Author Topic: Haringey Council - 12(r) parking without permit  (Read 125 times)

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Haringey Council - 12(r) parking without permit
« on: »
PCN: ZN1957369A
Location: Woodstock Road, N4

I received a PCN on
I have received a NTO on 9 February 2025
drive: https://drive.google.com/drive/folders/1z4UE496eIdI2jdN3Oz5TX5dOk87ihwau?usp=sharing

I appealed that I was broken down, needed assistance before I could move from the location.
I also appealed that the evidence provided did not prove the alleged contravention as there were no images of the car and the sign in one photo clear

I did not receive a reply to my appeal and have received the NTO

Do I have grounds in tribunal to re-provide my garage invoice, displaying evidence of assistance / repair before I moved and the photo issue? 

I wanted to consult as previously several years ago I was challenged by Newham Council that the garage I used was not VAT registered so they could not accept the invoice provided by a small garage.

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Re: Haringey Council - 12(r) parking without permit
« Reply #1 on: »
As I understand it, the statutory defence is 'contravention did not occur' based upon a provision within the traffic order which designates and regulates the parking place that the requirement to pay/display a permit is excepted if the driver was parked due to circumstances beyond their control.

What constitutes sufficient proof for the council and potentially an adjudicator is not set out, so I suggest you give us your/the driver's full account and whatever evidence you have in support. And the PCN pl.

The NTO is dated 9 Feb, therefore IMO you have until 10 March* to submit formal reps.

* this is an edited post as stamfordman pointed out that I got my months mixed up!)
« Last Edit: Today at 12:20:40 pm by tincombe »

Re: Haringey Council - 12(r) parking without permit
« Reply #2 on: »
10 March not 10 April.

Vehicle broken down is one of the most common excuses and councils and adjudicators are often sceptical so you need solid evidence.

Re: Haringey Council - 12(r) parking without permit
« Reply #3 on: »
You must respond to the NtO, or it's game over. Only when reps against a NtO are rejected can you register an appeal at London Tribunals. I'm puzzled why you seem not to have included copies of your collateral evidence, (garage invoice etc), in with your informal reps.

Re: Haringey Council - 12(r) parking without permit
« Reply #4 on: »
Thank you for all your responses.

I do plan to respond to the NTO.

For background i did respond via their portal informal appeal, explained car issue and mechanic helped me get back to driving, alternator issue. provided invoice as part of informal appeal.

I have not heard back from them on my informal appeal, I will address this in the NTO and refer to informal appeal when responding to the NTO.

I also wanted to check if the whole PCN is even valid as the enforcement officer / ticket officer did not take an image of my vehicle and the signage that I was supposed to have seen and allegedly contravened 

Background:

Job for a customer on the same road, parked outside her property while she sorts out permit, she explains she will swap places (car places) and let me park in her special bay and leave her badge in my car.

My car no longer starting, sudden failure. I look at the signage, its close to 630pm time and the sign states Monday - Saturday 0830am-630pm restriction resident permit holders only

Match and Event Day - resident permit holders only - 830am - 830pm / Sunday and public holidays noon - 4pm

FYI - I am local arsenal fan, they were playing away to Villa, turns out the Women's team were playing at the Emirates. However, wasn't to know hence this pickle.

While the car didn't start, I called local mechanic to have a look as it wasn't a long journey for them, i provided an invoice for this mechanic as part of my appeal.

I also spoke to @Hippocrates and highlighted that more importantly was the PCN valid / appeal-able given the PCN evidence does not contain a photo of the car vehicle allegedly contravention and the signage in one photo to confirm that signage was visible.

Historically, a written appeal to adjudicator stage went my way when the adjudicator referenced lack of evidence of vehicle and signage of contravention, in one photo for evidence.

Re: Haringey Council - 12(r) parking without permit
« Reply #5 on: »
There is no legal requirement for photos on any PCN, believe it or not, even those based on CCTV evidence ! Yes, the law is an ass, as the Beadle in Dickens' "Oliver Twist" said.