Tower Hamlets PCN Brady St code 01

I did a FOI request regarding the council’s PCN cancellation policy and whether they still use this same document from 2017. They have confirmed they still use that one and there has been no revision/updated version since. I have attached the response to this post.

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(2) A “procedural impropriety” means a failure by an enforcement authority to observe any requirement imposed on it by—

(a)the TMA 2004,

(b)the 2022 General Regulations, or

(c)these Regulations,

in relation to the imposition or recovery of a penalty charge or other sum.

(2) A “procedural impropriety” means a failure by an enforcement authority to observe any requirement imposed on it by—

(a)the TMA 2004,

(b)the 2022 General Regulations, or

(c)these Regulations,

in relation to the imposition or recovery of a penalty charge or other sum.

https://www.legislation.gov.uk/ukpga/2004/18/section/87

https://www.gov.uk/government/publications/civil-enforcement-of-parking-contraventions/guidance-for-local-authorities-on-enforcing-parking-restrictions

I know what it means. Im asking how it applies to my case. Where has there been a procedural impropriety on their part

I explained in my post dated 19 July.

How has the council 'had regard' to the Oct 2022 Stat Guidance when by their own admission their enforcement policies (you should read the guidance on this point) haven't been reviewed in light of the changes to the Guidance and withdrawal of the previous companion Operational Guidance?

I explained in my post dated 19 July.

How has the council 'had regard' to the Oct 2022 Stat Guidance when by their own admission their enforcement policies (you should read the guidance on this point) haven't been reviewed in light of the changes to the Guidance and withdrawal of the previous companion Operational Guidance?

I may be being extremely silly but where has the council said that?

You posted:
I did a FOI request regarding the council’s PCN cancellation policy and whether they still use this same document from 2017. They have confirmed they still use that one and there has been no revision/updated version since

Have you registered your appeal?

You posted:
I did a FOI request regarding the council’s PCN cancellation policy and whether they still use this same document from 2017. They have confirmed they still use that one and there has been no revision/updated version since

Have you registered your appeal?

Not yet. I’m waiting to write up your point about procedural impropriety but confused about what you mean etc

Don't wait.

Simply register your appeal. You would have until nearly the hearing date, probably Sept/Oct, to finalise your appeal.

Don't wait.

Simply register your appeal. You would have until nearly the hearing date, probably Sept/Oct, to finalise your appeal.

Done. Thanks

(2) A “procedural impropriety” means a failure by an enforcement authority to observe any requirement imposed on it by—

(a)the TMA 2004,

(b)the 2022 General Regulations, or

(c)these Regulations,

in relation to the imposition or recovery of a penalty charge or other sum.

https://www.legislation.gov.uk/ukpga/2004/18/section/87

https://www.gov.uk/government/publications/civil-enforcement-of-parking-contraventions/guidance-for-local-authorities-on-enforcing-parking-restrictions

Sorry for persisting but could you please explain this point in detail? Will this point be relevant to all PCN’s issued by the council?

The council are subject to this duty:



This guidance, the Secretary of State's Statutory Guidance states the following:

Authorities should formulate (with advice from their legal department) and then publish their policies on the exercise of discretion. They should apply these policies flexibly and judge each case on its merits. An enforcement authority should be ready to depart from its policies if the particular circumstances of the case warrant it.

'Should' does not mean 'must'. However, given that they  must 'have regard' to the guidance means they are obliged to consider the recommendation and to explain with reasons why they have departed from the recommendation. Simply not having considered because they forgot or whatever is, IMO, a procedural impropriety.

Have you registered your appeal?

When you have, write to the council and ask when the council considered the Secretary of State's Statutory Guidance to local authorities published in October 2022 pursuant to s.87 TMA and to supply a copy of the committee report and applicable minutes or Cabinet member decision.

The council are subject to this duty:

https://www.legislation.gov.uk/ukpga/2004/18/section/87

This guidance, the Secretary of State's Statutory Guidance states the following:

Authorities should formulate (with advice from their legal department) and then publish their policies on the exercise of discretion. They should apply these policies flexibly and judge each case on its merits. An enforcement authority should be ready to depart from its policies if the particular circumstances of the case warrant it.

'Should' does not mean 'must'. However, given that they  must 'have regard' to the guidance means they are obliged to consider the recommendation and to explain with reasons why they have departed from the recommendation. Simply not having considered because they forgot or whatever is, IMO, a procedural impropriety.

Have you registered your appeal?

When you have, write to the council and ask when the council considered the Secretary of State's Statutory Guidance to local authorities published in October 2022 pursuant to s.87 TMA and to supply a copy of the committee report and applicable minutes or Cabinet member decision.

I’ve already submitted the appeal but not written up the actual appeal or evidence etc yet.

I’ve submitted a FOI request to the council requesting what you stated. Thanks

This is their reply to my FOI request. Doesn’t really make much sense.

Doesn’t really make much sense..

that's because it's c**p.

Have you received confirmation of your hearing date?

Doesn’t really make much sense..

that's because it's c**p.

Have you received confirmation of your hearing date?

No. Not yet