Author Topic: Birmingham City Council PCN  (Read 2103 times)

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Re: Birmingham City Council PCN
« Reply #30 on: »
Appeal submitted tonight...will let you know how I get on.

Re: Birmingham City Council PCN
« Reply #31 on: »
So Birmingham City Council have submitted their evidence including all the appeal and rejections, photos etc.. do I need to comment on them or just push it through to the independent adjudicator?



Re: Birmingham City Council PCN
« Reply #32 on: »
Date of hearing?
Birmingham send the Evidence Pack to the tribunal with a copy to you.
In the pack there should be a 1-3 page summary of why they think the tribunal should reject your appeal: also a list of contents. Please post these docs here.

Re: Birmingham City Council PCN
« Reply #33 on: »
Date of hearing?
Birmingham send the Evidence Pack to the tribunal with a copy to you.
In the pack there should be a 1-3 page summary of why they think the tribunal should reject your appeal: also a list of contents. Please post these docs here.

Can't see anything that stands out as that summary.

I've included links to certain evidence.

I've listed all of their evidence below:

- PCN
- Case Report https://jmp.sh/s/7tXGdjpG7yF2X3nqPNS6
- Driver details check
- First appeal - where I was unaware that I had paid for my car instead of my wife's
- RingGo receipt for payment for my car
- Their initial rejection
- Follow up RE: first time mistakes
- Their second rejection
- Notice to owner
- Response to NTO
- RingGo receipt for payment for my car (again)
- Rejection of representations
- Their search of my RingGo account to show I hadn't paid for the car https://jmp.sh/s/7tXGdjpG7yF2X3nqPNS6
- Images of the car
- Birmingham City Council Off Street Parking Order https://drive.google.com/file/d/1pA5QGCePrWH8z2-wbVQRiQNOlq-4GqCe/view

Happy to upload more data if need, if need be.

I plan to reply to the RingGo account to show I have paid and they've kept that money even though the car wasn't in the car park.


I've got 3 days to reply to any of the above evidence. At that point it will then move to the adjudicator and hearing date will be given.





Re: Birmingham City Council PCN
« Reply #34 on: »
Appeal submitted tonight...will let you know how I get on.
What was this 'appeal'? To whom was it submitted?

Re: Birmingham City Council PCN
« Reply #35 on: »
I plan to reply to the RingGo account to show I have paid and they've kept that money even though the car wasn't in the car park.

Why? IMO, it's distracting and is far less compelling than your main grounds. You would have to show that they misapplied their own policy.

But their policy appears to be discretionary on this point, so effectively you'd be asking the adjudicator to exercise that power which they cannot do.

That you paid the council is NOT your main grounds IMO.

Re: Birmingham City Council PCN
« Reply #36 on: »
Appeal submitted tonight...will let you know how I get on.
What was this 'appeal'? To whom was it submitted?

This appeal was to the Traffic Penalty Tribunal.

Re: Birmingham City Council PCN
« Reply #37 on: »
I plan to reply to the RingGo account to show I have paid and they've kept that money even though the car wasn't in the car park.

Why? IMO, it's distracting and is far less compelling than your main grounds. You would have to show that they misapplied their own policy.

But their policy appears to be discretionary on this point, so effectively you'd be asking the adjudicator to exercise that power which they cannot do.

That you paid the council is NOT your main grounds IMO.

Ok cool. I won't mention this. I wasn't sure if I needed to add anything against there evidence given that I've already called out my pertinent point in the letter to the independent adjudicator.

Re: Birmingham City Council PCN
« Reply #38 on: »
You can add that your appeal grounds of 'contravention did not occur', because display is not a stated requirement of the Ts and Cs displayed at the site, have been bolstered by the traffic order which the council have produced in evidence because this does not reflect the payment options at the site and limits payment to purchasing and displaying a physical ticket.

Re: Birmingham City Council PCN
« Reply #39 on: »
Ok thanks. Will do and get it submitted so that it goes to tribunal.