Author Topic: Haringey Code 12r (parking without valid permit) in resident bay - 13 PCNs & appeals rejected  (Read 11196 times)

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@cp8759

So I've received a notice of rejection for the 14th PCN. As a reminder, it was submitted on behalf of the family friend who went along with my sister to collect the vehicle from the pound and they received it in the post today



I can make a rep against this but guessing I should wait until the subject access request for the CCTV footage/confirmation of copies given arrives in order to build a case?



I can make a rep against this but guessing I should wait until the subject access request for the CCTV footage/confirmation of copies given arrives in order to build a case?
No, I don't think you appreciate how perilous your situation is.

Please confirm who this letter is addressed to: the registered keeper, the sister, the friend?
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

Oh really, what am I missing?

It was addressed to family friend.

So the family friend needs to write back:

Dear London Borough of Haringey,

You did not issue any representations form at the car pound, so I had no way of knowing about the 28 day deadline. Your failure to issue a representations form is a procedural impropriety.

If you are rejecting my representations then please issue a formal notice of rejection.

Yours faithfully,

If they don't issue a proper notice of rejection it's going to be very difficult to get this in front of an adjudicator.
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

Gotcha!

Just to confirm, this isn't a notice of rejection? Under the second black box is a verification code (and the rest are personal details).

On the PCN > Key Events on Haringey's website, it shows



It does say 'Challenge/Representation Rejected' so I guess that doesn't necessarily mean this is a Notice of Rejection. Just want to clarify?

@cp8759 - I just tested trying to appeal the PCN on the London Tribunals website. I entered the PCN number, selected the reason for appeal and the verification code worked. I haven't submitted anything, but the fact the verification code worked tells me this is a Notice of Rejection?

Also received this response for the Subject Access Request:

"Thank you for completing our online form.

Before we can proceed with your request, please confirm the following:

What is the vehicle registration number?
Are you requesting for footage for the reception area of the car pound or the outside?
Can you confirm that you would like a copy of the paperwork that was provided to you at the pound when you attended on 1 June 2024?
 
I can check with the pound if the CCTV footage is still available as most of our CCTV footage is only kept for 28 days. If we have the footage, we would not be able to provide it to you if there are images of other people.

I look forward to your response.

Kindest regards
"

OP, if it was a Notice of Rejection then cp would have used this term. A Notice of Rejection is a mandated notice with prescribed content.

You have a letter which declines to consider the reps, in fact it's not even addressed to the person who made them.

But you have managed to get through ETA's verification process so submit an appeal now and come back when you have confirmation that it's been registered and been allocated a case number. For now the grounds of 'procedural impropriety' would suffice. You must get confirmation from ETA that an appeal has been registered.

I think cp's suggestion could be put on hold until you have confirmation.

@H C Andersen hmm, I'm still unsure why that verification code worked on the Tribunals website if this is not a notice of rejection?

To be clear, this was addressed correctly to the family friend that signed off the release for the vehicle at the pound.

Just to confirm, when you say 'appeal', you just mean respond to the letter with what @cp8759 suggested?

@inst1nct103 by providing a verification code they've shot themselves in the foot, as they have effectively conceded that it is a notice of rejection. This being the case, you've got an open and shut appeal because the notice of rejection is hopelessly flawed.

In the circumstances you can easily win the appeal and get the towing charges refunded, I'm going to drop you a PM in case you'd like to be represented.
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, what makes this a NoR? The code.

What makes it not a NoR:

It doesn't state the following:

(11) Where an authority does not accept that there are any compelling reasons of a kind mentioned in regulation 11(3)(b), or that any of the grounds specified in regulation 11(4) apply, its decision notice must—

(a)inform R of R’s right to appeal to an adjudicator under regulation 13,

(b)indicate the nature of an adjudicator’s power to award costs, and

(c)describe in general terms the form and manner in which such an appeal is required to be made.


https://www.legislation.gov.uk/uksi/2022/576/regulation/12


Pl don't ask why councils can be so stupid!


Okay all, it's been a while since I posted and that's because Haringey have taken their time to get back to me.

The short and disappointing news is that they have rejected every appeal and now all the PCNs (13 of them) have progressed to the Notice of Rejection. This time I have received the letters for each one and they all give the details as to why they were rejected. They simply mentioned that I should have been aware of the expiry date of my resident permit, that PCNs may have fallen off due to adverse weather conditions and some filler text about being offered the initial opportunity to pay the reduced fee.

They did not address the lack of delivery for some of the Notice to Owners, the suggested argument for continuous contravention being applied here nor the email I received from the Head of Highways and Parking at Haringey Council, wherein she said that vehicles are typically removed after 3-5 PCNs being issued.

I've attached images here of one of these in order to not flood the entire post with the same copy across all of the PCNs. I have omitted the other pages which are just the forms to fill in to progress this.





As a reminder, I submitted two different appeals.

For PCN 1/13, I tried to appease to their sympathy that I did not see the email. It turns out it arrived into my junk folder and my email client did not pick up on this. I had to go onto GMail to locate it.

For PCN 2-13/13, I use the argument of continuous contravention.

My thoughts/questions:

1. I am considering paying the reduced fare of PCN 1/13, as it was my mistake. Thoughts on this?
2. Despite the reduced rate being offered for PCN 2-13/13, I think it makes sense to appeal this further. @Enceladus also mentioned in the previous post that are some discrepancies in the photos of the PCNs. I will look to see if there are anymore and build the case off this + continuous contravention.
3. I've not done this before so for my understanding, I am assuming this is now going to progress to a hearing where I will need to attend court?


No, you don't have to attend any court, the next step is you register an appeal at London Tribunals, where an adjudicator will decide the matter.

Whilst one can attend personally, most people opt for the telephone hearing; the council can attend but usually do not, relying on their evidence pack. The main advice of this forum is never opt for a decision on the papers alone; these usually end in disaster. One of the advisers on here may even offer to represent you.

If you lose at LT, then that is the end of the process.


The main advice of this forum is never opt for a decision on the papers alone; these usually end in disaster.


Can you clarify what you mean by this?

And that's good to know! The telephone hearing sounds like a much more convenient option.



The main advice of this forum is never opt for a decision on the papers alone; these usually end in disaster.


Can you clarify what you mean by this?

And that's good to know! The telephone hearing sounds like a much more convenient option.
One option at LT is to not opt for a hearing, either being present at it, or by phone, , but to rely solely on your appeal documents. The adjudicator then just reads the papers of each side and comes to a decision. There is therefore no opportunity at all for the adjudicator to ask questions if he has doubt about something in the appeal. Experience of this forum is that most papers-based appeals are lost, so don't opt for them ! Of course, a hearing, even by telephone is more inconvenient in terms of you have to give your time.

To recap. You are dealing with 13 PCNs which were allegedly served by attaching to the windscreen of your car?
You have one further PCN which was paid at the pound at the discount rate and then handed to your sister when recovering the car? Makes a total of 14 PCNs?

Please confirm how many Notices of Rejection you have now received? Is it 13 or is it 14?

The NoR you have posted refers to PCN ZN12355191 and says that "Futhermore our record confirms that an informal challenge, from yourself was received prior to the service of the Notice to Owner ....." Do you know which PCN they are referring to? Is it ZN12355191. It seems to be one of the 13 PCN and not PCN 14 which is the pound PCN?

Have any of the missing Notices to Owner ever turned up?

The NoR you posted is dated the 23rd September 2024, which is a Monday. When did it actually arrive with you?

And are all the NoRs you've received dated the 23rd September 2024?

My apologies for the tedious questions but I'm just trying to nail down as many of the facts as we can about this unfortunate matter. Not your fault, but your situation has become ludicrously complex.