Author Topic: Medway Code 19 Meadowbank - Resident Parking Permit Partially Displayed  (Read 10408 times)

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Yes I meant made reps. Not OP's fault about the system.
Agreed, the issue is what is the appropriate avenue of redress. I would suggest a formal complaint, if the system is down for whatever reason on a given day then really the council should extended all deadlines by one day.
« Last Edit: August 18, 2025, 02:59:15 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

Yes I agree. Let's see the screenshots.

@404BrainNotFound I have removed your post because it is likely to mislead and cause confusion. You seem to have misunderstood the part of the process that the OP is at, and you've quoted legislation that was abolished years ago. If you want to help the OP with the tribunal stage, I suggest you wait until there is a Notice of Rejection that she can appeal against.
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

The correct legal position is that once a Notice to Owner has been served, the statutory framework is contained in the Civil Enforcement of Parking Contraventions (England) General Regulations 2007
No it isn't, you need to read the regulations. Post incorrect advice again and you won't be posting without prior approval.
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

OP, where is the NTO. Pl post all pages and leave in everything except your name and address.

 Update:
Called the council last week Monday and spoke to someone who seemed knowledgeable and experienced. She reduced the PCN back to £50 (from £75) and advised me to ignore the Charge Certificate (CC). I asked if she could confirm this in writing by email, and she said she would, but I haven’t received anything yet. I’m wondering if it’s worth chasing her up so I have something in writing.

She confirmed that they will consider my representation and the council will get back to me. According to her, the CC was issued at the same time they received my appeal. This isn’t entirely accurate, as my reps were sent before the CC date — but the important thing is that the CC has been cancelled and my reps will be considered.

This is a bit of a saga and I'm half way through War and Peace but their site is showing £50 so wait for them to send you something, probably a rejection.

Re: Medway Code 19 Meadowbank - Resident Parking Permit Partially Displayed
« Reply #37 on: »
NoR ( Notice of Rejection) received. I will post it later.

Re: Medway Code 19 Meadowbank - Resident Parking Permit Partially Displayed
« Reply #38 on: »
@H C Anderson 
@stamfordman 
@cp8759 


Please I need help drafting the appeal to the Tribunal.

NoR below.

Parking Services
Your Ref:FE20KXC
Our Ref: MW92219104
Date: 26 August 2025

PENALTY CHARGE NOTICE MW92219104
NOTICE OF REJECTION OF REPRESENTATIONS
I refer to your recent appeal regarding the above Penalty Charge Notice.
Having considered all aspects of your appeal, I advise that I am unable to cancel the Penalty Charge Notice on this
occasion.
I have noted your comments and would advise you that a Penalty Charge Notice was issued because your vehicle was 19
Parked in a residents` or shared use parking place or zone displaying an invalid permit, an invalid voucher or an invalid pay & display ticket in Meadowbank Road.
In exercising our discretion to cancel a penalty charge notice, the circumstances detailed in your representations have been considered and all reasons for appeal have been taken into consideration. However, on this occasion I cannot find any compelling grounds in which to do so.
Although you have stated that the CEO failed to identify the partially visible valid permit which was displayed at the time,
which may have been partially obscured but this does not make it invalid as the 'Medway Council Serving You' logo can still be seen, I am unable to accept these as mitigating circumstances because I can advise that although you have submitted a valid permit, the terms of the provisions and conditions of the permit clearly advise that the permit is only valid if displayed in a conspicuous position on the front windscreen of the vehicle for which it was issued, a Penalty Charge Notice will be issued for not displaying a valid permit or not displaying it clearly to enable verification. The Civil Enforcement Officer is unable to ascertain the validity of the permit unless the relevant details are clearly visible.
Upon checking the officers photographs, taken at the time of the contravention, you can clearly see that the Medway Council permit is fully obscured by the Croydon Council resident permit, therefore, as the vehicle registration, expiry date and zone cannot be clearly seen on the Medway Council permit the permit is not deemed valid. The CEO's do the checks for a valid permit by checking the details on the permit displayed, as is required of them, not by checking their hand held devices.
I can advise that your vehicle had been parked in a ‘permit holders C only’ bay without a valid permit with clearly shown details on display. Relevant road signs and markings are sited in all roads within the permit area. I can confirm that the Civil Enforcement Officer noted that all windows were checked, and no valid permit was seen on display.
I have also noted your comment that the officers observation period exceeded the Medway Councils 2 minute policy for a
permit holder zone and I can confirm that the Civil Enforcement Officer gave your vehicle a 4-minute 46 second observation period and no activity was seen around the vehicle. As per Medway Council’s Parking Enforcement Policy, an observation period of a minimum 2 minutes should be given to vehicles seen parked in a permit holder only zones. I can also advise that the officer was in the vicinity of the vehicle for 8 minutes whilst taking photographs and making notes and no activity was seen around the vehicle, therefore the ticket was issued correctly.
I must advise that it is the driver’s responsibility to ensure all parking restrictions are read and adhered to before leaving thevehicle parked and to ensure the permit is clearly visible for inspection, as per the terms & conditions.
I have attached photographic evidence taken at the time the contravention occurred that endorses the fact that the Penalty Charge Notice was correctly issued.
« Last Edit: September 16, 2025, 11:01:20 am by JOJO1209 »

Re: Medway Code 19 Meadowbank - Resident Parking Permit Partially Displayed
« Reply #39 on: »
It seems they are tying themselves in knots on the valid/invalid issue:

I can advise that your vehicle had been parked in a ‘permit holders C only’ bay without a valid permit with clearly shown details on display.

This surely is confirmation that they've issued the wrong PCN code. An invalid permit can only be so if the details can be checked and seen to be invalid!

Re: Medway Code 19 Meadowbank - Resident Parking Permit Partially Displayed
« Reply #40 on: »

OP, would you please give us a complete timeline of the key events because yours omits important matters.

I completed the TE9 form to get the charge certificate removed. Is that what you are asking about

Order for Recovery dated.......
Witness statement submitted to TEC dated .......
TEC revocation order* dated........
NTO issued .....8 July


*- which revoked the Order for Recovery and directed the council to cancel the CC(you make it sound like they were doing you a favour).





Re: Medway Code 19 Meadowbank - Resident Parking Permit Partially Displayed
« Reply #41 on: »
@JOJO1209 do you plan on representing yourself, and are you planning on attending the hearing?
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: Medway Code 19 Meadowbank - Resident Parking Permit Partially Displayed
« Reply #42 on: »
@H C Anderson 
@stamfordman 
@cp8759 

See dates as requested


OP, would you please give us a complete timeline of the key events because yours omits important matters.

I completed the TE9 form to get the charge certificate removed. Is that what you are asking about

Order for Recovery dated..28th April 25..( Charge Certificate CC) ...
Witness statement submitted to TEC dated ...11 June 25
TEC revocation order* dated...16 June 25..
NTO issued .....8 July


*- which revoked the Order for Recovery and directed the council to cancel the CC(you make it sound like they were doing you a favour).

Re: Medway Code 19 Meadowbank - Resident Parking Permit Partially Displayed
« Reply #43 on: »
@H C Andersen


I completed the TE9 form to get the charge certificate removed. Is that what you are asking about

No.

I need help in drafting the appeal to file with the tribunal.


Re: Medway Code 19 Meadowbank - Resident Parking Permit Partially Displayed
« Reply #44 on: »
@JOJO1209 do you plan on representing yourself, and are you planning on attending the hearing?

Cannot afford paid representation at the moment due to my current financial situation.