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PCN Issued - "And Opposite"

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Re: PCN Issued - "And Opposite"
Reply #15 on:
#16
Formal Representation was rejected. Here are some details of my formal representation and council's response. I have few days left to appeal. So I am drafting an appeal and will post here once it is ready. While I do this, can you please review and let me know your thoughts ?

The first 3 images were my formal representation. Last 2 images are council's rejection / response.












Last Edit: Yesterday at 09:54:47 am by bees
Re: PCN Issued - "And Opposite"
Reply #16 on:
#17
Tosh. But at least show us all of it except your personal details.  Leave in all dates.
Re: PCN Issued - "And Opposite"
Reply #17 on:
#18
Tosh. But at least show us all of it except your personal details.  Leave in all dates.

Morning tincombe. Sorry, not sure what other details you need. I have made sure all details are available. Below are the consolidated details of all I have got. Please let me know if you need anything else. Thank you

Pictures from the PCN portal








Google Street view location :

https://www.google.com/maps/@51.5293969,0.0471533,3a,83.2y,161.31h,71.5t/data=!3m7!1e1!3m5!1scJmUR6dz5JnZBe3vItTCyQ!2e0!6shttps:%2F%2Fstreetviewpixels-pa.googleapis.com%2Fv1%2Fthumbnail%3Fcb_client%3Dmaps_sv.tactile%26w%3D900%26h%3D600%26pitch%3D18.504116418081537%26panoid%3DcJmUR6dz5JnZBe3vItTCyQ%26yaw%3D161.31091090221736!7i16384!8i8192?entry=ttu&g_ep=EgoyMDI2MDYxNi4wIKXMDSoASAFQAw%3D%3D














Re: PCN Issued - "And Opposite"
Reply #18 on:
#19
It's still incomplete.

Just post the complete NOR, incl the VRM and PCN, and also your reps. See forum rules for how to post. Don't omit anything because you don't think it's important.

This procedure is time critical, so unless you want to lose your opportunity to appeal, pl post promptly.
Re: PCN Issued - "And Opposite"
Reply #19 on:
#20
Hello,

Thanks for the prompt respond. All the details you have asked me except for VRN and PCN # itself is available. I have already provided rest of all the details including the original PCN photos from newham website. I am not sure how useful giving the VRN and PCN # will be here as I have already provided all the details here.

I understand it is time sensitive. For the past few weeks, I was really occupied with something I was unable to skip and hence I am close to deadline of 28 days period now. Please let me know if you need any specific information and I can help with that.


Re: PCN Issued - "And Opposite"
Reply #20 on:
#21
If you appeal then your VRM and the PCN number would be published in a public register, so just put them in pl.

You are expecting readers to skip from your reps to their NOR to their response to informal reps then back to the NOR and your reps.

Read this pl. It's the ONLY mandatory element in a NOR and yet you've omitted the page of the NOR in which it should be stated:

Duties of an enforcement authority to which representations are made under regulation 5 [you]

.......
(6) If the enforcement authority does not accept the representations, its decision notice—

(a)must—

(i)state that a charge certificate may be served on the recipient unless within the period of 28 days beginning with the date of service of the decision notice—

(aa)the penalty charge is paid, or

(bb)the recipient appeals to an adjudicator against the penalty charge,

(ii)indicate the nature of an adjudicator’s power to award costs, and

(iii)describe the form and manner in which an appeal to an adjudicator must be made, and

(b)may contain such other information as the enforcement authority considers appropriate.


https://www.legislation.gov.uk/ukdsi/2022/9780348231564
Re: PCN Issued - "And Opposite"
Reply #21 on:
#22
If you appeal then your VRM and the PCN number would be published in a public register, so just put them in pl.

You are expecting readers to skip from your reps to their NOR to their response to informal reps then back to the NOR and your reps.

Read this pl. It's the ONLY mandatory element in a NOR and yet you've omitted the page of the NOR in which it should be stated:

Duties of an enforcement authority to which representations are made under regulation 5 [you]

.......
(6) If the enforcement authority does not accept the representations, its decision notice—

(a)must—

(i)state that a charge certificate may be served on the recipient unless within the period of 28 days beginning with the date of service of the decision notice—

(aa)the penalty charge is paid, or

(bb)the recipient appeals to an adjudicator against the penalty charge,

(ii)indicate the nature of an adjudicator’s power to award costs, and

(iii)describe the form and manner in which an appeal to an adjudicator must be made, and

(b)may contain such other information as the enforcement authority considers appropriate.


https://www.legislation.gov.uk/ukdsi/2022/9780348231564

I am sorry, but are these not standard format which get issued to everyone ? Please let me know if you need any specific information ?

Some more details for you -  Informal rejection

Last Edit: Today at 12:15:17 am by bees
Re: PCN Issued - "And Opposite"
Reply #22 on:
#23
Also can you please review this image / picture carefully ? Same road work, but different details.

I took the picture when the work moved to the next set of doors on the same road. One is a public notice while the other one was an TTRO (and I was issued a PCN based on this). I just noticed this.




Is there anything from this I can defend to cancel the PCN in the London Tribunals ?

Thanks
Last Edit: Today at 12:01:15 am by bees
Re: PCN Issued - "And Opposite"
Reply #23 on:
#24
Informal Rejection


Below 3 pictures are my formal representation details






The rest of the pictures below are the notice of rejection from council







Here is the draft version I am going to present in the London Tribunals. -

I appeal on the ground that the alleged contravention did not occur. My vehicle was parked outside nos. 236/238 Central Park Road. The Temporary Traffic Regulation Order (TTRO) the authority relies on has not been produced, and as I understand it, it neither suspends the existing parking provisions nor prohibits waiting or loading. In addition the temporary restriction relied on by Newham Council applied only to the parking bays outside nos. 147 and 163.


My vehicle was not within the restricted area : 
My vehicle (registration XXXXXXX) was parked outside numbers 236/238 Central Park Road. The council’s own PCN photographs confirm this location.

The restriction applied only to the parking bays outside numbers 147 and 163. The use of the word “opposite” on the signage was confusing, and I have not seen the term used in this way elsewhere. For example, Geoffrey Gardens is opposite door numbers 153-155. Does this mean the restriction applies to the entire length of that road ?

I have also located a photograph of the yellow advance warning board placed when the work was carried out on the area outside the next set of doors on Central Park Road (see attached image PN26198819_App1). This board states explicitly the door numbers where the restrictions applied on both sides of the road. This shows that the council is able to give clear, unambiguous information, and that it failed to do so at the location where my vehicle was parked.

Please review the council’s own PCN photographs against the signage on the day. The inconsistency points to a failure in operational standards. It has caused unnecessary inconvenience to me, and likely to other Newham residents, and led directly to the issuing of this PCN.



Missing evidence :
The PCN was issued on the assumption that a yellow advance warning board, said to give effect to a TTRO, suspended the existing parking controls and imposed a prohibition on waiting and loading.

That assumption is incorrect. As I understand the TTRO relied on, its operative effect is limited to restricting traffic access to certain roads. A restriction on vehicular access does not impose or substitute parking restrictions. The existing statutory parking controls at this location therefore remained in force.

Section 14(7) of the Road Traffic Regulation Act 1984 provides that an order made under that section may suspend statutory provisions. When I requested, the authority has not shown that the TTRO relied on does this. It has not suspended, amended or replaced the parking controls applicable to the location.

The authority has never provided me with a copy of the TTRO, nor identified the provision it says I breached. It must show, with the TTRO itself, that:
a) the TTRO was validly made and in force on the date and at the location of the alleged contravention
b) the TTRO suspended the existing parking place at that location and
c) the TTRO imposed a prohibition on waiting and/or loading at that location.


Claimed Roadworks for 20/06 :  The works on the road only commenced the following week and not on 20/06 (Saturday), the date of the alleged contravention :
It is worth noting that if the underlying reason for the restriction or suspension did not materialise, the authority no longer has a basis to restrict the parking place or issue a PCN. In this case, no works took place on Saturday 20/06, meaning the
justification for the restriction was absent.

I note that pursuing this PCN has required considerable personal time and effort across informal and formal representations, because the authority has not provided the basic evidence needed to assess its case. I ask that the Adjudicator take account of this when considering the authority’s conduct.

The alleged contravention did not occur. The authority has not produced the TTRO they claimed it suspended parking or shown that it suspended the parking place or prohibited waiting at this location. Even if a restriction existed, the details of signage was inadequate and confusing as I have evidenced it to inform drivers where exactly it applied. So I can I please ask that the appeal be allowed and the PCN cancelled ?



Timcombe - Can you please review the details and let me know your thoughts ?
Last Edit: Today at 12:32:16 am by bees
Re: PCN Issued - "And Opposite"
Reply #24 on:
#25
I am sorry, but are these [the mandatory information in a NOR of formal representations] not standard format  which get issued to everyone

They should, because they're mandatory.


The rest of the pictures below are the notice of rejection from council

If so you win on a technical KO because the mandatory information which I posted previously has not been included. 

You've got the NOR but we have not seen the signature block therefore we don't know that you've posted all pages.

If you have, you win.

Procedural impropriety.

In any event, register your appeal. This doesn't require anything more than 5 minutes online. Your formal reps are in evidence anyway, so just add the grounds of procedural impropriety.