Parking fines (PCN's)

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Discussion

driveaway

Original Poster:

101 posts

6 months

Sunday 9th June
quotequote all
So my friend was driving along a street in Barnet, and the car starts shuddering, making violent sounds and cutting out, so he turns in to the next available spot to stop safely, not knowing what the issue is or if it dangerous, to stop and calls his mechanic. It was a suspended bay (it was by night but the suspension was 24/7 until the end date).

After a conversation in which the mechanic asked different questions to try and understand the issue, they guided him on how to proceed, until they could get to the garage.
Silly him, he didn't stay near the car whilst on the phone, and when he came back, he found that horrible yellow thingy on his windscreen.
What did he do, he calls the mechanic, and they (after fixing the car- which turned out to be the alternator) provided him with an invoice, which he sent off with his appeal to Barnet council (online).
They did not accept the argument, stating that he should have found another "parking" space where he could legally park, totally ignoring his point that it was potentially unsafe to carry on in any case, never mind start driving around looking for parking (my friend couldn't have known at the time if it was safe or not to carry on).
He mentioned this, but was ignored again.
Meanwhile, he was waiting for an answer, and when he realised that a bit of time has passed and they were not answering his appeal, he logged on to the portal where you can view the pcn, and he noticed that it has jumped to £130 already.

The problem is, he can't find the notice to owner, so he can't appeal to the tribunal.
He mentioned though to me, that when looking at the pictures online, 1 you can't see the picture of the vrm as it was shining back (nighttime) into the camera, same for the picture of the suspension sign, and the what was supposed to be the picture of the car, next to the suspension sign, with the ticket in the windscreen is a picture of an empty bay (the driver probably drove away by then).

What do you guys suggest, I am looking to help him, what tips, how to get in contact, what to do from here basically....?
Thanks.

driveaway

Original Poster:

101 posts

6 months

Monday 10th June
quotequote all
Any suggestions what to do?

stef1808

972 posts

164 months

Monday 10th June
quotequote all
Contact the council / parking services and request a copy of the NTO


driveaway

Original Poster:

101 posts

6 months

Monday 10th June
quotequote all
stef1808 said:
Contact the council / parking services and request a copy of the NTO
what would be the best way to fight it, given they didn't accept the drivers claim??

Tommo87

4,703 posts

120 months

Tuesday 11th June
quotequote all
Unfortunately the council will probably assume your friend parked there, wandered off and invented the alternator story subsequently by getting a mechanic friend to pony up an invoice.

But, I think with the remaining bits of the (presumably) exploded alternator and proof that the mechanic in question does roadside repairs, he might be ok in court.

jensenhealey2

163 posts

166 months

Thursday 13th June
quotequote all
It's a while since I challenged a PCN, but I have had a fair amount of success over the years, so here are my thoughts.
Seems the representations have not been accepted and NTO been issued so your friend must put in an appeal to the Parking Appeals Tribunal - see https://www.trafficpenaltytribunal.gov.uk/want-to-...

Have a look through this and see if the NTO is actually needed. If it is you will have to get a copy of=r at least the reference number form the Council.

You will need evidence. Your friend should set out the story as you have in as much detail as possible. He needs to explain why he wandered away from the car, that does seem to be a weak point in his story.

He should get supporting evidence from the mechanic, a statement not just the invoice. It is fine for you r friend to write it for the mechanic provided he discusses with him first and writes it in his (the mechanic's) words as best he can, and makes it clear that the mechanic must say if anything set out is not as he would say it. The facts the mechanic needs to get over are the fact of the phone call, the time he attended, the fact that the car was broken down with an alternator fault and that he fixed it.

Good luck with it.

pavarotti1980

5,455 posts

91 months

Friday 14th June
quotequote all
Tommo87 said:
Unfortunately the council will probably assume your friend parked there, wandered off and invented the alternator story subsequently by getting a mechanic friend to pony up an invoice.

But, I think with the remaining bits of the (presumably) exploded alternator and proof that the mechanic in question does roadside repairs, he might be ok in court.
Council PCNs don't go to court in the way a private one would

driveaway said:
Any suggestions what to do?
as above go through the TPT process

bad company

19,466 posts

273 months

Friday 14th June
quotequote all
Try contacting ‘Mr. Mustard’. He’s based in Barnet and has had considerable success, he helped me with a bus gate accusation.

https://www.times-series.co.uk/news/19937276.parki...

oyster

12,859 posts

255 months

Friday 14th June
quotequote all
Why didn't you just tell them straight away that you had broken down?

driveaway

Original Poster:

101 posts

6 months

Sunday 16th June
quotequote all
bad company said:
Try contacting ‘Mr. Mustard’. He’s based in Barnet and has had considerable success, he helped me with a bus gate accusation.

https://www.times-series.co.uk/news/19937276.parki...
Who's that??

driveaway

Original Poster:

101 posts

6 months

Sunday 16th June
quotequote all
oyster said:
Why didn't you just tell them straight away that you had broken down?
assumptions are not clever.

Maybe ask did they tell them straight away (which the answer is yes)....?