3. Harrow Council - PCN, parking within PPA "HH", West Street HA1
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Re: Harrow Council - PCN, parking within PPA "HH", West Street HA1
« Reply #15 on: »
Quote from: smc on July 20, 2023, 11:35:43 pm
It's almost like you've done this before!
Maybe once or twice  :)
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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: Harrow Council - PCN, parking within PPA "HH", West Street HA1
« Reply #16 on: »
Here's the confirmation page screenshot.

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Re: Harrow Council - PCN, parking within PPA "HH", West Street HA1
« Reply #17 on: »
Hello again. The reply is in today, a rejection, in a very similar wording to the previous letter.

Unfortunately, this no longer appears to be the case:
Quote from: cp8759 on June 30, 2023, 04:24:01 pm
Well the starting point is that, as long as you challenge the Notice to Owner within 14 days, the council will re-offer the discount (to discourage you from appealing to the tribunal), so you might as well carry on.
So the full £110 cost is payable now. :(

On the other hand this means there is nothing to lose by appealing to tribunal so this is now the obvious choice, so I would appreciate guidance please.

Key part of letter (pages 1 & 2) below:
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I can appeal online again it looks like, so the question is what I should write?

For context....
I do think the signage where I entered the zone is particularly poor. From street view, one sign is not at all visible (immediately opposite junction) and the sign on the far side of the road is partly obscured by the Give Way sign at the junction, then visible only briefly when attention is on the zebra crossing (see the signs ringed in red below). I did not see any repeater signs between here and where I parked.
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Thank you for the guidance so far!

Here the full letter received:
https://drive.google.com/file/d/1BdswQjcIgrDwODclSAhdAzIVjcVpMVzP/view (page 1 - Rejection of Representations)
https://drive.google.com/file/d/1P_ibAZeQ7fuRANuOCjqunN_ooeTnUwHO/view (page 2 - Rejection of Representations)
https://drive.google.com/file/d/1flJCGndgNcVQbQr06NCWb6y1khKk7eph/view (page 3 - Your right to appeal information)
https://drive.google.com/file/d/1QzfduDn2aDteEK8ZHB8Pa5Sij69f8AKh/view (page 4 - Your right to appeal information)
https://drive.google.com/file/d/1G6VQFTGDSMUnpcxEYuwPf5gHgNHXLtGX/view (page 5 - Notice of Appeal form)
https://drive.google.com/file/d/1PQGPhj113Rh1FRXzDoLAVOSlrUJlbtfG/view (page 6 - Notice of Appeal form)

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Re: Harrow Council - PCN, parking within PPA "HH", West Street HA1
« Reply #18 on: »
The next stage is to register an appeal at London Tribunals. They have not re-offered the discount, so it is a no-brainer to take them to LT, as the penalty remains the same and there are no additional costs. As far as I can see they have not considered your reps properly, or even not at all. You have a good case, so go for it.
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Re: Harrow Council - PCN, parking within PPA "HH", West Street HA1
« Reply #19 on: »
Would you like me to represent you at the tribunal?
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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: Harrow Council - PCN, parking within PPA "HH", West Street HA1
« Reply #20 on: »
Quote from: cp8759 on August 05, 2023, 06:25:40 pm
Would you like me to represent you at the tribunal?
Thank you for offering, this is very kind and I would appreciate that a lot.

I am writing the appeal text now based on the previous submissions. Is this draft below suitable?

Quote
I challenge liability for PCN HR51148352 due to a lack of zone repeater signs. At first I had no idea why I received a PCN, but having looked into matters I now understand I was parked within the Harrow on the Hill Permit Parking Area.

I entered the zone via Grove Hill junction with Peterborough Road, which is quite a busy junction with a zebra crossing 20 metres ahead. While I now understand there are Permit Parking Area signs at this junction on Peterborough Road, the visibility of these signs is poor. The near-side sign not visible due to the junction angle, and the off-side sign part obscured at the junction, and then visible for only a very short distance whilst approaching a zebra crossing. See attached image.

The PPA itself is large, and I did not pass any repeater signs within the zone. By the time I came to a stop I had driven down the High Street and turned into West Road; I had travelled a quarter of a kilometre from the entrance of the zone and was on a much smaller road with considerably less traffic. I observed my surroundings and did not see any indication of any parking restrictions (either at the start of West Road, or along the road side, or in the form of yellow lines). I have photos demonstrating that there is no signage within sight of my parked car.

A Permit Parking Area is different to a Controlled Parking Zone because, unlike a CPZ, the layout of a PPA does not include any bays or markings to alert a motorist to the restrictions. While previous tribunal decisions are not binding they can be persuasive and I note the significant parallels with Shetal Patel vs London Borough of Harrow (PCN HR51100560, Case 2220650316, 27 Oct 2022) and also Stephanie Martin v Knowsley Metropolitan Borough Council (KI00006-1905, 21 June 2019), where in both cases the adjudicator found that in a large PPA covering several streets, the zone entrance signs alone are not adequate to support the restriction.


I therefore contest that the alleged contravention did not occur.
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Re: Harrow Council - PCN, parking within PPA "HH", West Street HA1
« Reply #21 on: »
I'll drop you a pm.
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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: Harrow Council - PCN, parking within PPA "HH", West Street HA1
« Reply #22 on: »
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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: Harrow Council - PCN, parking within PPA "HH", West Street HA1
« Reply #23 on: »
Massive thank you to cp8759 for your work towards the appeal and representation.

We wouldn't have been able to navigate the process without your help!
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