DfI/2019-0271: EIR Request for information in relation to Penalty Charge Notice (PCN) appeals processing

Date published: 11 March 2020

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DfI/2019-0271: EIR Request for information in relation to Penalty Charge Notice (PCN) appeals processing. Specifically:

Details

Today I paid a £45 parking notice to remove the threat of increase or further action under The Traffic Management (Northern Ireland) Order 2005 Articles 4 to 7. However, this vehicle notice should be considered in dispute, and I am immediately commencing legal action via the small claims court to recover the payment from the department. As part of that process, I am obliged to notify you first that such proceedings will take place unless the matter can be settled beforehand.

As a preliminary, consider this email a freedom of information request under The Freedom of Information Act 2000 (c.36) for the following:

1) any official guidelines the relevant department staff may have been issue with for the consideration of parking charge appeals

2) any notes in accordance with official guidelines the relevant department staff may have been issue with for the consideration of parking charge appeals, as directly relates to the above Vehicle Notice and the submitted appeal. In other words, please provide a written explanation or records from the relevant employee responsible for rejecting my appeal.

3) the contact details, including physical address, of any figures or office designated to receive court summons and other legal documents on behalf of the department

Outside of the Freedom of Information Act 2000 (c.36), and pending the above legal proceedings, I also request a statement from the traffic attendant in question as relates to the notice issued to myself. This statement is to be produced in court along with CCTV footage, and multiple photographs and site plans, from Coleraine Leisure Centre that I have obtained covering the incident in question.

The basis of my claim, going forward to court, is that given all circumstances, no such parking offence occurred, that my vehicle was forced to "stop" just outside a private car park owned and operated by Coleraine Leisure Centre and not the Department for Infrastructure, and that my "parking" on the day in question was done within the limits of this private car park.

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