Hello,
I need some help drafting an appeal. The 14 day discount date would be due tomorrow midnight I believe, so I would be much obliged and appreciate it if somebody could help me draft it.
Two weeks ago I received a window PCN on Deanery road, Stratford, London at 19:06. I thought I could park for free as it was on a Sunday and most of pay and display bays are free on a Sunday unless stated. The signage was so confusing and I didn't see anything entering in that it was an event day. I even went around later to all the nearby road openings and couldn't find any signage. Unfortunately, I didn't take any pics of council's lack of signage.
I am looking to appeal after I did some research on this forum, particularly this case:
http://forums.pepipoo.com/index.php?showto...76104&st=20, where the gentleman won the case.
Here's what I'm thinking of writing, similar to the link above:
"Dear Sirs/Madam,
[Reference:
Penalty Charge Notice No: PN37095068
Date of issue: Sunday 29th October 2023
Vehicle registration: LL20XUG
I am writing in response to the Council’s letter dated 29/10/23, in which the Council issued a penalty charge notice on the grounds that I was “parked in a residents’ or shared use parking place or zone without a valid virtual permit or clearly displaying a valid physical permit or voucher or pay and display ticket issued for that place where required, or without payment of the parking charge”.
Response 1: I appeal this letter on the grounds that the enforcement authority has committed a procedural impropriety.
Signboards listing parking restrictions clearly indicated that parking restrictions applied Monday-Saturday, and not outside those hours. My car was parked in a valid bay on a Sunday, outside the application of the parking restrictions. As such, I was legally able to use the parking zone without a valid virtual or physical permit or voucher nor was I required to issue a pay and display charge. I believe I have been wrongly targeted for a parking offence.
Response 2: 1) The enforcement authority has committed a procedural impropriety
Section 1(e) of the Civil Enforcement of Parking Contraventions (England) General Regulations states, “A penalty charge notice served under regulation 9 must, in addition to the matters required to be included in it by regulation 3(2) of the Representations and Appeals Regulations, state—(e)the grounds on which the civil enforcement officer serving the notice believes that a penalty charge is payable”
The grounds stated on the PCN were, “parked in a residents’ or shared use parking place or zone without a valid virtual permit or clearly displaying a valid physical permit or voucher or pay and display ticket issued for that place where required, or without payment of the parking charge”..”
The law requires a PCN to state the grounds why the CEO believes a penalty is payable. The words used on the PCN are insufficiently precise to comply with this requirement. I calculate that there are twelve possible permutations of the alleged contravention committed:
• Resident's parking place/no permit displayed
• Resident's parking place/no voucher displayed
• Resident's parking place/no pay & display ticket displayed
• Resident’s parking place/parking charge not paid
• Shared use parking place/ no permit displayed
• Shared use parking place/ no voucher displayed
• Shared use parking place/ no pay& display ticket displayed
• Shared use parking place/parking charge not paid
• Resident’s zone/ no permit displayed
• Resident’s zone/ no voucher displayed
• Resident’s zone/ no pay & display ticket displayed
• Resident’s zone/parking charge not paid
It may be that the council is using wording standardised by London Councils but this does not mean it satisfies paragraph 1(e). The law does not invite a PCN to list a combination of possible grounds but requires something definitive from the CEO to be stated. As the PCN states a combination of possible grounds the PCN is too vague to satisfy paragraph 1(e) and wholly inadequate for its primary purpose of informing a motorist of the particulars of the alleged contravention. It is not for the recipient to work out which ground is applicable. It is for the PCN to state it.
On these points I would sincerely ask and plead that you exercise your powers of discretion in this instance and cancel this PCN.
Thank you for your time."
Is there anything more I could add?
Rest of the pics:
https://imgur.com/a/pU7poBgSorry Ivan, I couldn't find the block imgur link thing to add the imgur images as part of the post, I tried finding it for 10 mins!
As you can see, the street is dimly lit, the signage is 'hiding' behind a caravan tow thingy and the signage is bent too. Not sure if that would help the case or how to word that in more formal language, so advice would be much appreciated.
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