3. Islington PCN - Zone N - Contravention 01
« previous next »
Pages: [1] 2

Author Topic: Islington PCN - Zone N - Contravention 01  (Read 2439 times)

0 Members and 129 Guests are viewing this topic.

Islington PCN - Zone N - Contravention 01
« on: »
Thank you all for your help in advance, I know this is a bit long, so I hope you will bear with me, I've tried my best to make it as succinct as possible. Images are towards the end of the post, including the latest rejection letter.

On a Sunday, I parked on a single yellow line without realising it was a match day. When I returned from the shops, the CEO was taking pictures. It was too late for him to cancel the PCN, apparently, but he did say he wrote notes on the PCN to say I was loading.

The contravention occurred in March and is currently on hold until July 18th, with a fine of £65. I have made multiple appeals, which I will outline below, and I have attached the latest reply from June 30th, which extended the PCN hold until July 18th.

With your help, I am attempting one final time to get this PCN cancelled or determine if I should take it to a tribunal or simply pay while I still have the chance at the discounted rate.

Here are some important points to note:

1. The process for appealing Islington PCNs has changed. Previously, appeals were made via a specific email shown on the back of the PCN. Now, appeals must be submitted through the Islington website using a webform. However, this change is not clearly communicated on the PCN, which still shows the old method. Initially, I sent my appeal via email and received no reply until I discovered the new process and submitted my appeal online on April 9th, within the time limit.

2. The vehicle is registered in my wife's name, but I was the driver. I submitted the appeal under my name, and initial correspondence was addressed to me. However, it suddenly switched to addressing my wife instead of me. I'm unsure how they obtained her name since it was not at the NTO stage.

Please refer to the timeline below for a summary of events:

- March 19, 2023: PCN issued

- April 9, 2023: PCN appealed

- April 27, 2023: Received a reply requesting evidence by May 11, 2023

- May 12, 2023: Submitted evidence, delayed due to the Islington PCN submission page being down. Provided a screenshot as proof. Fine increased to £130.

- May 25, 2023: Appeal rejected, PCN still at £130. Correspondence addressed to my wife, despite using only my name in the appeal.

- May 26, 2023: Submitted a second appeal, explaining the unfair increase to £130 and the lack of response to my previous concerns.

- June 9, 2023: Second appeal rejected, addressed to me. Previous appeal points ignored, with a simple statement of "we've rejected this appeal before."

- June 10, 2023: Submitted a third appeal, requesting photos of the gateway signs for match day.

- June 30, 2023: Appeal rejected for the third time, providing additional information and responses to my previous points. Included extra photos of the match day sign, but not from the same day, with no indication of which one it was.

Images:

These are the council photos of my vehicle.






Map of where I entered from, arrow shows my direction of travel from Brewery road, right onto Caledonian Road.


Pictures of the gateway signs on Brewery Road

---

---

---

---


Pictures of PCN

Front

Back


Latest reply 30th June
Page 1/2

Page 2/2
« Last Edit: July 06, 2023, 05:32:30 pm by ReflectoR »
Logged

Share on Bluesky Share on Facebook

Re: Islington PCN - Zone N - Contravention 01
« Reply #1 on: »
Please post *all* the correspondence you've sent to the council (including any evidence you supplied) and *all* their responses.

Apparently you're claiming the loading exemption but we can't really say much without getting into the details of what was being loaded, where from / to, how long it took etc, so having a look at your representations and their responses in full is the best place to start.

Also you've not made any appeals, you're only made representations. It only becomes an appeal at the tribunal stage.
Logged
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: Islington PCN - Zone N - Contravention 01
« Reply #2 on: »
Sorry for the delayed response, I wasn't sure how to present the responses. I've just made the PDFs into JPGs. My representations are in green, just copied and pasted.

Representations made on 9/04/23
Dear Sir/Madam,

I am writing to appeal Penalty Charge Notice (PCN) XXXXXX, VRN XXXXXXX. That I received on 19/03/2023 for the contravention of parking on a single yellow line on Caledonian Road.

I would like to explain the circumstances surrounding the incident and request that the PCN be cancelled. On the day in question, I parked my vehicle on a single yellow line on Caledonian Road in order to quickly load a bag of onions from U.See.In. Continental, located at 419-421 Caledonian Rd, London N7 9BQ. Although I was unaware that this area was restricted at the time, to begin with, as it was a Sunday, I believe that the circumstances surrounding my parking were exceptional.

Furthermore, the warden who issued the PCN acknowledged that I was loading or unloading goods at the time by placing notes on the system. He stated you will be able to check this on the system. I feel as if it was unfair to not give any grace period or loading/unloading time on a single yellow.

I would like to request that you cancel the PCN and provide me with a confirmation of cancellation. I appreciate your understanding and look forward to your prompt response. Thank you for your attention to this matter.

Sincerely, [my name].

Council's Response 27/04/23


My Response 12/05/23

Hi, this is the evidence requested. The link provided does not work and keeps showing error. As shown in the screenshot I've attached a screenshot. I've also uploaded proof of a transaction at the shop mentioned. As I never asked for receipt as you normally don't at these smaller shops. I am sure you will appreciate due to the way card transaction sometimes work the payment shows as the next day.

The evidence I attached:



Council's Response 25/05/23


Representations Made again 26/05/23

Dear Islington,

I have provided evidence of my story, and I also urge you to check the notes on the PCN which should have been put on there by the CEO.

Furthermore, I would like to add, there were no signs or indications in place to say there were restrictions in place. To the contrary, the signs indicate you can park on a Sunday with no issues. It is not reasonable to assume someone would have access to the Internet to check whether there is a match going on, and it is not reasonable to assume someone even understands enough about football to find what they're looking for.

Please could you provide images showing there were restrictions taking place on that day?

Furthermore, you updated your appeals process but failed to mention this on the back of the PCN, where it lists the old way still. I had to find this out myself, after appealing the old way and not getting any response. Not even an automated response to say that there is a new way to appeal.

I cannot understand why the PCN has risen to £130 while I gave my response? I have attached a screenshot of the site not working as expected for me to have responded sooner. It should have stayed on hold, even when I was submitting my response I could see it was still on £65.

Council's Response 9/06/23


My Reply 10/06/23
Thank you for your response, However you have not answered why the fine is at £130 as opposed to the reduced amount, as I had appealed it in time. And was delayed in submitting thr evidence due to your site not working. Evidence for which was already submitted. Furthermore, you have not checked the notes from the CEO who has issued the PCN. Thirdly you did not address the issue that the PCN does not show the correct way to appeal. Regards,

Council's Response 30/06/23 (latest)
« Last Edit: September 19, 2023, 05:39:53 pm by cp8759 »
Logged
Re: Islington PCN - Zone N - Contravention 01
« Reply #3 on: »
Well the good news is that the discount will be re-offered at the Notice to Owner stage provided that your formal representations are received by the council within 14 days of the date of issue, so there's little risk in carrying on as long as you have the V5C and the address is up to date.

How many onions are we talking about, and were they pre-ordered or did you pick them at the time?

Also, please give us the PCN number and number plate.
« Last Edit: July 12, 2023, 10:31:27 pm by cp8759 »
Logged
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: Islington PCN - Zone N - Contravention 01
« Reply #4 on: »
They were just a bag of onions, like those orange net bags with like say maybe 2 kilos worth of onions (weight may be off).

Could I not write one final representation to them? Get them to cancel it, and prevent it from going to tribunal stage?

I wanted to include the poor signage into the equation (if it is actually poor).

LK556CSZ - IZ25396929

Kind regards
Logged
Re: Islington PCN - Zone N - Contravention 01
« Reply #5 on: »
Had you ordered them in advance, or did you choose them at the time?

You can make another representation but you have to wait for the Notice to Owner first, as their last letter tells you.
Logged
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: Islington PCN - Zone N - Contravention 01
« Reply #6 on: »
I didn't order them, I just parked up, went to the shop, bought some stuff, including a bag of onions.
Logged
Re: Islington PCN - Zone N - Contravention 01
« Reply #7 on: »
Quote from: ReflectoR on July 15, 2023, 01:34:55 pm
I didn't order them, I just parked up, went to the shop, bought some stuff, including a bag of onions.
Going shopping isn't loading, so that argument's gone.
Logged
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: Islington PCN - Zone N - Contravention 01
« Reply #8 on: »
Quote from: cp8759 on July 16, 2023, 09:48:54 pm
Quote from: ReflectoR on July 15, 2023, 01:34:55 pm
I didn't order them, I just parked up, went to the shop, bought some stuff, including a bag of onions.
Going shopping isn't loading, so that argument's gone.

 ;D

This made me laugh. You're right.

So does this mean I should pay whilst it is still at the discounted rate?
Logged
Re: Islington PCN - Zone N - Contravention 01
« Reply #9 on: »
No, as long as you challenge the Notice to Owner within 14 days of issue, they will reinstate the discount against, so you might as well have another go. In the meantime I will see if they have relevant photos of the gateway signs on Brewery Road.
Logged
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: Islington PCN - Zone N - Contravention 01
« Reply #10 on: »
Thank you.
Logged
Re: Islington PCN - Zone N - Contravention 01
« Reply #11 on: »
Photo from the council:



You could argue that the sign has more information that you can reasonably take in, but unless the council makes a procedural error it would be a gamble to risk the full amount at the tribunal based just on that.
Logged
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
Finally got the NTO. Undecided what to do
« Reply #12 on: »
So I finally got the NTO, just shy of 6 months by like 4 days or something.

I am wondering if I should take it to tribunal or not.

I have included a picture of it. What do you think? Should I? If I call the council usually theres a chance to still pay the reduced fine over the phone.

In one of the council's previous responses they said:
"It would obviously be impractical to change every sign for all locations affected by events."

I wonder if this gives me any ammunition?

« Last Edit: September 18, 2023, 02:59:38 pm by ReflectoR »
Logged
Re: Islington PCN - Zone N - Contravention 01
« Reply #13 on: »
Draft representations:

Dear London Borough of Islington,

I refer your to my informal representation in the first instance, which I require you to consider afresh.

Further to this, I refer you to the statutory guidance issued by the Secretary of State for Transport under section 87 of the Traffic Management Act 2004, that guidance states that:

The NtO may be issued 28 days after serving the penalty charge, and we expect authorities to send them within 56 days. The ultimate time limit, in exceptional circumstances, is 6 months from the ‘relevant date’. There should be a very good reason for waiting that long to serve an NtO.

In this case the regulations provide that a notice to owner may not be served after the expiry of the period of 6 months beginning with the date on which the relevant penalty charge notice was served, which was 19 March 2023. As the Notice to Owner was served on 18 September 2023, one day before the end of the legal time limit, it is apparent that it has been served at the very end of the six month period.

It is now for the council to explain what exceptional circumstances justify such extreme tardiness, or else why the authority has departed from the statutory guidance. Of course the statutory guidance is not binding, and the authority may depart from it, but the authority would need to explain why it has chosen to do so.

If the authority cannot articulate any exceptional circumstances to justify such late service of the notice to owner, or any other reasons which explain why it has departed from the statutory guidance, it can be inferred that the authority simply failed to have regard to the guidance.

Failure to have regard to the guidance is a procedural impropriety contrary to section 87(2) of the Traffic Management Act 2004, on the basis of which the penalty charge notice would have to be cancelled.

Yours faithfully,

Put this all in a PDF and upload it to the council as an attachment, in order to preserve indentation and italics formatting. Keep a screenshot of the confirmation screen.
Logged
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
Like Like x 1 View List
Re: Islington PCN - Zone N - Contravention 01
« Reply #14 on: »
In particular, the 2022 Statutory Guidance on Parking contains this, (in the Introduction) : -
Quote
Local authorities will be expected to explain any decision not to implement the terms of the guidance, and adjudicators may consider it to be a procedural impropriety, sufficient to allow an appeal if no sufficient explanation is provided.
Logged
Like Like x 1 Agree Agree x 1 View List
Pages: [1] 2
« previous next »
  3. Islington PCN - Zone N - Contravention 01