Author Topic: Brent council, contravention code 21, parked in a suspended bay  (Read 1192 times)

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Re: Brent council, contravention code 21, parked in a suspended bay
« Reply #15 on: »
Thank you all for your help!
Below is what I sent to Brent Council last night:
Fingers crossed!

Dear London Borough of Brent,

I challenge the liability for PCN BT19586168 and BT19586168A on the ground that the alleged contravention did not occur. After parking  the vehicles I would have walked north-west towards my house at number 40, and there was no parking suspension sign attached to the regulatory sign for the bay just outside my house. Having seen and knowing that sign, I was entitled to rely on it to park my vehicles.

The obligation of the council is to make clear arrangements for adequate information to be provided  about any parking restriction (and to be clearly visible and noticeable) to traffic users. This was clearly not the case in this instance for two reasons:
1) there was only one sign at No.32 St Johns Avenue for a long stretch of restriction covering houses 32-36 with no additional signs provided at the other end
2) the only sign provided was hidden from view inside a tree as shown in the attached pictures, one of which taken by the issuing officer her/himself. This made it very difficult to notice that there was a parking restriction in force on both sides of the street with the restriction on the other side clearly visible by the 2 (!) signs posted near the works taking place.

I trust you will be able to cancel the PCN on the grounds given above.

Yours faithfully,

Wolfgang Frese

Re: Brent council, contravention code 21, parked in a suspended bay
« Reply #16 on: »
Bit of an odd reply from the council:

Some of the information you have requested is not currently held by Brent Council. The Council ended its Parking Enforcement Contract with Serco Limited on 3rd July 2023. 
 
Some information requested such as photos and hand written logs of VRN's are held with Serco Limited either in digital or paper format and we will not be able to provide this information until Serco complete the full transfer of all information to the Council. Therefore regulation 12(4) (a) applies to your request. Regulation 12(4) (a) provides an exception to the duty to disclose information when information is not held. The information, which is held, is provided below.
 
Please see attached spreadsheet in relation to parking suspension WA/BS/171408 which was in force on St Johns Avenue along with the suspension logs showing when the suspension was requested and by whom, when the signs were installed, and when they were removed.
 
As we do not currently have a final handover date with Serco, I am unable to provide a date as to when the photos and additional information can be provided and we will write to you again with the information that is held when we have completed the transfer.






I've asked for a copy of the Serco contract but it striked me that in the first instance, if the council has lost all the evidence, that would cause them some difficulty.
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

Re: Brent council, contravention code 21, parked in a suspended bay
« Reply #17 on: »
Dear All,

Thanks for your help so far. Both appeals got rejected a few days ago only responding to my points on visibility, please see attached responses separately for:

BT19586168 and

BT1958618A

Can you please have a look and advise?

Many Thnaks

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Re: Brent council, contravention code 21, parked in a suspended bay
« Reply #18 on: »
I suggest you redact your postal address from the PDF.

Anyway, it's just an informal rejection so I'd definitely wait for the Notice to Owner. The fact of that matter remains that if the council has lost access to all the key evidence (such as records of when the signs went up), I doubt they'd even try to contest this at the tribunal.
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

Re: Brent council, contravention code 21, parked in a suspended bay
« Reply #19 on: »
@shoebedoe well I've finally got the suspension logs back and thanks to the somewhat inadequate redactions, I can see your number plate is on there.

What happened to the PCNs, did you end up paying them?









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