3. Islington Council: 12 Parked in residents bay without valid permit
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iispartan

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Islington Council: 12 Parked in residents bay without valid permit
« on: January 31, 2024, 02:24:47 pm »
Hi all

On behalf of a friend, who received a PCN on his road where he is a resident. He did have a resident permit but didn’t renew on time and has now been issued with a PCN. Is there any grounds to appeal this on the basis that he’s lived here over the last 5 years and has always had a resident permit but in this instance didn’t renew on time?

Link to PCN and council pictures here: https://imgur.com/a/47iXCob

Thanks
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H C Andersen

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Re: Islington Council: 12 Parked in residents bay without valid permit
« Reply #1 on: January 31, 2024, 02:39:36 pm »

'but in this instance didn’t renew on time?' can cover a multitude of alternatives e.g. 1 day late, 1 week late, 1 month.....?
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iispartan

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Re: Islington Council: 12 Parked in residents bay without valid permit
« Reply #2 on: January 31, 2024, 03:43:20 pm »
It was a matter of days, expired on 24th January
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Incandescent

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Re: Islington Council: 12 Parked in residents bay without valid permit
« Reply #3 on: January 31, 2024, 05:14:59 pm »
So now he needs to submit an informal representation explaining that he has been a permit holder for 5 years, but on forgot to renew his permit this year , and request that on this ocasion the PCN be cancelled on a goodwill basis.
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cp8759

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Re: Islington Council: 12 Parked in residents bay without valid permit
« Reply #4 on: February 01, 2024, 11:14:18 pm »
Post a draft on here first and we'll tidy it up for you.
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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 nor 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.

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

iispartan

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Re: Islington Council: 12 Parked in residents bay without valid permit
« Reply #5 on: February 02, 2024, 10:30:38 am »
Draft below:

Dear Islington Council,

I’m writing to appeal the PCN on the grounds that I am a resident permit holder and have been for the last 5 years. I apologise for not renewing on time, I was wrongly under the impression that it would renew automatically but that wasn’t the case. I can only apologise and can assure you that this doesn’t happen again. I plead that on this occasion you cancel this PCN as a token of good will.

I attach evidence that I have been a paying resident permit holder over the last years, as well as currently having a permit which I immediately purchased upon realising it did not renew.

Regards
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cp8759

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Re: Islington Council: 12 Parked in residents bay without valid permit
« Reply #6 on: February 03, 2024, 06:36:41 pm »
I think it's worth employing the tactic explained here, because I know from experience that Islington Council won't look at the evidence.

However only a failure to consider at the formal representations stage will work, so I suggest you take out "I attach evidence that I have been a paying resident permit holder over the last years, as well as currently having a permit which I immediately purchased upon realising it did not renew" and don't attach anything.

At the notice to owner stage, if you send me the supporting evidence I can set up a couple of links with a click counter. This approach is quite novel but so far it has always worked, see these cases:

Simandeep Johal v London Borough of Lewisham (2230428653, 04 November 2023)
Long Ting Lo v London Borough of Brent (2230490555, 18 December 2023)
Norbert Adam v London Borough of Sutton (2230516863, 06 January 2024)
« Last Edit: February 04, 2024, 01:26:04 am by cp8759 »
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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 nor 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.

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

Hippocrates

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Re: Islington Council: 12 Parked in residents bay without valid permit
« Reply #7 on: February 03, 2024, 07:49:02 pm »
cp8759 is also a "wicked" wizard!  That first case was a bit of a mouthful though.
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There are known knowns which, had we known, we would never have wished to know. It is known that this also applies to the known unknowns. However, when one attends a hearing, Mr Rumsfeld's idea that there are also unknown unknowns fails to apply because, anyone who is in the know, knows that unknown unknowns are purely a deception otherwise known as an aleatory experience or also known as a lottery. I know that I know this to be a fact and, in this knowledge, I know that I am fully prepared to present my case but, paradoxically, in full knowledge that the unknown unknowns may well apply in view of some adjudicators' lack of knowing what they ought to know through no fault of their own.

"Hippocrates"

ἔοικα γοῦν τούτου γε σμικρῷ τινι αὐτῷ τούτῳ σοφώτερος εἶναι, ὅτι ἃ μὴ οἶδα οὐδὲ οἴομαι εἰ

iispartan

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Re: Islington Council: 12 Parked in residents bay without valid permit
« Reply #8 on: February 04, 2024, 05:32:40 pm »
Okay thanks for this. So is the draft good to go I’ll just delete the “see attached evidence bit” ?
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cp8759

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Re: Islington Council: 12 Parked in residents bay without valid permit
« Reply #9 on: February 04, 2024, 07:39:44 pm »
Quote from: iispartan on February 04, 2024, 05:32:40 pm
Okay thanks for this. So is the draft good to go I’ll just delete the “see attached evidence bit” ?
Yes.
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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 nor 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.

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

iispartan

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Re: Islington Council: 12 Parked in residents bay without valid permit
« Reply #10 on: February 12, 2024, 06:51:54 pm »
Challenge rejected by Islington:

Response here https://imgur.com/a/JZlUWbo
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iispartan

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Re: Islington Council: 12 Parked in residents bay without valid permit
« Reply #11 on: February 14, 2024, 09:06:32 am »
Is it worth pursuing this further or is this a gamble?
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Hippocrates

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Re: Islington Council: 12 Parked in residents bay without valid permit
« Reply #12 on: February 14, 2024, 10:08:30 am »
I would PM cp8759.
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There are known knowns which, had we known, we would never have wished to know. It is known that this also applies to the known unknowns. However, when one attends a hearing, Mr Rumsfeld's idea that there are also unknown unknowns fails to apply because, anyone who is in the know, knows that unknown unknowns are purely a deception otherwise known as an aleatory experience or also known as a lottery. I know that I know this to be a fact and, in this knowledge, I know that I am fully prepared to present my case but, paradoxically, in full knowledge that the unknown unknowns may well apply in view of some adjudicators' lack of knowing what they ought to know through no fault of their own.

"Hippocrates"

ἔοικα γοῦν τούτου γε σμικρῷ τινι αὐτῷ τούτῳ σοφώτερος εἶναι, ὅτι ἃ μὴ οἶδα οὐδὲ οἴομαι εἰ

cp8759

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Re: Islington Council: 12 Parked in residents bay without valid permit
« Reply #13 on: February 15, 2024, 09:44:14 pm »
@iispartan there's no point in paying now, if you want for the notice to owner and challenge in within 14 days they almost invariably reoffer the discount. Therefore you might as well give them another chance to mess things up.
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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 nor 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.

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