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Havering - Notice to Owner following rejected appeal of PCN attached to vehicle

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#1
Hi guys,

Our driver received a PCN for parking in front of bins to deliver to a restaurant.  Kerb markings are not clear/ are worn, and the signage is not close to the vehicle. Also, the vehicle is parked near bins.   Our appeal was rejected, and I have been waiting for the Notice to Owner so that I can appeal again.
We received a PCN in March of last year for parking in the same place, but we appealed on the grounds of unclear kerb markings and argued that having the wheelie bins implied loading was acceptable.  Our appeal was accepted, and they said that after considering our challenge and comments they had decided to cancel the penalty on that occasion. 
Before I make a formal representation, does anyone have any advice?
I have attached an evidence pic.  Our driver took his own pics too that I can upload when I have them.

Thanks for reading  :)
#13
Hi Guys,

I unfortunately did not keep a copy of my original appeal - do you think I could get one from Havering?
I have until the 29th August to make the formal response, but I am having trouble.
I think from the picture provided above that was taken from Google Maps, that the van was not parked near any kerb markings and the marks that can be seen are worn, and it was not near the 'no loading' sign (the position of the van can be seen in the evidence photos).  I also mentioned earlier that we had a ticket last year for parking in the same place that was revoked upon appeal, with the reason that we gave as 'if no loading then why are the bins there'.  I can see from a reply above that the restrictions are not related to bins/refuse, so I am not sure where to go with this to be successful.  The appeal response from last year did not mention anything about the clause relating to refuse, so I am thinking that I could argue that our driver assumed it was okay, as he was not told otherwise - but that would be an ignorance claim.    I want to try my best to help the driver. I feel it is really unfair.

Thanks :-)
#14
Our appeal was rejected, and I have been waiting for the Notice to Owner so that I can appeal again.

The company I work for is the registered keeper.  I am representing the driver

I want to try my best to help the driver.

I have until the 29th August to make the formal response,

Before I make a formal representation, does anyone have any advice?


Yes, STOP! I see a procedural mess on the horizon.

You are not the RK and only they may make formal reps. You have no standing in this matter, neither does the driver. Even if the 'company' have given written authority for the driver or you (by name in either case) to submit reps, these would be in the company's name.

When you posted earlier this month your 'appeal was rejected, and I have been waiting for the Notice to Owner so that I can appeal again.'

You posted last on 7 August at which time you made no mention of the RK having received the NTO. It therefore seems reasonable to assume that the earliest this could have been served was 8 Aug which would give a 28-day period ending on 4 Sept, not 29 Aug.

Post the NTO pl leaving in everything except the RK's details;
Pl explain your role vis-a-vis the RK e.g. do you or the driver have written authority etc.
Post Havering's response to the informal reps;

This case is retrievable IMO.
Last Edit: August 19, 2025, 10:16:35 am by H C Andersen