PCN - Potential Issue for an Order for Recovery

[Marciano]

Hi all, Hope you are well,

In need of some urgent help, and was told this was the forum to go to as I've read some helpful things on various other threads.

I have been going back and forth with the council on a PCN I received last summer for parking in a residents bay, I have been constantly appealing due to being out of my hometown and not getting said mail and because of this I am I have requested the payment price to be reset as you'll see in the letter. It has come to a stage where they are now asking for full payment and I am finding it extremely unfair to be put in a position where I am paying more than triple the original for something that was out of my control. In addition to having good reasoning behind why my car was left there.

I will attach the letter now: http://imgur.com/a/E6UBa

Any help at all would be greatly appreciated as I am stressing out as I have told them many times I am not financially fit enough to be able to afford the payments they're asking for if I was forced to pay it.

Thanks in advance, Hope to hear from you.

M

[Marciano]

Re: PCN - Potential Issue for an Order for Recovery

anyone out there able to offer some advice? I have seen someone called M1 who seems like the right person...

Would be greatly appreciated.

Kind Regards

[wales01man]

Re: PCN - Potential Issue for an Order for Recovery

What appeals have you made since getting this ticket

[Marciano]

Re: PCN - Potential Issue for an Order for Recovery

Many appeals back and forth, many of which was me explaining my apologies for late replies due to being away from home due to family issues etc.

[wales01man]

Re: PCN - Potential Issue for an Order for Recovery

Have you exhausted their appeals process and has this been passed on to Bailiffs

[Marciano]

Re: PCN - Potential Issue for an Order for Recovery

Well the letter that I linked above states I can't appeal any further but If i go onto the appeal site for the council I probably could select the link and no it hasnt been passed onto bailiffs yet, I think this is the charge certificate stage and the next stage if unpaid is an Order for Recovery from what the letter says...

[Marciano]

Re: PCN - Potential Issue for an Order for Recovery

*edit - it doesn't state I cannot appeal any further, Only urges me to do a witness statement

[wales01man]

Re: PCN - Potential Issue for an Order for Recovery

Have you looked into the witness statement it appears you have to say the council have not done certain things you need to check its all online

[Marciano]

Re: PCN - Potential Issue for an Order for Recovery

I have looked into it but I am unsure what I would explain as my reasoning, to be honest I have just been appealing the whole time and buying time until I was fit to repay the £65 original PCN, My car battery had died that day and I had to meet a friend on the highroad and direct him to my vehicle to jump start it, I didn't want to go through this whole process of constant back and forths but it seems it is at that point...

I have paperwork proof of my cars faulty nature and the many times it has died on me if that means anything...

What do you think? Witness Statement is the only way forward at the moment? If so what would my argument be?

Thank you so much once again

Kind Regards

[wales01man]

Re: PCN - Potential Issue for an Order for Recovery

The 'Witness Statement' form.
The Witness Statement is an important legal statement which states that you did not receive either
1. a Notice to Owner, or
2. a Notice of Rejection from the council, or
3. a Notice of Refusal from the Traffic Penalty Tribunal, or
4. that you paid the penalty charge within 28 days of receiving it.
On the form you will see ONE of 4 boxes to tick each of which relates to one of the headings above

[Marciano]

Re: PCN - Potential Issue for an Order for Recovery

Do you not think I have a valid argument regarding my car battery and its faulty nature at all and should just follow one of the above points through a witness statement?

[wales01man]

Re: PCN - Potential Issue for an Order for Recovery

Probably not if you have tried that already seems you have only witness statement to get this cancelled and looks as if that's a no go .
Time to pay im afraid unless someone else on here can offer a way out

[Marciano]

Re: PCN - Potential Issue for an Order for Recovery

No, I haven't mentioned anything regarding my vehicle breaking down as I thought they might possibly have let me have till the end of this month to repay the original amount and I wanted to avoid back and forths and the headache...

Real predicament...

How would I even go about bringing up the point of my car battery at this stage to mitigate the fine or get it struck off?

Regards

[wales01man]

Re: PCN - Potential Issue for an Order for Recovery

You could write to the council but expect them to throw it out and go for the order time may not be on your side now im afraid

[Marciano]

Re: PCN - Potential Issue for an Order for Recovery

Hm I see,

I am not in a financial situation at all to be paying back that amount in one go, I just can't, hence why I'm panicking, Surely they would back off knowing I do have paperwork proof of the many many times breakdown cover have come to rescue me due to my faulty car battery, would these grounds not be strong enough to win in court with ?