3. Tower Hamlets - Code 12S parked in a resident bay without valid ticket
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Re: Tower Hamlets - Code 12S parked in a resident bay without valid ticket
« Reply #15 on: »
Today is the last day for an informal appeal. I think I’ll not bother with an informal appeal and wait for the NtO to try and then appeal on the grounds that the contravention did not occur due to blurry images. Can throw in that procedural impropriety point in the mix too but main argument would be lack of evidence through blurry images.
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Re: Tower Hamlets - Code 12S parked in a resident bay without valid ticket
« Reply #16 on: »
@iispartan the one thing you do not want to do is mention the blurry images when you challenge the notice to owner, as they can send someone round to take some better pictures and send them to you in the notice of rejection, and you've then sunk your own case (this is one of the possible pitfalls I mentioned earlier).

One approach would be to actually argue the procedural impropriety in the representations and not mention anything else, hence throwing the council off the scent. Then an appeal can be made to the tribunal just saying "I rely on my formal representations" and assuming they've not produced any better images, we get to the hearing and take the point that the photos do not prove anything. No strategy can give a 100% guarantee of success, but the best way to exploit the blurry images is to not mention them at all until the start of the actual hearing, at which point even if they attend the hearing (which is unlikely in the extreme) it will be too late for the council to do anything about it.

I would recommend you do not send a representation against the notice to owner without showing us a draft first.
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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: Tower Hamlets - Code 12S parked in a resident bay without valid ticket
« Reply #17 on: »
NtO arrived see link here https://imgur.com/a/FNFJkez

I agree cp I will appeal this with the simply procedural impropriety point. I will not mention the blurry pictures. The fact they haven’t included any picture evidence in the NtO is telling. Draft appeal:

I appeal the PCN on the grounds of procedural impropriety, the wording regarding the 28 days payment in the PCN does not comply with The Civil Enforcement of Road Traffic Contraventions Regulations 2022, specifically Schedule 2 para. 2
(d)that the penalty charge must be paid within the period of 28 days beginning with the date on which the alleged contravention occurred,

As such the PCN is invalid and must be cancelled.

Appreciate any feedback
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Re: Tower Hamlets - Code 12S parked in a resident bay without valid ticket
« Reply #18 on: »
Any thoughts on above ?
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Re: Tower Hamlets - Code 12S parked in a resident bay without valid ticket
« Reply #19 on: »
Each case turns on its own facts. IMO it is risky to attempt to draw the general from the specific, in this case is every PCN which does not refer to 'contravention occurred' going to succeed atu adjudication on PI grounds?

IMO, very unlikely.

What we know as case law is that a PCN must be read as a whole and whose wording is not required to be replicated from the regs verbatim. It must convey the information contained therein without confusing or misleading. This has been incorporated into the 2022 regs which now state:

2.  The information to be included in a penalty charge notice served under regulation 9 is—

(d)that the penalty charge must be paid within the period of 28 days beginning with the date on which the alleged contravention occurred,


So 'information to be included' in the PCN as a whole.

And yours states:

Service date of notice: 30/3
Contravention date: 30/3

'.....date on which the penalty was served.'

If 100 people were asked 'on what date does the 28-day period commence' how many would say '30 March'?

IMO, there's no PI regarding the use of 'date..was served' because as a whole the PCN contains this information.




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Re: Tower Hamlets - Code 12S parked in a resident bay without valid ticket
« Reply #20 on: »
It’s not my main defence in this case, the strategy is to distract the authorities from the fact that the only evidence they have are in fact blurry and try to argue that there is nothing to prove a contravention occurred. It’s more of a smoke screen so at tribunal stage can bring this up, as advised by @cp8759
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Re: Tower Hamlets - Code 12S parked in a resident bay without valid ticket
« Reply #21 on: »
I thought that parking restriction end at 1pm but actually realised afterwards it ends at 5pm on a Saturday.


The sign posted clearly shows that payment is required Mon-Sat 9-5.30pm, so I've no idea where 1pm comes from, it's never 1pm, unless the sign we've seen is incorrect?

So, what do we have?

At its most basic level, a higher level penalty for a 30-minute overstay.

I think we should examine the 12 v 19 issue. And code 5.

Grounds for reps:
Penalty exceeded the amount applicable in the circumstances of the case.

OP, read the list of contraventions here: https://www.londoncouncils.gov.uk/download/file/fid/4029

You were parked after the expiry of paid for time, which is a lower level penalty.

You were also parked with an invalid P&D ticket. Again, lower level.

So, my approach would be that you saw the sign but just miscalculated when you would return. In this respect, the sign is your ally.

I think we need to broaden the approach here.

But it's just a view.
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Re: Tower Hamlets - Code 12S parked in a resident bay without valid ticket
« Reply #22 on: »
I think @H C Andersen makes a very valid point about code 05, which seems to be the applicable one.

However once more I think it is best to avoid any self-incriminating admissions at all in the representations, you know right to silence and all that. I would stick with the representation as drafted, after all it's not as if you're going to persuade the council to cancel the penalty.

At the tribunal stage if the council proves a contravention is made out (which is 50 / 50 at best), a fairly solid argument can be made that the PCN should have been issued for "Parked after the expiry of paid for time", and the penalty demanded therefore exceeds the amount due in the circumstances of the case.
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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: Tower Hamlets - Code 12S parked in a resident bay without valid ticket
« Reply #23 on: »
Finally received a response and PCN has been cancelled. I appealed on the basis of procedural impropriety but I have a feeling they realised they mucked up the photos!

Thanks all for your help

https://imgur.com/a/uM85szT
« Last Edit: June 17, 2024, 02:19:25 pm by iispartan »
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Re: Tower Hamlets - Code 12S parked in a resident bay without valid ticket
« Reply #24 on: »
Well done!
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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
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