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NTO received dated 13.01.24

Need help in drafting the formal challenge.

Grateful for your assistance.

Thanks in advance

NTO
Help please.
Thanks





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NTO
Help please.
Thanks

Please repost page 1 of the NtO the right way up, and only redact yr name & addresss.

The experts here are pretty much united in believing you have an excellent case.

As for your reps against the NtO, subject to the suggestions of others, I would take your challenge against the PCN as the base of your reps (quoted below) and incorporate some of the points others have made earlier in this thread. Post you revoised draft here for commment before sending, but do not miss deadline.

Remember, either your wife signs, in which case you change 'I' to my husband throughout, or you must enclose a letter of authority from her.

Appeal Representations against PCN MW912094257 Issued 24th November 2024 - Clover Street Chatham ME4 4DE

As the driver at the time  iam making these representations on behalf of my wife, the registered owner, and enclose a letter of authority to do so.


I am challenging making these reps against the Notice to Ownerthe PCN on the grounds that I was engaged in the exempt activity of unloading.

On the day in question I was delivering bulky food items to the Emmaus Church Centre on Clover
Street ME4 4DE Chatham and therefore there was no contravention. Specifically, I was delivering food which would be distributed to homeless people through a scheme administered and led by the church. I was acting in a personal capacity and it was my first delivery.

I was taking a number of bulky food items for homeless people to the Emmaus Church Centre and needed to park by the entrance to do so. Some of the delivery was hot food and in consequence; I had to contact specific volunteers within the building so that this could be transferred to their own insulated containers.
I needed to go to the centre and back to the car twice to unload all the food items.

 I assume this were on either side of the PCN being issued - there was a PCN on my vehicle when I finally returned to my vehicle after my last trip from the ECC  but was blown away in the extreme weather. In any event, this doesn't bear upon my circumstances or representations.

Please note that this food delivery donation will be a semi-regular activity depending upon availability. I will be making future trips to delivery our personal food donation to The Emmaus Church Centre (TECC).
See attached links confirming the good cause carried out by the ECC in which I was part of and making a delivery.
https://emmaus.org.uk/about-us/ - Emmaus supports more than 850 people who have experienced homelessness. We provide a home, training and work opportunities as part of a
https://www.helpingthehomeless.org.uk/medway

I was delivering; a vehicle was essential; I parked as near to the church as possible and the activity took only as long as necessary in the circumstances to carry out this good cause; and trust you'll agree the exemption applies. Consequently, the exemption of delivering applies and the PCN should be cancelled.

I look forward to the early cancellation of this PCN.

EDIT - post crossed with Stamfordman.

Should work.

I would in preference go back to their rejection.

Dear Sir,
PCN ******* Date of Contravention Sunday 24 November 2024

I am making formal representations on the grounds of 'Contravention did not occur'.

The material facts accepted and stated by the authority in their rejection of my previous representations are as follows:

The date of issue of the PCN was a Sunday;
You accept that I was unloading;
You state that 'The entry signs in Clover Street clearly state that this is a 'Restricted Zone at any Time' and 'No Loading' on Monday to Saturday 10:00am to 5pm.

And then for some inexplicable reason you rejected my representations on the basis that 'Non loading vehicles are not permitted to park in this area at anytime. As your vehicle was parked in Clover Street on 24/11/2024, your vehicle was correctly issued a Penalty Charge Notice.'.

You are correct in that I was parked within an area which prohibits waiting 24/7 , however, loading is permitted(and therefore not mitigation but a legal exemption).

The issue here is the authority's misapplication of the law (all material evidence being common ground) and were this to continue then such a decision would be considered frivolous and risk the authority being subject to a costs award at adjudication.

Thanks all for your contributions and help in drafting the representation.
As advised I would go with HC Andersen's version and add in the line by Stamfordman reiterating I was unloading bulky food items.

Please can someone confirm the last day of submission? I don't want to miss it.
I make it the 12th Feb ( 28 days from date served 15.01.25 ; posting date 13.01.25 served 2nd working day after posting).


I called Medway parking dept; the lady said I can email my representation.

Do I need to add the declaration at the end of email representation and sign or do representation as a letter and attach it to the email.
Do I have to sign the NTO & scan & attach it to the email or would a signed letter with the declaration be sufficient?

Sorry never done this before. Apologies if my questions are silly.

Thanks.

Formal Representation made online.

Acceptance page printed and saved on laptop

Please, I need some advice on how to respond to this email sent on 26th March 2025 requesting for delivery Invoice on a letter-headed paper regarding this PCN.
I do not have a letter-headed invoice. I was delivering cooked food free of charge to a church that was feeding the homeless, as stated in my appeal and on this forum. I am confused that they are asking for a delivery invoice now. I am confused as to how or where I can get an invoice for free home cooked food for the homeless.
Thanks in advance for your input 

Date: 26th March 2025

PENALTY CHARGE NOTICE: MW92094257
I refer to your recent appeal regarding the above Penalty Charge Notice.
To enable this matter to be given further consideration please forward a copy of the delivery note/invoice in respect of the delivery/collection of goods you state you were making on the day in question, failing this a company headed letter would be accepted.
Please submit this documentation to the Parking Section of Medway Council at the above address within 7 days of the date of this letter in order to prevent further action being taken. If however you are not able to provide this proof I would ask you to make arrangements for payment of the outstanding amount due within 14 days of the date of this letter.
The rejection is indeed correct in that without being seen to be unloading or loading in the given observation period as this is zero tolerance area outside of the loading times, you would need to be seen as it is required to be continuous.

Please note the Parking Office has the facility to accept payments by Credit/Debit/Switch/Delta cards on 01634 332266 or by using the automatic payments system on 01634 334477, or pay online at www.medway.gov.uk

Yours sincerely,
G.GX

Medway Council

EDIT, crossed with HCA
-------------

Pepipoo had an emoji for hitting head on brick wall, but this     will have to do.

AS I said much earlier, what muppets are working for Medway. Rant over (must confess to a psrticular interest in this location - I once lived on Clover Street - had to move when Chatham Council had a CPO and demolished the houses).

Keep calm and carry on - you have a v.good  case. It might be worth asking Emmaus for a note on headed paper along the lines of To whom it may concern. We confirm that Nn was delivering large and bulky items donated to our Food Bank at the above address. (signed) XYZ.

I'd go with HCA's advice and keep any letter you may obtain in reserve.