Author Topic: Camden Council - failing to comply with prohibition- I have a residents permit!  (Read 672 times)

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Hi all

Received this PCN through the post. We have a restriction during school hours on our road but my understanding is that residents are exempt as this is the first time we received a PCN.

My brother was driving and we hold a resident permit for this area so are exempt (I’ve included resident permit screen shot in evidence).

See link for PCN and council images:

https://imgur.com/a/DldiZI0

I’m thinking this is an easy appeal on grounds that we have a residents permit - but I’m trying to think why we’ve received this PCN.

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my understanding is that residents are exempt
So what is this "understanding" based on ? Show us where it says residents are exempt on their website.

See the Traffic Order here https://www.camden.gov.uk/documents/20142/4207163/2022+No.+115+-+published+18+August+2022.pdf/685b9768-b42c-453b-c139-d9bdefa7b0db?t=1660844054947

Under Redhill Street:
“ Motor vehicles are prohibited from entering Redhill Street at both its junctions with Albany Street (northern junction adjacent to Gardner House, southern junction adjacent to St. George’s Antiochian Orthodox Cathedral) on Mondays to Fridays between 8 and 9.15 am and between 2.45 and 4pm during Christ Church C of E Primary School term times. Exemptions to these timed restrictions will apply in respect of vehicles registered to properties in Redhill Street or properties accessible only via Redhill Street, to disabled badge holders living in Redhill Street or properties accessible only from Redhill Street and any other vehicles which may otherwise by authorised by the council”



@iispartan the notice and statement of reasons etc is all irrelevant as they don't have force of law, the actual order starts on page nine.

There is an exemption at article 4.1.1 (see page 10):

4.1 Nothing in Article 3.1 shall apply in respect of;
4.1.1 any motor vehicle registered to a property in Redhill Street or any property which can only be accessed by motor vehicle from Redhill Street;


So, is the car registered at an address in Redhill Street, or an address which can only be accessed by motor vehicle from Redhill Street?
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

Yes the car is registered to an address at Redhill Street. My draft appeal:

Dear Camden Council,

I challenge PCN XXXXX on the grounds that the contravention did not occur. The vehicle in question is registered at an address in Redhill Street and under the The Camden (Redhill Street) Experimental Traffic Order 2022 there is an exemption in article 4.1.1 which states:

4.1 Nothing in Article 3.1 shall apply in respect of;
4.1.1 any motor vehicle registered to a property in Redhill Street or any property which can only be accessed by motor vehicle from Redhill Street;

As such, the PCN must have been issued in error and must be cancelled. I attach evidence of resident permit assigned to my vehicle.

Regards,

The term registered must be a reference to the Vehicle Excise and Registration Act 1994 i.e. the registered address with DVLA.

So assuming the car is so registered, you want to send the address page of the V5C, this has nothing to do with parking permits. Other than that your draft is spot on.
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