Author Topic: bexly scars in the paper agen  (Read 4431 times)

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Offline news shopper martin

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bexly scars in the paper agen
« on: 06 September, 2011, 05:53:15 PM »
Bexley scars got them selfs in the news shopper again this time parking ileagl which ant a new thing for Bexley now is it?
« Last Edit: 06 September, 2011, 07:49:08 PM by Monkey Girl »
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Offline The Bald Eagle

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Re: bexly scars in the paper agen
« Reply #1 on: 06 September, 2011, 06:07:40 PM »
Got a link or scanned copy for us please Martin?
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Offline news shopper martin

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Offline The Bald Eagle

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Re: bexly scars in the paper agen
« Reply #3 on: 06 September, 2011, 10:07:52 PM »
 ;D
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Offline DastardlyDick

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Re: bexly scars in the paper agen
« Reply #4 on: 06 September, 2011, 11:03:09 PM »
Surely the bit about him having to pay the full penalty is wrong?
 
I thought that if you appealed, you got the reduced fine, even if unsucessful?

Nigel W

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Re: bexly scars in the paper agen
« Reply #5 on: 07 September, 2011, 06:29:49 AM »
If your representations to The Council are rejected you are then given the opportunity to pay the reduced amount. If your appeal to The TPT or PaTAS is unsuccessful you are then required to pay the full amount.

This is done to discourage people from appealing. This is why Authorities will usually go all the way to appeal. Sometimes they then Do Not Contest (DNC) the appeal at the 11th Hour.

So far I have never paid any Parking Fine  ;D  I have either had my representations accepted or won every appeal that I have conducted. These include all PCN's issued under DPE that I have received myself and PCN's that I have dealt with for other people. I have yet to see a lawful PCN!! :bashy:

There are usually very good reasons to get most PCNs cancelled.  Local Authorities rely on people not taking the trouble to contest them or the fear factor of the increased penalty.
« Last Edit: 07 September, 2011, 09:51:03 AM by Nigel W »

Offline Bonkers

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Re: bexly scars in the paper agen
« Reply #6 on: 07 September, 2011, 07:48:51 PM »
Surely the bit about him having to pay the full penalty is wrong?
 
I thought that if you appealed, you got the reduced fine, even if unsucessful?
I researched that a while ago, discovered that stopping the penalty clock while the PCN was being appealed locally was guidance and not compulsory. I asked Bexley council if they followed the guidance and needless to say they said "No".

I have had cases reported to me of Bexley council not responding to appeals for a very long time and then demanding the higher penalty.

Nigel W

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Re: bexly scars in the paper agen
« Reply #7 on: 07 September, 2011, 08:33:16 PM »
Taken from Bexley Councils web site:
Penalty Charge Notice served by being handed to motorist or fixed to the vehicle:
Pay the Penalty Charge within 14 days of the date of the notice (date it was issued) at the reduced rate (50% of the full charge).
Informal Challenges:
If Parking Services receives your informal challenge within 14 days from the date of the PCN being issued to the vehicle, then the reduced payment period will be reset for a further 14 days from the date of service of the Notice of Rejection of Informal Challenge.

Mobile In-car Camera Enforcement:
Pay the Penalty Charge within 21 days of the date of the notice (date it was served/received) at the reduced rate (50% of the full charge)
Submit a formal representation (using one of the methods set down on the Notice to Owner) within 28 days of the date of notice (the date it was served/received through the post)
Notice of Rejection of Formal Representation:
Pay the outstanding penalty charge in full using one of the methods shown on the Notice of Rejection of Formal Representation
Complete and submit the appeal form and lodge an appeal against the Council's decision to serve a Notice of Rejection of Formal Representation with the independent adjudication service (PaTAS). OHH YES! ;D

The differences above are because the section 10 PCN from the MICE ($camera Car) is also the Notice to Owner.

Some Councils still offer the 50% reduction after a rejection of formal representations to an NTO obviously Bexley do not.
« Last Edit: 07 September, 2011, 08:42:14 PM by Nigel W »

Offline Ewan Hoosami

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Re: bexly scars in the paper agen
« Reply #8 on: 13 September, 2011, 04:37:53 PM »
The whole 50% deal is there to encourage you to pay up. Pay at the reduced rate or appeal and we'll double it. This basically amounts to bullying and denying you fair judgement on whether to appeal or not and consequently denial of a fair trial. Even though the 'discount' is discretionary, I'm sure councils use it to their advantage. Some have even been known to offer the discount following a formal appeal after Nto. This is usually a final gambit for cases they know they can't possibly win at adjudication. The pressure is on you to 'fold' or go 'double or quits.' They know this and i'm sure many people have 'folded' under the pressure. In contrast, cases where they have you bang to rights you can forget any ideas of a discount or stopping of the clock. This is a very profitable business and profits need to be maximised at every opportunity. So the cold , hard facts of the matter are that a crafty council will offer the 50% incentive on a case by case basis. What? A local authority bending the rules to suit itself? Surely not!
This is a double edged sword, however. If the council have rejected your appeal and jacked it up to the full amount, you have nothing further to lose. You may as well carry on all the way to the adjudicator. If nothing else it will make them work a bit harder for their ill gotten gains.

Appealing to the council is like playing chess with a pigeon. You might be a chess grand master but the pigeon will always knock all the pieces over, shit on the board and then strut around triumphantly.

 


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