Author Topic: Hounslow Borough PCN, 85 no valid ticket, Boston Manor park  (Read 349 times)

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dj.esco

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Re: Hounslow Borough PCN, 85 no valid ticket, Boston Manor park
« Reply #15 on: March 05, 2024, 07:01:20 pm »
Hi all, so finally the Notice to owner has turned up in the post for the above discussed ticket from Nov 2023. Any advice on the next steps would be much appreciated.

Incandescent

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Re: Hounslow Borough PCN, 85 no valid ticket, Boston Manor park
« Reply #16 on: March 05, 2024, 10:55:43 pm »
Three months to issue the Notice to Owner is pushing it a bit but is probably not a winner at adjudication, although needs mentioning if you get that far. The legal limit is 6 months.
Basically, at Notice to Owner stage, the discount is lost, although they may re-offer it if they refuse your reps, but if they don't, it is a no-brainer to take them all the way to adjudication, because the penalty remains the same, and there are no additional costs.

As our esteemed administrator is on your case, I'll defer to him for your next actions

dj.esco

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Re: Hounslow Borough PCN, 85 no valid ticket, Boston Manor park
« Reply #17 on: March 19, 2024, 09:40:35 pm »
Hi there, just adding the redacted copy of the NtO that has been sent to me, appreciate any help with this.

https://imgur.com/a/MGrGIEf

cp8759

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Re: Hounslow Borough PCN, 85 no valid ticket, Boston Manor park
« Reply #18 on: March 24, 2024, 07:20:29 pm »
@dj.esco here you go:

Dear London Borough of Hounslow,

I parked my vehicle in accordance with the terms and conditions I was notified of by the tariff board located within the car park. The tariff board makes no mention of any permit-related contraventions, the only circumstances where a penalty charge may be served in this car park are where a motorist fails to display a valid parking ticket or disabled badge, fails to park wholly within a bay, or uses a parking ticket that has already been used by some other person in some other vehicle.

As I did none of these things, the contravention did not occur. If the council wishes to introduce permit restrictions in this car park, the tariff board needs to be updated so that motorists will be alerted to the need to check that they are not parking in a permit space.

Yours faithfully

Send this via the council website and don't forget to keep a screenshot of the confirmation page.
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law. Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament. I am a Conservative councillor, this means some people think I am "scum". 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 nor a barrister.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

dj.esco

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Re: Hounslow Borough PCN, 85 no valid ticket, Boston Manor park
« Reply #19 on: March 24, 2024, 08:12:58 pm »
Hi cp8759,
Thanks for the above, I will get the appeal in via the online portal as suggested. Is it advisable to submit my photo evidence of the tariff board at this point also?


cp8759

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Re: Hounslow Borough PCN, 85 no valid ticket, Boston Manor park
« Reply #20 on: March 31, 2024, 08:16:52 pm »
Hi cp8759,
Thanks for the above, I will get the appeal in via the online portal as suggested. Is it advisable to submit my photo evidence of the tariff board at this point also?
@dj.esco I wouldn't submit an photos: it's up to them to establish the signage is adequate, it's not up to you to show that it isn't. I've also seen more than one case where the best photos of the signage are those provided by an appellant: if the council doesn't submit any photos at all you have an almost guaranteed win, so I'd never supply any photos with the representations.

Please keep a screenshot of the confirmation page.
« Last Edit: March 31, 2024, 11:59:29 pm by cp8759 »
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law. Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament. I am a Conservative councillor, this means some people think I am "scum". 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 nor a barrister.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

dj.esco

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Re: Hounslow Borough PCN, 85 no valid ticket, Boston Manor park
« Reply #21 on: May 12, 2024, 01:19:30 pm »
Hi all,
As an update, Hounslow council have replied and stated that they do not accept my appeal and will go ahead with enforcing the fine or court should I appeal.
Below is the link for the redacted letter received from them:
https://imgur.com/a/10eib73

Any advice and guidance on the next steps would be greatly appreciated. I intend to fight this as I do not see that their reasoning is valid or just. I have 28 days from the 11th May to respond.


cp8759

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Re: Hounslow Borough PCN, 85 no valid ticket, Boston Manor park
« Reply #22 on: May 16, 2024, 12:05:07 am »
Well it's a no-brainer to appeal as they've not reoffered the discount, so you have nothing to lose.

I'm going to drop you a PM with an offer of representation.
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law. Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament. I am a Conservative councillor, this means some people think I am "scum". 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 nor a barrister.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order