
want that used as a parking space they need to mark it out of
bounds.
HTML https://i.imgur.com/na2YC9c.jpeg
#Post#: 79010--------------------------------------------------
Re: North Tyneside Code 86 Parked Outside Marked Bays - Spanish
Battery Off Street Car Park
DIR By: Handsomejohnny
Date: July 1, 2025, 4:20 am
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Update: I made representations based on no PCN attached when I
got to my vehicle, and I've heard nothing since the confirmation
email.
I've kept an eye on the PCN page on the council website where
there'd been a note saying a representation had been made and
the outstanding amount was stated as £50.
When I checked on Saturday 28 June, the note about a
representation has gone, case status says open, and amount
outstanding has changed to £75.
I'm reluctant to contact them as there's not long until the 56
day response deadline is up, and I'd rather not prompt them to
look at it.
Does anyone have an idea what might have happened? As far as I
can see, there's no £75 PCN charge associated with parking under
North Tyneside Council
#Post#: 79013--------------------------------------------------
Re: North Tyneside Code 86 Parked Outside Marked Bays - Spanish
Battery Off Street Car Park
DIR By: stamfordman
Date: July 1, 2025, 4:29 am
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£75 means they've issued a charge certificate probably because
they sent a rejection you didn't get.
Is the name and address totally correct on the NTO you did get.
You can get this re-set when they register the debt. See if the
CC arrives.
#Post#: 79030--------------------------------------------------
Re: North Tyneside Code 86 Parked Outside Marked Bays - Spanish
Battery Off Street Car Park
DIR By: Handsomejohnny
Date: July 1, 2025, 6:03 am
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Yeah, all details correct and all the other council letters
arrive fine. Should they not have emailed me a response or at
least a notification? And how can they issue a charge notice?
The NTO states that only happens if I dont make reps.
#Post#: 79037--------------------------------------------------
Re: North Tyneside Code 86 Parked Outside Marked Bays - Spanish
Battery Off Street Car Park
DIR By: fraser.mitchell
Date: July 1, 2025, 6:20 am
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--- Quote from: Handsomejohnny link ---
>
> Yeah, all details correct and all the other council letters
arrive fine. Should they not have emailed me a response or at
least a notification? And how can they issue a charge notice?
The NTO states that only happens if I dont make reps.
>
--- End Quote ---
As stamfordman says, it is likely they have sent or emailed you
a letter of rejection of your reps. This normally re-offers the
discount for a period, and when that expires, if it is over the
28 days allowed for payment on the PCN, they will issue a Charge
Certificate. Nothing to stop you asking when/if they sent a
rejection to your reps and how (post or email) and state you
didn't receive it. They may then cancel the CC but if not, you
still have the option available to you at the Order for Recovery
stage.
Let us know how you get on. If they are obdurate, we can explain
the Witness Statement process.
#Post#: 79055--------------------------------------------------
Re: North Tyneside Code 86 Parked Outside Marked Bays - Spanish
Battery Off Street Car Park
DIR By: Handsomejohnny
Date: July 1, 2025, 7:14 am
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Thanks, both of you.
I've definitely not received anything in the post since the NTO
and there's no email in my inbox or junk.
Should I wait and see if a charge certificate arrives before
contacting them? I'm worried about this affecting my credit
rating if it ends up going too far.
Also, is there a way to prove non receipt of a letter? I'm not
sure how I'd be able to prove i didnt receive something by
post...
#Post#: 79076--------------------------------------------------
Re: North Tyneside Code 86 Parked Outside Marked Bays - Spanish
Battery Off Street Car Park
DIR By: fraser.mitchell
Date: July 1, 2025, 8:40 am
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There is no possibility whatsoever that your credit rating will
be affected.
Presumably you're thinking you might get a CCJ, yes ? Well, the
decriminalised parking and traffic legislation was specially
written to exclude such a possibility. Of course councils, in
their ruthless gaming of the system to their own advantage
always threaten the PCN recipient with the county court, but
they cannot take anybody to a county court; they must by law
register all PCN debts at the Traffic Enforcement Centre at
Northampton. This is essentially a county court without any
courtrooms or judges.
#Post#: 79102--------------------------------------------------
Re: North Tyneside Code 86 Parked Outside Marked Bays - Spanish
Battery Off Street Car Park
DIR By: Handsomejohnny
Date: July 1, 2025, 9:48 am
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That's reassuring, thanks mate 👍🏼
#Post#: 79108--------------------------------------------------
Re: North Tyneside Code 86 Parked Outside Marked Bays - Spanish
Battery Off Street Car Park
DIR By: H C Andersen
Date: July 1, 2025, 11:30 am
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Does anyone have an idea what might have happened?
As per others, they've surcharged the penalty.
But the timings look awry based upon your account although this
might be down to very sketchy particulars on their website.
The regs provide:
If the enforcement authority does not accept the
representations, its decision notice—
(a)must—
(i)state that a charge certificate may be served on the
recipient unless within the period of 28 days beginning with the
date of service of the decision notice—
(aa)the penalty charge is paid, or
(bb)the recipient appeals to an adjudicator against the penalty
charge,
(sorry, but nothing to do with re-offered discount or 28 days
based on the date of the PCN).
Therefore, for a charge certificate to be issued on 28 June or
earlier based upon them having received valid representations
their NOR must have been posted no later than 28 May.
But you've 'kept an eye on the PCN page on the council website
where there'd been a note saying a representation had been made
and the outstanding amount was stated as £50.' and I would have
expected this to have said 'representations rejected' or 'NOR'
issued or similar since 28 May.
So the NOR ship has sailed and it's not coming, but you might
get the CC.
Otherwise you need to check with the council when they issued
the CC.
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