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#Post#: 79459--------------------------------------------------
Outer Circle PCN - Regents Park
DIR By: Rosy
Date: July 3, 2025, 3:23 pm
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Hello. Thanking you in advance for your advice.
I am the RK of the car that received this PCN on Sunday on the
Outer Circle by Regents Park.
The driver Could not see where to pay and thought maybe the sign
meant they didn't need to pay on Sunday or that there was no
payment at that time as they couldn't see a machine.
Here is the ticket:
HTML https://i.ibb.co/twCTJ9zw/Whats-App-Image-2025-07-03-at-21-46-13.jpg
HTML https://ibb.co/BHs5C9GH
HTML https://i.ibb.co/qYVvqF8T/Whats-App-Image-2025-07-03-at-21-11-04.jpg
HTML https://ibb.co/Qvt4SjVy
The driver looked around for where to pay and could not see
anywhere. They walked down several metres both ways and still
not see anything. This is what they saw in both directions.
Turns out the pay machine was hidden behind the hedge, which had
become overgrown:
HTML https://i.ibb.co/Nd9jgnDY/PXL-20250629-160400599.jpg
HTML https://ibb.co/1trqYJy2
HTML https://i.ibb.co/jvbDR9r4/PXL-20250629-160121279-MP.jpg
HTML https://ibb.co/Z6GxmRMT
This was the signage at the site:
HTML https://i.ibb.co/B53M8tMC/PXL-20250629-160135366.jpg
HTML https://ibb.co/XrLRmbRC
What technicalities could I use to fight it? There must be
something about ensuring hedges are trimmed?
Thanks so much in advance.
#Post#: 79463--------------------------------------------------
Re: Outer Circle PCN - Regents Park
DIR By: John U.K.
Date: July 3, 2025, 3:35 pm
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You need to go through your images at ibb and replace the HTML
links with the BBcodes (copy from the 2nd link beneath the image
at ibb and paste them directly into your post, so
HTML https://i.ibb.co/TDC8KwVh/Whats-App-Image-2025-07-03-at-21-10-37.jpg
HTML https://ibb.co/1YSqs0D2
Also reinstate yr PCN number and Reg Mark.
#Post#: 79464--------------------------------------------------
Re: Outer Circle PCN - Regents Park
DIR By: Rosy
Date: July 3, 2025, 3:43 pm
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Thanks I've edited. Can I check why I would reinstate my reg
and PCN number though please? We used to be told to edit them
out.
#Post#: 79480--------------------------------------------------
Re: Outer Circle PCN - Regents Park
DIR By: fraser.mitchell
Date: July 3, 2025, 5:49 pm
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This is not a Penalty Charge Notice, it is an Excess Charge
Notice, and there are a load of regulations at the top of the
ECN that need to be looked at. If I can, I'll try to have a look
tomorrow. Certainly a Notice to Owner is normally only served
after a PCN has been served. I have my suspicions that the
people contracted to manage parking, (NSL Services Group) are
confused and have got the process completely wrong, but it may
be me who's wrong !
#Post#: 79623--------------------------------------------------
Re: Outer Circle PCN - Regents Park
DIR By: Rosy
Date: July 4, 2025, 3:51 pm
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Ok thank you. Appreciate you looking into it. I've not heard of
one of these before.
#Post#: 79629--------------------------------------------------
Re: Outer Circle PCN - Regents Park
DIR By: fraser.mitchell
Date: July 4, 2025, 5:21 pm
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Having had a quick look through the regulations, there is
absolutely nothing in them relating to a Notice to Owner. The
Regulations are not part of any decriminalised legislation. The
Act in use in England is the Traffic Management Act 2004, but
the Royal Park regulations are ordered under Section 62 of the
Road Traffic Regulation Act, which empowers the government to
make regulations for the Royal Parks. This includes the parking
charges and excess charges. This is the regulations: -
HTML https://www.legislation.gov.uk/uksi/1995/993/made
There have been several amendments over the years since, such as
to increase the parking charges, but the basic regulations
remain.
It's not clear if non=payment of an Excess Charge can be dealt
with in the County Court, or at a Magistrates Court. I suspect
it would be dealt with in a County Court as a debt.
#Post#: 79633--------------------------------------------------
Re: Outer Circle PCN - Regents Park
DIR By: John U.K.
Date: July 5, 2025, 12:30 am
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We have had these before. There is a long, but inconclusive,
thread here
HTML https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/ecn-kensington-gardens-parking-machine-not-working/30/
It's not often HTLA seems to be stumped. Previous advice seems
to be pay at discount, much as it pains to write it.
#Post#: 79671--------------------------------------------------
Re: Outer Circle PCN - Regents Park
DIR By: H C Andersen
Date: July 5, 2025, 6:34 am
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OP, IMO nothing has changed. The excess charge is payable by
Excess charge
7.—(1) An excess charge of £30* shall be payable, in accordance
with paragraph (2), in respect of any vehicle which is allowed
to remain parked in contravention of regulation 3 or 4.
(2) The excess charge shall be paid to the Secretary of State,
or to a person authorised by the Secretary of State to receive
such charge on his behalf, by the person who parked the vehicle
in the Park within 14 days of the date of a written demand for
the same.
(3) Payment of the excess charge in accordance with paragraph
(2) shall preclude proceedings being commenced for contravention
of regulation 3 or 4.
*- increased to £80 on 2010.
If you weren't driving then this is a defence against any claim
against you, should you get one. I say should you get one
because you've posted an ECN, but it's not for you, it's for the
driver. Therefore it's for the driver to decide. If the driver
is also the registered keeper and if a demand - they refer to
NTO but there's no such beast under these regulations- is issued
to the RK then they should come back here.
As regards the underlying failure to comply with the regulations
which were communicated via the sign, this is correct: payment
was required but not made. Had the driver looked diligently they
would have found the machine.
At this stage the person holding the ECN could hardly challenge
that they weren't!
#Post#: 79734--------------------------------------------------
Re: Outer Circle PCN - Regents Park
DIR By: Rosy
Date: July 5, 2025, 4:57 pm
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Ok thanks all. As the RK I think I'm just going to pay it.
Especially as it's only £40 right now. Very very annoying but
what can I do.
#Post#: 79753--------------------------------------------------
Re: Outer Circle PCN - Regents Park
DIR By: H C Andersen
Date: July 6, 2025, 6:47 am
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If you were also the driver (which I assume you were because
otherwise how would the unknown - to NSL- RK have possession of
an ECN left on a vehicle) then this is prudent. If you were not
the driver then you have the choice.
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