Parking PCN (Penalty Charge Notice) Appeal Successful

[gonewiththewind]

Here's the saga:

Many months ago I was issued with a parking PCN.

I appealed informally - the Council rejected my appeal. (why wouldn't they?)

I challenged formally - the Council rejected my challenge.

I appealed to the Parking Adjudicator - the Council resisted, provided reams of irrelevant evidence.

The Adjudicator had no hesitation in allowing my appeal that 'the offence did not occur'.

All good you might think.

During the Adjudicator process, the Council served a Charge Certificate on me, which is against the Regulations.

Two weeks after the Council had been informed of the Adjudicator's decision which instructed the Council to cancel the PCN, the Council issue a claim with Northampton Court and an Order for recovery of unpaid penalty charge is served. With all the usual Bailiff, takes your home, children, kidneys etc

Now there are only 4 grounds of defence that will be considered by Northampton CC. None of which is - the Council is not telling the truth.

I even sent a copy of the Adjudicator's decision to the Court but it is not admissible as a defence!

I'm pretty miffed by all this. My plan now is to send letter of claim to Council for damages and distress.

Anyone had similar experience?

[charitynjw]

Re: Parking PCN (Penalty Charge Notice) Appeal Successful

Presumably via Northampton TEC?

Welcome to LB, btw

[gonewiththewind]

Re: Parking PCN (Penalty Charge Notice) Appeal Successful

Yes, the Order was issued by Northampton TEC, but my claim would have to be through my nearest County Court that is still open, and thank you.

[charitynjw]

Re: Parking PCN (Penalty Charge Notice) Appeal Successful

You would probably need to send a letter before claim to the relevant local authority dept.

[gonewiththewind]

Re: Parking PCN (Penalty Charge Notice) Appeal Successful

That's my plan. It's crazy that there is no downside for a Council to issue tickets and claims, whereas Joe Public has all the grief and stress of proving innocence.

I'll send the Council an LBA next week and see what happens.

I know it's not easy to win significant costs through the Adjudicator, so I thought damages through the County Court would give the Council more problems.

I just wondered if anyone else had succeeded in the past.