Justice is finally done

Feb 3 2011 Harrow Observer

FOLLOWING my letter 'Is my parking fine legal?' on January 6, concerning the display of a valid ticket on my windscreen when I was issued a Penalty Charge Notice (PCN) by Harrow Council for not displaying the ticket on the dashboard as stated on the payment machine, I wish to give an update.

Harrow Council refused my appeal even though I submitted evidence of a valid parking ticket.

I took my appeal to the Parking and Traffic Appeals Service (PATS), which is an independent tribunal, and I am pleased to say it has allowed my appeal.

I received confirmation from PATS on January 12 that my appeal had been allowed and they would inform Harrow Council to cancel the PCN.

As yet, I have not had confirmation from Harrow Council, which contrasts with the rapid issue of the demand for payment of the fine and the dismissal of my appeal.

In the process of preparing my appeal, your readers may like to be aware of the following: 

1. Check the payment machine for the definition where to display. In some Harrow car parks the machine says 'on the dashboard', but a large adjacent sign says 'inside the windscreen' which gives Harrow Council the option with which to issue a PCN.

2. If issued with a PCN and a valid ticket was displayed, do not send the original ticket or other evidence with your appeal to the council but send photocopies.

3. Take photographic evidence of your displayed ticket and your car. Try and get a witness to verify you displayed the ticket.

4. From the response to my letter in the Observer, it seems that unjustified PCNs are issued when there are very few other cars parked nearby and therefore an absence of witnesses.

5. The PATS website gives access to a number of case histories.

In conclusion, my experience is that councils can't lose since costs are not normally awarded for a successful appeal by PATS and therefore hard working people may find it cheaper to pay a £30 fine rather than spend time and money appealing.

MALCOLM CLEWS Via email