Author Topic: PCN Bromley, code 62 parked with wheels on a footpath, Elmstead Lane  (Read 844 times)

0 Members and 105 Guests are viewing this topic.

Re: PCN Bromley, code 62 parked with wheels on a footpath, Elmstead Lane
« Reply #15 on: »
Hi,

We received what we believe may have been the notice to owner at my mums address (they sent it to the wrong one). However, we've since mislaid the letter before it was opened and are still looking for it (actually true believe it or not).

My wife then got the following letter (yesterday, 20th Dec), a second Notice of Rejection of Challenge (that implies another Notice to Owner is on the way?).

Any advice much appreciated.

Thanks and merry Christmas!

Thomas

*************************************

THE LONDON BOROUGH of BROMLEY

Our Ref: BY20081824

121APC211 684730000034
E Maxwell-Alywim
182 Elmstead Lane
Chislehurst
Kent
BR75EN

19/12/2023

Dear Sir/Madam,

Traffic Management Act 2004 (as amended)

Penalty Charge Notice number: BY20081824
Vehicle Registration: MX15WEL
Contravention Date: 18/07/2023
Contravention Time: 10:06
Location: ELMSTEAD LANE, CHISLEHURST

Notice of Rejection of Challenge

Thank you for your recent communication in connection with the above Penalty Charge
Notice (PCN).

The PCN was issued as your vehicle was parked with one or more wheels on any part of the road other than a carriageway.

Having reviewed the case, we have decided not to cancel the PCN. The reasons for our
decision and the options available to you at this stage are set out below.

Your correspondence indicates that you were not aware of the restriction and we are
therefore required to check the clarity and accuracy of the footway parking at ELMSTEAD LANE, CHISLEHURST.

Parking on the footway has been banned across London since 1985. It is only permitted in areas exempted by the Local Authority, and there must be blue signs showing how you may park. There is no requirement for signage where there are no exemptions as the ban is London wide.

In some Bromley roads white marked bays are provided to confirm exactly where exemptions apply, however, there are also roads where an area of the footway has been made exempt and there are no white marked bays. If white marked bays are provided, then you must ensure that you park fully within said bays to be exempt from the ban. Footway parking exemption bays are only ever marked on the flat sections of the pavement, never on dropped footway sections or grass verges etc.

Having checked the photographic evidence available for this case, we are satisfied that the signs/lines are correct and in line with the regulations.

If you would like to view the evidence we have in relation to this notice, then please logon to: www.bromley.qov.uk/parkinq and follow links to pay/appeal your PCN. When prompted, enter your PCN number and vehicle registration details, the available evidence can then be accessed using the 'View Evidence' button towards the bottom of the screen.

Going forward
The discount payment amount of £55.00 has been reinstated so you can pay and close the
case. You have 14 days from the date of this letter being served to do this. This is Notice will be taken to have been served on the second working day after the date of posting (shown above) unless you can show that it was not.

You can pay £110.00 if you pay outside this period. You have 28 days from the date of this Notice being served to do this.

Alternatively, if you wish to make formal representations regarding the PCN you will need to wait for the Notice to Owner (NtO) to be sent to the registered keeper of the vehicle. They will then be able to submit formal representations to the Council.

Act now
If, after 28 days, you have taken no action, we will send the NtO to the registered keeper of the vehicle. They will then have 28 days to pay the charge or submit formal representations against the PCN to the Council.

How to pay
Payments can be made:

• By Phone: 0330 088 4681 (24hrs debit/credit card) (Please have your PCN and
credit/debit card ready). You may make payment with most major credit or debit cards
(not Diners Card or American Express).

• Online at: www.bromley.qov.uk/parking

• By Post to: Bromley Parking Services, PO Box 1166, Wellington House, Uxbridge,
UBS 9BD. Please do not send cash by post. Cheques and postal orders should be
made payable to 'London Borough of Bromley'.

• In Person at: Bromley Civic Centre Payment Desks, Stockwell Close, Bromley, BR1
3UH, during office hours. Please ensure you have your PCN number with you.

Please note: Further communication may not be responded to the statutory options
set out above are the only options available to you.

Yours faithfully

J James
Parking Support Officer
Issued by Bromley Parking Services

Re: PCN Bromley, code 62 parked with wheels on a footpath, Elmstead Lane
« Reply #16 on: »
The Notice to Owner cannot be served on you (not just sent to you) after the expiry of 6 months starting with the date of the alleged contravention.

With a bit of luck the change of address notification will slow the system down and the Notice to Owner may reach you after 18 January 2024 and if that is the case you can simply tell the council they are legally out of time.

I think this was a shared use footpath (having gone up and down the road on google street view) and I'm a big cyclist (I also drive) so unimpressed with the parking but I am even less impressed with the wroding of the council's PCN so could beat this PCN at the tribunal based upon my recent experiences there.
I help you pro bono (for free). I now ask that a £40 donation is made to the North London Hospice before I take over your case. I have an 85% success rate across 2,000 PCNs but some PCNs can't be beaten and I will tell you if your case looks hopeless before asking you to donate.