As predicted, rejection from the council received in yesterday's post. Pictures uploaded to the folder, but text also reproduced below:
***
Notice of Rejection of Representation
Traffic Management Act 2004
(details of PCN and appeal number)
Your vehicle was recorded by our CCTV Enforcement Camera contravening parking restrictions on Heathway (Dagenham).
The Council has issued and served a Penalty Charge Notice as the aforementioned vehicle was recorded by an approved device stopped on 'stopped on a restricted bus stop or stand'. The CCTV footage was reviewed by a CCTV operator who deemed that a contravention has occurred.
The contravention occurs when a vehicle other than a public service vehicle operating a scheduled service waits during prescribed hours on a restricted bus stop or a bus stop clearway/red route marked by yellow markings and the words 'BUS STOP' or 'BUS STAND'.
I have noted your comments and I have checked all the evidence, I can confirm that the location is correct and is very clear that the vehicle was stopped on a restricted bus stop, therefore the PCN was issued correctly.
We have again reviewed the CCTV footage and have considered the representations you have submitted. Unfortunately, you have not satisfactorily demonstrated in your appeal that an exemption applies. The other points submitted in mitigation do not justify the cancellation of the PCN.
See attached the photo evidence:
(photo evidence here)
This letter is a formal Notice of Rejection. Therefore, before the end of the period of 28 days, beginning with the date of service of this Notice of Rejection, ("the 28-day period"), you must either:
- pay the full amount of £110
- appeal to the Environment and Traffic Adjudicators ("ETA"), please note that payment at the discounted amount will no longer be available if your appeal is unsuccessful
As you made your challenge within the period during which the discounted amount of £55.00 was payable, we are willing to reoffer this discount until the end of the period of 21 days beginning with the date of service of this letter. If payment is not received within this period, then the full amount of £110.00 will be due.
If you wish to appeal then you may do so online at
www.londontribunals.org.uk Your verification code for the appeal is 91H313 and you will need to input this in order to appeal. If you are unable to appeal online then you can submit your appeal by post using the Appeal Form enclosed with this letter.
You should be advised that:
- The Adjudicator cannot consider mitigating circumstances
The Adjudicator's decision is binding on you and us
- Costs may be awarded against either side if the Adjudicator considers that they have acted in a frivolous, vexatious or wholly unreasonable manner.
If you wish to pay the charge, payment can be made as follows:
(details of how to pay here)
If you do not pay or make an appeal to ETA during the 28-day period then we may increase the Penalty Charge by 50% and we may serve a Charge Certificate, at which point the Penalty Charge will be £165.00. Please note however that the Adjudicator may consider a late appeal, provided that you give sufficient reasons for the delay. If we receive notification of an appeal after the Charge Certificate has been served then we will cancel the Charge Certificate and the charge will revert to the full amount of £110.00.
Yours sincerely,
***
The postal appeal form for a Moving Traffic Penalty Charge follows the above.
Is it really enough to contest a vague locus representation by just saying "I can confirm the location is correct"?
