Author Topic: PCN pavement parking! Clear signs  (Read 595 times)

0 Members and 234 Guests are viewing this topic.

Re: PCN pavement parking! Clear signs
« Reply #15 on: »
Thanks!

My God, they're incompetent and visit this on poor motorists rather than addressing their shortcomings.

Enough of my editorial.

The PCN is missing 2/3rds of the mandatory Appeals Regulations content and you would succeed at adjudication on this point alone(believe it, you would).

So, what must this type of PCN (known colloquially as a Reg. 9 PCN) tell the recipient?

Penalty charge notices for parking contraventions: service by civil enforcement officers

9(7) A penalty charge notice given under this regulation must include the information set out in—

(a)Schedule 2, and

(b)regulation 3(1) of the 2022 Appeals Regulations.

Oh no, not more regulations! Nobody said this was easy, this is why it's useful to have this forum's resource. How is a motorist supposed to know whether an authority has followed procedures if they omit these procedure from official notices when the law requires them to be included?

https://www.legislation.gov.uk/uksi/2022/576/part/2/chapter/1

CHAPTER 1
Information to be included in regulation 9 penalty charge notices and enforcement notices

Information about right to make representations or appeal to be included in regulation 9 penalty charge notices and enforcement notices

3.—(1) A regulation 9 penalty charge notice must include the following information—

(a)that a person on whom a notice to owner is served may, in accordance with these Regulations, make representations to the enforcement authority against the penalty charge and, if those representations are rejected, appeal to an adjudicator;

(b)that if, before a notice to owner is served, representations against the penalty charge are received at such address as may be specified in the notice for the purpose those representations will be considered by the enforcement authority;


(c)that if a notice to owner is served despite the representations mentioned in sub-paragraph (b), representations against the penalty charge must be made to the enforcement authority in the form and manner and at the time specified in the notice to owner.

You will see that the PCN omits 3(1)(b) and IMO 3(1)(c) because although some of of the words are there, it loses its effect without the context of 3(1)((b). They've only been doing this for 16 years, so let's no be too hard on them.

Before I draft something for you pl post exactly what you received in response to your follow-up letter, the 'sorry can't consider this.....' nonsense so that I can reference this in your next letter.
« Last Edit: November 26, 2024, 10:20:35 am by H C Andersen »

Re: PCN pavement parking! Clear signs
« Reply #16 on: »
Thanks!

My God, they're incompetent and visit this on poor motorists rather than addressing their shortcomings.

Enough of my editorial.

The PCN is missing 2/3rds of the mandatory Appeals Regulations content and you would succeed at adjudication on this point alone(believe it, you would).

So, what must this type of PCN (known colloquially as a Reg. 9 PCN) tell the recipient?

Penalty charge notices for parking contraventions: service by civil enforcement officers

9(7) A penalty charge notice given under this regulation must include the information set out in—

(a)Schedule 2, and

(b)regulation 3(1) of the 2022 Appeals Regulations.

Oh no, not more regulations! Nobody said this was easy, this is why it's useful to have this forum's resource. How is a motorist supposed to know whether an authority has followed procedures if they omit these procedure from official notices when the law requires them to be included?

https://www.legislation.gov.uk/uksi/2022/576/part/2/chapter/1

CHAPTER 1
Information to be included in regulation 9 penalty charge notices and enforcement notices

Information about right to make representations or appeal to be included in regulation 9 penalty charge notices and enforcement notices

3.—(1) A regulation 9 penalty charge notice must include the following information—

(a)that a person on whom a notice to owner is served may, in accordance with these Regulations, make representations to the enforcement authority against the penalty charge and, if those representations are rejected, appeal to an adjudicator;

(b)that if, before a notice to owner is served, representations against the penalty charge are received at such address as may be specified in the notice for the purpose those representations will be considered by the enforcement authority;


(c)that if a notice to owner is served despite the representations mentioned in sub-paragraph (b), representations against the penalty charge must be made to the enforcement authority in the form and manner and at the time specified in the notice to owner.

You will see that the PCN omits 3(1)(b) and IMO 3(1)(c) because although some of of the words are there, it loses its effect without the context of 3(1)((b). They've only been doing this for 16 years, so let's no be too hard on them.

Before I draft something for you pl post exactly what you received in response to your follow-up letter, the 'sorry can't consider this.....' nonsense so that I can reference this in your next letter.


Thats unbelievable

see attached response via email it was.

[ Guests cannot view attachments ]

[ Guests cannot view attachments ]

Re: PCN pavement parking! Clear signs
« Reply #17 on: »

Thanks!

My God, they're incompetent and visit this on poor motorists rather than addressing their shortcomings.

Enough of my editorial.

The PCN is missing 2/3rds of the mandatory Appeals Regulations content and you would succeed at adjudication on this point alone(believe it, you would).

So, what must this type of PCN (known colloquially as a Reg. 9 PCN) tell the recipient?

Penalty charge notices for parking contraventions: service by civil enforcement officers

9(7) A penalty charge notice given under this regulation must include the information set out in—

(a)Schedule 2, and

(b)regulation 3(1) of the 2022 Appeals Regulations.

Oh no, not more regulations! Nobody said this was easy, this is why it's useful to have this forum's resource. How is a motorist supposed to know whether an authority has followed procedures if they omit these procedure from official notices when the law requires them to be included?

https://www.legislation.gov.uk/uksi/2022/576/part/2/chapter/1

CHAPTER 1
Information to be included in regulation 9 penalty charge notices and enforcement notices

Information about right to make representations or appeal to be included in regulation 9 penalty charge notices and enforcement notices

3.—(1) A regulation 9 penalty charge notice must include the following information—

(a)that a person on whom a notice to owner is served may, in accordance with these Regulations, make representations to the enforcement authority against the penalty charge and, if those representations are rejected, appeal to an adjudicator;

(b)that if, before a notice to owner is served, representations against the penalty charge are received at such address as may be specified in the notice for the purpose those representations will be considered by the enforcement authority;


(c)that if a notice to owner is served despite the representations mentioned in sub-paragraph (b), representations against the penalty charge must be made to the enforcement authority in the form and manner and at the time specified in the notice to owner.

You will see that the PCN omits 3(1)(b) and IMO 3(1)(c) because although some of of the words are there, it loses its effect without the context of 3(1)((b). They've only been doing this for 16 years, so let's no be too hard on them.

Before I draft something for you pl post exactly what you received in response to your follow-up letter, the 'sorry can't consider this.....' nonsense so that I can reference this in your next letter.



Hello

Hope you are well. they have now sent the Notice to Owner. See attached:




[ Guests cannot view attachments ]
[ Guests cannot view attachments ]

[ Guests cannot view attachments ]
« Last Edit: December 23, 2024, 12:08:26 pm by da3533 »