Author Topic: Havering Council Notice to Owner received for contravention code 62  (Read 2277 times)

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Re: Havering Council Notice to Owner received for contravention code 62
« Reply #15 on: »
..can we wait for the charge certificate to come and then have to file a witness statement to say that the original PCN wasn't received and then it gets reset back to the original amount?

No.

The regs state:

a)that P did not receive the enforcement notice;

The NTO is the enforcement notice, and you've received this.

Actual WS tend to build in an explanation in their wording and say NTO/PCN because the same regs apply to PCNs sent by post which are 'enforcement notices'.

Probably better not to try and understand, just accept that this option is not open to you.

Re: Havering Council Notice to Owner received for contravention code 62
« Reply #16 on: »
You may as well make reps saying the windscreen PCN was missing but sadly Havering has a policy of not offering the discount on rejection so then you can waste some of their money on the tribunal. But no ask no get.

You've removed all the info and I can't remember where this is so we can't help you any further.

Re: Havering Council Notice to Owner received for contravention code 62
« Reply #17 on: »
I say never ignore a Notice to Owner.

A TMA 2004 PCN served to car or driver allows 28 days from date of PCN which is essentially the same as the contravention date so nothing particularly wrong there. This is unlike postal PCNs under the TMA 2004, which must state "from date of service", because post at 1st Class assumes 2 days, so you get 2 days plus 28 days from PCN date.

Re: Havering Council Notice to Owner received for contravention code 62
« Reply #18 on: »
Ok thanks for your assistance on the matter. We will draft our appeal based on the fact that the windscreen PCN wasn't anywhere to be seen and its only fair that they re-offer the discount as a goodwill  gesture. The blanket no footway parking restriction inside the M25 seems pretty concrete on their part so hopefully they re-offer the discount.

Re: Havering Council Notice to Owner received for contravention code 62
« Reply #19 on: »
While you're doing this and while the authority considers your reps, I suggest your father may use the time wisely for some introspection.

My father received a Notice to Owner out of the blue yesterday from Havering Council for Contravention code 62 (Parked with one or more wheels on or over a footpath or any part of a road other than a carriageway). He doesn't even remember parking on the road in question

The photo shows two and possibly three separate contraventions:
Parking on the footway;
Parking adjacent to a dropped footway;
Parking in a restricted street(the yellow line).


Re: Havering Council Notice to Owner received for contravention code 62
« Reply #20 on: »
While you're doing this and while the authority considers your reps, I suggest your father may use the time wisely for some introspection.

My father received a Notice to Owner out of the blue yesterday from Havering Council for Contravention code 62 (Parked with one or more wheels on or over a footpath or any part of a road other than a carriageway). He doesn't even remember parking on the road in question

The photo shows two and possibly three separate contraventions:
Parking on the footway;
Parking adjacent to a dropped footway;
Parking in a restricted street(the yellow line).

Thank you for the suggestion, however, there was only one alleged contravention taking place from your list, which was the first one as he has permission to park from the owner of the property for which the dropped footway has been provided. The yellow line is only in effect from 10.30am-11.30am so was not in force at the time of the alleged contravention so not too much introspection was required luckily! Common sense should prevail regarding not parking as to block the flow of traffic in the street, but ultimately revenue streams take priority over this.

Re: Havering Council Notice to Owner received for contravention code 62
« Reply #21 on: »
Ok so I sent a representation on the grounds that the Notice to owner was the first we knew of the alleged contravention and as the Notice to owner is a legal document, it is defective as the evidence box is blank. The council on its website also instructs you to visit the website to view evidence if the PCN was not attached to the vehicle. Upon going onto the website initially, there was no evidence showing, so again, the alleged contravention did not occur. Why should people have to continually visit their website in the hope that hey will eventually upload it!

Anyways, as expected, they have rejected the formal reps and also are not re-offering the discount so naturally, we are going to take it to adjudication.

Here are both pages of the rejection of representations:
[img width=640 height=904.0000610351562]https://i.ibb.co/6c4DyLTt/Havering-PCN-Rejection-P1.jpg[/img]
[img width=640 height=904.0000610351562]https://i.ibb.co/9HbrSN5f/Havering-PCN-Rejection-P2.jpg[/img]

@Hippocrates: I note that you said on another post today that you have had recent success regarding a flaw with the wording:
"I had success yesterday re the wording of the PCN which affects most, if not all, 34 authorities' PCNs."

Would this be relevant to this Havering PCN?
Redbridge PCN
« Last Edit: November 09, 2025, 01:28:24 pm by godders2025 »

Re: Havering Council Notice to Owner received for contravention code 62
« Reply #22 on: »
No. Your PCN was issued under different legislation with different regulatory requirements.

Anyway, register the appeal, I suggest grounds of contravention did not occur and procedural impropriety.

At this stage, there's no need to go into detail, simply register. Appeals are being scheduled for 2026, so no rush to finalise your appeal, the meat can be added later.

And as regards...

Thank you for the suggestion, however, there was only one alleged contravention taking place from your list, which was the first one as he has permission to park from the owner of the property for which the dropped footway has been provided..

Then, in the context of...

My father received a Notice to Owner out of the blue yesterday from Havering Council for Contravention code 62 (Parked with one or more wheels on or over a footpath or any part of a road other than a carriageway). He doesn't even remember parking on the road in question[/i]

..it must follow that he has a 24/7 continuous authority from the occupier to park there and knows when he does. 

But this is not germane to your appeal thankfully.

Re: Havering Council Notice to Owner received for contravention code 62
« Reply #23 on: »
No. Your PCN was issued under different legislation with different regulatory requirements.

Anyway, register the appeal, I suggest grounds of contravention did not occur and procedural impropriety.

At this stage, there's no need to go into detail, simply register. Appeals are being scheduled for 2026, so no rush to finalise your appeal, the meat can be added later.

And as regards...

Thank you for the suggestion, however, there was only one alleged contravention taking place from your list, which was the first one as he has permission to park from the owner of the property for which the dropped footway has been provided..

Then, in the context of...

My father received a Notice to Owner out of the blue yesterday from Havering Council for Contravention code 62 (Parked with one or more wheels on or over a footpath or any part of a road other than a carriageway). He doesn't even remember parking on the road in question[/i]

..it must follow that he has a 24/7 continuous authority from the occupier to park there and knows when he does. 

But this is not germane to your appeal thankfully.

OK, I have lodged an appeal through the London tribunals website on the grounds of contravention did not occur and procedural impropriety and they are due to get in touch with a hearing date within the next 7 days.

With regards to my original comment of "He doesn't even remember parking on the road in question", I failed to elaborate in as much detail as perhaps I should have, it should have read "He doesn't even remember parking on the road in question at this particular time" as he does indeed have 24/7 continuous authority from the occupier to park there. At the time the PCN was issued, his electronic parking brake had failed and therefore the car could not not be parked on the drive due to it being a steep slope and parking there and leaving the car in "park" would have put undue stress on the gearbox.

Re: Havering Council Notice to Owner received for contravention code 62
« Reply #24 on: »
I have received an adjudication date of 15th December and received the councils evidence pack, which contains 4 evidential picures, two traffic orders which mean nothing to me, as well as a letter asking the adjudicator to deny my appeal.
Before I upload my appeal draft based upon the Notice to owner being defective due to it not showing an evidential picture, which made us suspect it was a fake document, can anybody else suggest any other angle we can use in addition to this?

Re: Havering Council Notice to Owner received for contravention code 62
« Reply #25 on: »
I have received an adjudication date of 15th December  and received the councils evidence pack which contains( . . . ) as well as a letter asking the adjudicator to deny my appeal.
 . . . 

Please post up this letter. The experts here may well ask to see other docs before giving advice.

Re: Havering Council Notice to Owner received for contravention code 62
« Reply #26 on: »
Here is the Case summary letter that was in the plethora of paperwork.

Some of the paragraphs seem contradictory to me, such as "There is no requirements for any signs and the vehicle need not be causing an obstruction", yet in the following paragraph "Drivers are expected to comply with all signs and markings relating to traffic restrictions and directions".

« Last Edit: December 10, 2025, 10:49:22 am by godders2025 »

Re: Havering Council Notice to Owner received for contravention code 62
« Reply #27 on: »
For convenience:

« Last Edit: December 10, 2025, 11:58:48 am by John U.K. »

Re: Havering Council Notice to Owner received for contravention code 62
« Reply #28 on: »
For convenience:

[img width=450.0000305175781 height=640]https://i.ibb.co/6Rpyb8Sm/20251210-103658.jpg[/img]

Thanks for updating and making larger, I am struggling with the image uploading for some reason.

Re: Havering Council Notice to Owner received for contravention code 62
« Reply #29 on: »

Thanks for updating and making larger, I am struggling with the image uploading for some reason.

on ibb, sctoll down and under the image you will find among the selection of codes

Full image (linked)
HTML
BBCode

Hover over the link against BBCode and you will see a copy button at the r-h end. Click that to transfer to clipboard and paste in yr post.

(I think when you did your post, you selected the Thumbnail image rather than Full image.)
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