PCN - how long does a council have to respond to an appeal?

[kiethton]

Quick version: The council have today responded to an appeal submitted 74 days ago, can I tell them to go away?

Long version:

Back on 29th June my wife parked in a council owned and operated car park and due to a combination of factors didn't pay for the ticket immediately.

The ticket was appealed on 30th June with the following:

"Evening, I parked and went to pay with coins which I had on me. With no ticket machine signs said payment via RingGo only. I had no signal in the proximity of the parking place.

I went to where I was going with my 1 year old daughter while trying to get signal and download the app. When I got there I found that she had soiled herself. When she was clean I managed to get Wifi, download the app and pay for the parking. Obviously some time had elapsed. I attach my invoice for the parking which I did pay for.

Please check your systems but you will see that I always pay for my parking and have never had a parking ticket before. I was prepared to pay immediately with cash at a meter, I had it on me, however Bromley's new parking processes were incompatible with the realities of both Beckenham's awful phone reception and my daughter's bowels.

Given my evidenced payment, albeit a little delayed, please cancel the ticket, else provide me with your formal appeals procedure.

Best,
"Mrs Kiethton"

A confirmation of receipt was received - the payment system switched to RingGo only earlier this year.

On 8th September we chased up the council and basically said, "as it has been nearly 70 days since the appeal was submitted and I have heard nothing please confirm cancellation as is now time-barred"

Today we received a letter rejecting the appeal while apologising for the time to reply saying it's not the usual practice etc.

Am I right in thinking that they have 56 days to respond to an appeal and I can tell them to go away?

[Ussrcossack]

Isn't there an appeal to an ombudsman?

If so follow the process.

Although from what you say you pain up albeit a bit late
Good luck

[kiethton]

Thanks - always a balance between a few quid in fk off money now and the time/hassle (and time off work) which costs more to prove a point.

She was late paying, about 40mins between - don't ask me how but easily done when juggling babies. Was more the point that the parking was paid for (eventually) and they've taken 72 days to reply...I really shouldn't have poked the bear last week!

[I am alright Jack]

kiethton said:

On 8th September we chased up the council

Sorry can't offer any help but had to say. The mind boggles, what a stupid thing to do.

[Sir Bagalot]

I had a similar problem albeit in a private car park.

The terms state payment must be made within 10 minutes.

The rejection of your appeal will have details of how to further appeal to an independent party. With the council they are fairly fair. With private car parks it's POPLA who aren't. When you appeal to these guys you no longer receive the discount of the original charge.

If your further appeal is dismissed then you have a simple choice. Pay, or go to court. When this starts I would write a letter simply explaining what happened and advise them you will only pay if ordered to do so in court. Then ignore all letters until you receive a letter before action.

I'm in court later this year.

[119]

But you had parked for 40 mins without paying, regardless of the moral aspect.

[Tommo87]

119 said:

But you had parked for 40 mins without paying, regardless of the moral aspect.

Yes, but it is still worth chancing your luck if you have a young child/old person with you, need the toilet, panic attack or other half reasonable excuse.

[vikingaero]

Make a complaint to the Local Government Ombudsman.

[Tigerj]

vikingaero said:

Make a complaint to the Local Government Ombudsman.

They will expect you to go through the council complaints procedure first. Even then they may not get involved as there is an appeal route to the Traffic Penalty Tribunal.