Author Topic: Brent, Exeter Road, Code 21 - Parked in a suspended bay  (Read 1172 times)

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Brent, Exeter Road, Code 21 - Parked in a suspended bay
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Hi,

Thanks for pointing me in the direction of this new forum. The original post is here: http://forums.pepipoo.com/index.php?showtopic=149491&hl=brent

The initial PCNs are here and the crux of the issue is that there was only three days' notice given:

PCN 1: https://flic.kr/p/2outDEd
PCN 2: https://flic.kr/p/2ouvGNT
PCN 3: https://flic.kr/p/2ouqJHm
Suspension: https://flic.kr/p/2outDE3
Location of the bay (you can see the lamp post the notice was attached to in the background): https://www.google.com/maps/@51.5496902,-0....8192?authuser=0

And here is the latest update:




Thanks for asking for those - they have finally replied today (though only to two of the PCNs).

For the first one (17/04), they rejected the appeal:
Page 1: https://flic.kr/p/2oFkATP
Page 2: https://flic.kr/p/2oFkATJ
Page 3: https://flic.kr/p/2oFiZrE
Page 4: https://flic.kr/p/2oFkATD

For the second (18/04), they cancelled it as it was issued for the same contravention:
https://flic.kr/p/2oFfdMJ

They did not address the third (they said online they can only respond via post so perhaps it is taking longer to arrive given these two arrived five days late in separate letters).

To clarify, these two letters are dated 31/05.

Would it be worth chasing up on the third over the phone, and is there anything else to be done other than wait for the notice to owner?

Thanks again for all the help.

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Re: Brent, Exeter Road, Code 21 - Parked in a suspended bay
« Reply #1 on: »
These are the suspension logs:







In the circumstances, it's a no-brainer to wait for the Notice to Owner and then send the suspension logs back to them with the representation.
« Last Edit: June 18, 2023, 12:57:09 pm by cp8759 »
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, Exeter Road, Code 21 - Parked in a suspended bay
« Reply #2 on: »
Amazing, thank you. And with respect to the third PCN not being addressed - presuming it is their administrative error not sending a letter like the other two - shall I just leave it until they address it?

Re: Brent, Exeter Road, Code 21 - Parked in a suspended bay
« Reply #3 on: »
It might be that the letter has been lost in the post, or maybe they haven't sent it. There is no legal requirement for the council to answer informal representations, and whether they do or not, if a Notice to Owner is received anything that came before becomes irrelevant and the NTO must be responded to.

You could chase up the missing informal rejection, if it's been lost in the post they might be able to just email you the PDF copy.
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, Exeter Road, Code 21 - Parked in a suspended bay
« Reply #4 on: »
Hi,

The Notices to Owner came through (dated 03/07) for the PCNs from the 17th and 19th. The one from the 18th was cancelled, and they didn't send an informal challenge for the 19th (but did for the 17th). How shall we proceed?

17th: https://flic.kr/p/2oMRcqN
19th: https://flic.kr/p/2oMRcpL

Re: Brent, Exeter Road, Code 21 - Parked in a suspended bay
« Reply #5 on: »
I would start by redacting your postal address, you probably don't want that to be published on the internet. As for the NTOs, go online and make representations as follows (you'll have to do it twice, once for each PCN).

Dear London Borough of Brent,

My vehicle was parked prior to the suspension signs being installed, please look at the second to last entry on the Serco suspension sheet log dated 14 April 2023. As my vehicle was parked prior to the signs being installed, and the signs were only installed three days prior to the suspension coming into force, the alleged contravention did not occur.

Obviously if a more reasonable amount of notice had been given I would have seen the signs and I would have parked elsewhere.

Yours faithfully,


Get a screenshot of the confirmation screen.
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