Author Topic: Bromley Council - parked on yellow line  (Read 1518 times)

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Bromley Council - parked on yellow line
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There is a yellow line on the road outside my house with parking restrictions.
On December 14th, I returned home from shopping and took some bags into the house.
I went back outside to move the car, literally 3 minutes later and a warden had already put a ticket on my windscreen.
He was walking and could have even seen me get out of the car with my shopping because he had walked 60 yards to my car.
The ticket said the car was seen at 12.38 and was issued at 12.38.
I appealed against this PCN the next day as I believe he should have waited at least a few minutes before issuing a ticket.
I heard nothing until last week, March 14, nearly 3 months later, I received a letter of rejection.
I no longer have the ticket as I thought there was a time limit for them to reply to my appeal.
They have told me if I want to make a formal appeal I will have to wait for a Notice to Owner (NtO).

Are they allowed to issue a ticket without waiting even a minute?

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Re: Bromley Council - parked on yellow line
« Reply #1 on: »
Yes. Please post up copies of the pcn, your challenge and the rejection. Cover up only your name and address. We will look for technical error
I help you pro bono (for free). I now ask that a £40 donation is made to the North London Hospice before I take over your case. I have an 85% success rate across 2,000 PCNs but some PCNs can't be beaten and I will tell you if your case looks hopeless before asking you to donate.

Re: Bromley Council - parked on yellow line
« Reply #2 on: »
Quote
I thought there was a time limit for them to reply to my appeal.
There is a limit but not at the PCN informal representations stage, which is where you were when submitting representations.

There is an exemption for loading-unloading, so if it were me, I'd wait for the Notice to Owner and submit reps on this basis.

Re: Bromley Council - parked on yellow line
« Reply #3 on: »
@John001 so where's the PCN please?
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: Bromley Council - parked on yellow line
« Reply #4 on: »
I no longer have the PCN. I threw it away after I had no response after 2 months as I thought that there was a time limit of 56 days for them to reply.
I have appealed against PCN's from the council before and have only ever had a reply if the appeal has been rejected (within a few weeks), but they don't reply if it is not rejected.
I am going to wait for them to send the NTO and I will make a formal appeal.
The rejection letter stated that "you said you only stopped for a short time, but this is not allowed".
They ignored my main point that the time of contravention and the time of issue was exactly the same.
 

Re: Bromley Council - parked on yellow line
« Reply #5 on: »
Sorry, it was the time of contravention and the time seen was exactly the same.
From the images shown, there was less than a minute from the first picture taken and the pcn attached to the car.
From reading other threads, it seems that the only way of getting a n appeal accepted is by pointing out a technical error - is this true?

Re: Bromley Council - parked on yellow line
« Reply #6 on: »
I have attached the front and back page of their rejection letter to my informal appeal.

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Re: Bromley Council - parked on yellow line
« Reply #7 on: »
I have attached the front and back page of their rejection letter to my informal appeal.
Is that all of it? Have you chopped some parts off?

Re: Bromley Council - parked on yellow line
« Reply #8 on: »
only the name and address and the penalty chaarge number and location. There is no traffic code.


Re: Bromley Council - parked on yellow line
« Reply #10 on: »
@John001 also please give us a link to the exact spot on google street view, I want to get hold of the traffic order (if I don't have a copy already) but that's a bit difficult if I don't know where this is. It takes 20 working days to get hold of it so the sooner I can request it the better.
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: Bromley Council - parked on yellow line
« Reply #11 on: »
location :  North Road, Bromley

https://maps.app.goo.gl/tCGSxZLmCR4oq4Tz5

I will post again when I receive the NTO

Re: Bromley Council - parked on yellow line
« Reply #12 on: »
From reading other threads, it seems that the only way of getting a n appeal accepted is by pointing out a technical error - is this true?
No, it's not true.
You've described a legitimate exemption and ultimately your word in front of an adjudicator should, ime. win. As long as you don't say anything daft.
What the council have told you so far is rubbish; there are various circumstances in which you are allowed to stop.
If they repeat that statement at the next stage then you will also have a 'failure to consider', a winning point on its own.

But we do need you to cooperate. Do read the link I gave you on how to post images; your current attachments are difficult to read and lack the elements I've explained we need.
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Re: Bromley Council - parked on yellow line
« Reply #13 on: »
Quote
I heard nothing until last week, March 14, nearly 3 months later, I received a letter of rejection.
As well as the loading exemption, I think this fact really does need to be on your reps against the Notice to Owner, and certainly at London Tribunals if you get that far. Three months to reply to informal reps is really quite disgraceful in my opinion.

Re: Bromley Council - parked on yellow line
« Reply #14 on: »
Traffic order is on its way.
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