County Court Claim for costs in dealing with parking contravention notice

[henrygregory]

Hi, I was recently served a PCN from Essex Parking Partnership for an alleged parking contravention.
I have challenged them informally and had the most useless response back. I am planning on now formally challenging this PCN and would be grateful to know if I would be able to put my costs forward. Looking into this issue has cost me hours of my own time which I would now like to charge at litigant in person rate. I understand that if I am even able to do this, I could not realistically consider it unless I win the formal challenge, but would really appreciate it if anyone could give me any further info.

Thanks.

[ploddertom]

Re: County Court Claim for costs in dealing with parking contravention notice

On what grounds are you challenging the ticket? What stage has it got to? You won't get anywhere claiming costs unless of course they have seriously cocked it up which I doubt.

[wales01man]

Re: County Court Claim for costs in dealing with parking contravention notice

On what grounds are you challenging them? Were you parked as they state?do you have evidence to defend this if it went to court? amswers to these questions will get answers from others on here

[henrygregory]

Re: County Court Claim for costs in dealing with parking contravention notice

Hello there. Yes, there were several mistakes and an inconsistency.
The road name of the PCN is incorrect. It is listed as Hatfield Broad Oak, but when checking on the council's very own pot hole reporting website, the road is named as Bush Hill End.

Secondly,


The PCN does not satisfy Regulation 3(2)(b)(ii) of the The Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007 which it must.
Please see: http://www.legislation.gov.uk/uksi/2...ulation/3/made

Lastly, the inconsistancy; I parked in a non tarmacked layby type of area. There were no signs anywhere but double yellow lines along the length of the road.
The lay-by area in which I was parked appeared not to be part of the high way as there was no kerb, no road surface, very large pot holes, no signs detailing any kinds of restrictions and lastly, the double yellow lines did not follow in to the lay-by (although I know this does not have to occur).

Hopefully that will be enough evidence to defend my spending hours in looking into this case as well as having to physically re-visit the site to take photos and observe for signs.

I have managed to dig out an image of the area I was parked:

[wales01man]

Re: County Court Claim for costs in dealing with parking contravention notice

I think there was something on LB very similar to this a few weeks ago naybe someone can supply a link to it

[charitynjw]

Re: County Court Claim for costs in dealing with parking contravention notice

There you go!

http://www.legalbeagles.info/forums/showthread.php?41065-Parking-fine-for-being-parked-in-country-lay-by&highlight=penalty+charge+notice

[labman]

Re: County Court Claim for costs in dealing with parking contravention notice

I'll repeat my advice from your previous thread, but go a bit further. These people are nearly always spot on:

http://forums.pepipoo.com/index.php?showtopic=41229

If I were you I'd pay it and put it down to experience.

[wales01man]

Re: County Court Claim for costs in dealing with parking contravention notice

After the original ticket has another been issued as I presume the reduced payment option has expired

[labman]

Re: County Court Claim for costs in dealing with parking contravention notice

I assume you've read this:

http://www.legalbeagles.info/forums/...rking-Offences

@Wales - the discount is only available if the ticket is paid within 14 days, so yes, that period will have expired. :beagle:

[wales01man]

Re: County Court Claim for costs in dealing with parking contravention notice

I was asking if anything else had come from the council as it seems a long time ago when the ticket was issued been over 12 weeks now when does the next stage after non payment happen?

[labman]

Re: County Court Claim for costs in dealing with parking contravention notice

I was asking if anything else had come from the council as it seems a long time ago when the ticket was issued been over 12 weeks now when does the next stage after non payment happen?

All local authorities offer a 50% discount if payment is made within 14 days from the date of the issue of the PCN. After that time the fine reverts back to the full amount. If a Local Authority believes procedures have been followed correctly, but the PCN remains outstanding, an application may be made to the Traffic Enforcement Centre (TEC) to register the penalty as a debt. This will then be served on you, together with a Statutory Declaration Form

(taken from link in my post above - have a read!)

[wales01man]

Re: County Court Claim for costs in dealing with parking contravention notice

Whats the time scale? I know where non payment can lead

[labman]

Re: County Court Claim for costs in dealing with parking contravention notice

Read the link in Post #7. It's the bit under "Important Information for PCN's" clearly sets out the timescale. :beagle:

[henrygregory]

Re: County Court Claim for costs in dealing with parking contravention notice

Read the link in Post #7. It's the bit under "Important Information for PCN's" clearly sets out the timescale. :beagle:

The PCN was issued quite some time ago. I sent in my informal appeal in good time, and it has taken the incompetent, uneducated morons all this time to respond with a letter which does not address any of the points in my appeal and quite frankly is a good example of impropriety.

On their response letter which basically says they have declined my informal appeal, it gives me 14 days since the day the letter has been sent to pay at a reduced rate of £35.00, provided the fine gets to them within the 14 days, otherwise it is £70.00

[wales01man]

Re: County Court Claim for costs in dealing with parking contravention notice

Where to next?