York Council’s response…

to this letter (click).

 

Dear Mr Harris,

Thank you for your letter of objection against the issue of the above penalty charge notice. 

The points that you made in your letter have been carefully considered.  I regret to advise that you have not established grounds for cancellation of the penalty charge notice and it remains payable because you were parked in a council car park without a valid ticket or valid resident discount permit.

I understand the points you have made regarding the advertisement of the changes to the Minster badge scheme, however, I am unable to cancel the PCN based on the effectiveness of it. The council took measures to ensure all residents were notified and these were deemed sufficient. I understand that you do not wish to purchase a new permit, as such, I am unable to cancel this PCN.

You have a period of 14 days, beginning with the day that you receive this letter, to make payment at the discount amount of £25. If you wish to pay by debit or credit card you can do so online at https://parking.york.gov.uk  or by contacting the Parking Office on 01904 551309. If you wish to send payment please make your cheque or postal order, payable to ‘City Of York Council’ and send your payment to; Parking Services, City Of York Council, West Offices, Station Rise, York, YO1 6GA. Please quote the above penalty charge notice number with your payment. 

If the payment is not received within a 14 day period, beginning with the day that you receive this letter, the discount amount will no longer be available and the full charge of £50 will be payable.  You are legally deemed to have received this letter two working days after the date it was sent. 

If the penalty charge remains unpaid after 28 days from service, we may then serve a legal document called a ‘Notice to Owner’ on the owner of the vehicle. At that stage, the vehicle owner, or driver on behalf of the owner, will be able to make further formal representations against the penalty charge notice.  We will consider further representations even where we have previously concluded that the evidence presented is not such that we can cancel the penalty charge notice.  In order to ensure impartiality if you decide to make further representations a different Council Officer will consider them.

If we decide to reject the formal representations and the owner, or driver on behalf of the owner, is not satisfied with the decision that has been made, they may then appeal to the independent ‘Traffic Penalty Tribunal’ within 28 days of the service of a ‘Notice of Rejection’ by us.  Further details of the ‘Traffic Penalty Tribunal’ are available at www.trafficpenaltytribunal.gov.uk and further information regarding the civil parking enforcement procedure is also available at www.patrol-uk.info.  Information concerning our parking and enforcement policies and procedures is available on our website at www.york.gov.uk/parking. If you have any further queries regarding the matter please do not hesitate to contact the Parking Office on 01904-551309.

Yours sincerely 

Lindsey Kelly
Technical Administrator

 

Needless to say, as the council did not inform me that the undated residents’ badge that they issued had been cancelled, I will be appealing this decision. How silly that they feel it worth going through the time and expense to try to get an extra £25 out of me!

4 Responses to “ “York Council’s response…”

  1. I think the clever money is on you to win this, Lee. They’re marking their own homework (badly) by saying they notified residents about the change in permit rules.

    Maybe we can start a new hash tag #harrisvsthesystem

  2. Lee says:

    Heh.

    It’s ridiculous. They don’t have a message on the phone parking system at all, so they can’t in all seriousness claim that they’ve done their best to inform people. And a former Lord Mayor blogged the day that the changes came into effect that there were no posters up in the car parks to remind people. It’s a cynical cash-grab, and they’re going to waste time and money fighting this.

    The last time they gave me a ticket I appealed (as I’d paid) but they rejected the appeal. It eventually went to an independent tribunal who found in my favour. It’s mad that they’re even trying – especially as the amount they’re contesting is 30p!

  3. Jo Mason says:

    Hi Lee,

    I find your letters to and from the council very interesting since we (partner and I) also received a PCN on 21/04/2015 under very similar circumstances. We too had no knowledge of the recent changes to the parking scheme and do not recall receiving any “letter” to inform us. So having parked in the Castle car park after 6.00pm with our undated residents permit on show we were shocked to find a PCN slapped on the windscreen! I have written 2 letters of objection to the council and received 2 separate responses quite similar to your own. So we know have the choice of purchasing a new permit, which would cost more than the charges incurred for the few times we park in the city, pay the fine or continue to object and take it further.
    I would like to add that the photographic evidence supplied with our PCN included a photo of the sign attached to the pay and display machine to inform of the new residents permit. Since we were parked after 6.00pm and did not require a ticket we did not approach any P&D machines, how silly to include this as evidence!!

    Keep us updated with your progress.

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