Author Topic: Ashford Borough Council PCN on Private Land  (Read 3623 times)

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Re: Ashford Borough Council PCN on Private Land
« Reply #15 on: »
Perfect I like this method, I’ll get on to this later today.
Please send me the link.
Thanks again!

Re: Ashford Borough Council PCN on Private Land
« Reply #16 on: »
Submitted, I’ll keep you posted on the outcome

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Re: Ashford Borough Council PCN on Private Land
« Reply #17 on: »
Update

Had a response back and they refused to cancel.
They also said we have provided a copy of a Traffic Penalty Tribunal adjudication, however there is nothing in this decision that relates to the PCN being issued to your vehicle.
The adjudication relates to a Notice to Owner being issued. This vehicle has been issued with a PCN and all regulations and information is correct on the PCN.



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Re: Ashford Borough Council PCN on Private Land
« Reply #18 on: »
The images that were attached to the pdf also


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Re: Ashford Borough Council PCN on Private Land
« Reply #19 on: »
Here is a draft representation:

Dear Ashford Borough Council,

I challenge liability on the basis of the decision in Branislav Baca v Portsmouth City Council (PO00033-2309, 17 November 2023) which you can access at LINK.

In light of that, the penalty charge must be cancelled.

Yours faithfully,

I will PM you a link to put in the representation, it will redirect to here but if you give them the link I'll PM you, we can use the click count to confirm whether they've looked at it or not (obviously do not click on that link yourself as we want the click count to remain at zero). If they don't click on it, we can then prove they've failed to consider all of the evidence. If they say in the rejection that they've considered all the evidence, we've got them for lying as well.

I’m guessing they clicked the link?

Re: Ashford Borough Council PCN on Private Land
« Reply #20 on: »
I’m guessing they clicked the link?
Yes they did, but I'm not sure they've understood it.

So the next step is the notice to owner if you want to carry on.
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
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Re: Ashford Borough Council PCN on Private Land
« Reply #21 on: »
Yes exactly what I thought, let’s proceed. What do you advise?

Re: Ashford Borough Council PCN on Private Land
« Reply #22 on: »
Let us know when you get the notice to owner.
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
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Re: Ashford Borough Council PCN on Private Land
« Reply #23 on: »
Let us know when you get the notice to owner.

notification will come through the lease company again first.
I’ll keep you updated once I receive the official one  ;D

Re: Ashford Borough Council PCN on Private Land
« Reply #24 on: »
Good evening,

Just thought of a little update from my end as it’s been quiet for a while.

Nothing has yet been received from ABC or the lease company.
The vehicle involved has been returned back to the lease company yesterday and I am no longer the driver / keeper.


Re: Ashford Borough Council PCN on Private Land
« Reply #25 on: »
There is a risk that the lease company will simply pay it and bill you (along with an admin fee).

It may be a good idea to check what your lease says.

There is a specific process to transfer liability to you which they can undertake. Errors are often made which give rise to other appeal points. An associated admin fee will generally apply, sometime recoverable from the lease company on success.

Re: Ashford Borough Council PCN on Private Land
« Reply #26 on: »
As it’s a work lease company that we use they’re pretty good at passing the PCN’s on to the drivers they don’t like to get to involved tbh  ;D less admin work for them.

Re: Ashford Borough Council PCN on Private Land
« Reply #27 on: »
Good evening,
After long awaited ABC have finally issued a NTO.

The lease company have forward it to me to read through the attached document for further details and any action I may need to take.



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Re: Ashford Borough Council PCN on Private Land
« Reply #28 on: »
The final page with images

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Re: Ashford Borough Council PCN on Private Land
« Reply #29 on: »

And what the hell do they expect you to do with this?

It's not addressed to you so you cannot do anything in your name. Did your lease company include a covering letter?

Unless the lease company authorised you to act on their behalf then you cannot do anything with the NTO. Even if they did, all you could would be to make reps on their behalf with their neck still in the noose.

Do they know this?

Did you?

They should transfer liability by completing the vehicle hire company - vehicle on hire grounds.  If they've authorised you to act for them then, odd as it might seem, you could submit the reps on the vehicle hire company grounds but you MUST include the necessary documents.