PCN (Code 21u) - 01/02/2024 - Royal Borough of Kensington & Chelsea

So the council cannot suspend the bay for the parking of Diplomatic Vehicles as there are no provisions on the order for doing so. Therefore, the suspension is invalid in that respect.

Also, a TTRO would be required to suspend the bay, however, the council are yet to provide this. Therefore, it is possible that they haven't suspended the bay at all.

However, as they haven't allowed dispensing a bay for diplomatic vehicles in their Traffic Management Order in the first place, they were unable to suspend the bay for diplomatic vehicles, which takes me back to point one.

The sign is also non compliant as I found their approved suspension sign and they have omitted the flap at the bottom, which is the only approved sign from the DfT.

I find it funny that they haven't provided the TTRO and it seems difficult to get hold of. Essentially, if they haven't suspended the original TMO/TRO they have essentially still got a pay by phone parking bay with a meaningless yellow sign with some fancy writing on it.

Hello,

I have been informed by my company today that the Notice to Owner has been received by them, here is a copy of it.


upload

Any suggestions?

Draft representation:


As always send this online, keep a copy of what you've sent, and keep a screenshot of the confirmation page.

Hi cp8759,

I have sent the representations as advised. Thank you for all your help.

My company are wobbling a little bit and worried about any potential impact of non-payment. I have told them that I am making representations and to hold out, as if I do lose at adjudication I will pay and not let it impact the company in a negative manner (I.e CCJ)

Cheers

You cannot get a CCJ from a PCN come hell or high water, so they really don't need to worry about that.

For later:

Map tile AA13

Suspension information:

Hello,

After much wrangling with my company, where I had to get their authority to act - I have received an email advising that they are rejecting my appeal and the Notice of Rejection will be send by hard copy to my employer, which I will have to get them to forward to me.

Let us know when you get the NTO and I'll draft something for you.

Hi CP,

I've already had the NtO, I am awaiting the NoR, is that what you meant?

Regards

Hi CP,

I've already had the NtO, I am awaiting the NoR, is that what you meant?

Regards

Yes

Quote from: The_Hock on June 20, 2024, 07:28:38 pm

Hi CP,

I've already had the NtO, I am awaiting the NoR, is that what you meant?

Regards

Yes

After receiving an email on 19th June advising that a NoRoR had been sent as a hard copy to the keeper, I sent an email to my company and they advised that they have still not received it.

Am I right in thinking that I should wait it out and rely on the Council surpassing the time limit as per the regs to send out the NoRoR?

Am I right in thinking that I should wait it out and rely on the Council surpassing the time limit as per the regs to send out the NoRoR?

No that's completely wrong, if the NoR has been issued and lost in the post that doesn't give you a get-out-of-jail-free card.

Can the company sign a letter of authority allowing you to appeal to the tribunal? You don't need to physically receive the notice of rejection to appeal to the tribunal, you just need to know the NoR has been issued.

Okay,

I have an update on this case.

I was waiting for the NoRoR to be sent by my company to me, however, this did not materialise.

My company has now informed me that a Charge Certificate has been issued and they are panicking and saying that they need to pay it immediately. The charge is now £195.

I have logged on to the RKBC website to try and manage the PCN, but it says "Case Closed", I presume this means that my company have paid.

My question is:

Can I still appeal the PCN to the adjudicator?

TIA