I have now registered the case
I think I would rather have a telephone call, I don't think I would cope very well with a video call
This is the councils response to my submission
The council offers Resident Permits to qualifying residents within Beverley’s Controlled Parking Zone (CPZ), which offer an exemption from certain parking restrictions in residential areas. Residents within Beverley’s CPZ can purchase a maximum of two Resident Permits per household, with the first permit currently costing £35.00 and the second permit costing £110.00. Resident Permits are a virtual permit, issued through the MiPermit system. Permit holders create their own account on MiPermit, meaning they have the facility to purchase, amend and cancel their own permits online at any time.
Parking at Queensgate, Beverley is limited to two hours maximum stay, with no return permitted within one hour, on Mondays to Saturdays between 8am and 6pm. Resident Permit holders are exempt from this restriction.
It is clear from Mr Walford’s MiPermit history, that in order to avoid purchasing a second Resident Permit, he alters the vehicle registration covered by his one Resident Permit, roughly every two hours, when both vehicles are parked during restricted times. This happens almost every day, several times a day.
The Resident Permit Terms and Conditions do stipulate that permit holders can update the vehicle covered by their permit as often as they wish; the spirit of this term is to ensure that permit holders are not inconvenienced when they get a new vehicle or have a courtesy car, as they can easily update the vehicle online without having to wait for the council to process this; the spirit of this term is not to allow two vehicles to park in reliance of one permit to avoid purchasing a second Resident Permit. Mr Walford has previously had PCN Challenges accepted, and he has been advised of this in response letters, which are included in the evidence.
On this occasion, the CEO observed the vehicle parked at 09:54 and 12:08 hours, without having moved, the vehicle was not covered by a Resident Permit at either of these times. Mr Walford is not disputing this, however he states that the vehicle was covered by a Resident Permit between 10:02 and 12:00 hours, and he believes that the two-hour permitted parking period should only begin at the time he removes his vehicle from the permit. The council however considers that in order for a permit to offer an exemption from a parking restriction, it must be in place at the time(s) that a Civil Enforcement Officer (CEO) observes a vehicle parked.
The no return period is not relevant in this instance as the PCN was not issued for returning to a location within a no return period.
As is evidenced by the Notice of Rejection of Formal Representation letter, Mr Walford was advised of his right to appeal the decision to the Tribunal.
Given that Mr Walford’s vehicle was not covered by a Resident Permit for either of the CEO’s observations, and the vehicle remained parked for over two hours without moving, the council is satisfied that the contravention did occur and that the PCN should stand. Mr Walford has not provided any mitigating circumstances for consideration.
I'm not happy with the comments relating to the MI permit previous history
They appear to disagree with the impropriety of the Notice of Rejection
2. Procedural impropriety
The NOR is required to state your appeal rights.
The NOR I received doesn't. In as much as your timeframe for registering a statutory(as opposed to discretionary) appeal is concerned, this is misstated in their notice ('within 28 days of service' is incorrect), there is no reference to a discretionary appeal and neither does the notice advise you regarding costs which may be awarded against you or the authority subject to conditions.
The authority cannot finesse these errors by claiming that 'our website will explain this further' because the 'our' is not the council, it's the tribunal; they've lifted that part straight from the tribunal's publications. But a NOR must be self-contained.
Any further advice appreciated
Steve
