3. LBBD, code 12 parked in resident's bay, Halbutt Street RM9 5AH
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LBBD, code 12 parked in resident's bay, Halbutt Street RM9 5AH
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I received a PCN for parking in a resident's/shared bay without a valid permit.

I parked in a parking space on the road I live but much further along from where I live. My permit did expire and it's my fault though I did not receive any reminders. Additionally, my permit expired 2 weeks before this PCN. In that time I have been parking outside my house on the same road as normal without any PCNs being given, I suppose it does not matter in the sense that I would have gotten a PCN one way or another, I just didn't realise and surprised I didn't get one sooner.

I have lost the original PCN unfortunately - I did make an initial appeal stating the above but it was rejected. The rejection itself is confusing though - it asks for more evidence but at the same time doesn't explicitly mention my challenges.



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Re: LBBD, code 12 parked in resident's bay, Halbutt Street RM9 5AH
« Reply #1 on: »
Sorry, but without the PCN, and sight of your representations, it is very difficult to give considered advice. However, you admit you let your permit run out and didn't renew it, so if it were me, I think I'd pay the discount. From this point on, you'd be risking the full penalty.  Without sight of the PCN we can't assess it for fatal errors that can win on their own.
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Re: LBBD, code 12 parked in resident's bay, Halbutt Street RM9 5AH
« Reply #2 on: »
I was able to locate the original PCN but I can't retrieve the reps I made.

The permit is under my wife's account. Looks like she did receive a renewal reminder but she missed it.

She's has whole brain radiotherapy so has some memory loss and it affects her in many areas of life including this. I put this in the reps and it looks like they may consider with more evidence but not sure where to submit more unless they mean in a new challenge.



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Re: LBBD, code 12 parked in resident's bay, Halbutt Street RM9 5AH
« Reply #3 on: »
@george74 here are:

The London Borough of Barking and Dagenham (Charged-For Parking Places) Consolidation Order 2016
Map tile W14
GSV: https://maps.app.goo.gl/YXNut6PUeq9idbXj9

It's not true that you'd necessarily be risking the full penalty if you carry on: as long as you challenge the notice to owner within 14 days, the discount is almost invariably reoffered.

That being said you have some extremely compelling mitigation, so I would suggest you put together some medical evidence (diagnosis paperwork, appointment letters etc). Don't post private medical information on here, but please give us a list of what you can put together.

When you have the notice to owner I will draft a formal representation 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 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: LBBD, code 12 parked in resident's bay, Halbutt Street RM9 5AH
« Reply #4 on: »
I can gather

  • diagnosis letters
  • treatment
  • appointment letters (monthly)
  • Could get a letter from the nurse explaning radiotherapy side effects if needed
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Re: LBBD, code 12 parked in resident's bay, Halbutt Street RM9 5AH
« Reply #5 on: »
That sounds about right.
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IF YOU RECEIVE A MOVING TRAFFIC PCN PLEASE READ THIS BEFORE MAKING A REPRESENTATION:

https://www.ftla.uk/the-flame-pit/moving-traffic-pcns-missing-mandatory-information-the-london-local-authorities-a/msg102639/#msg102639


How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

I am not omniscient. cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

My e mail address for councils:

J.BOND007@H.M.S.S.c/oVAUXHALLBRIDGE/LICENSEDTOEXPOSE.SCAMS.CO.UK

Last mission accomplished:

https://www.ftla.uk/the-flame-pit/southwark-to-r
Re: LBBD, code 12 parked in resident's bay, Halbutt Street RM9 5AH
« Reply #6 on: »
I have the NTO



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Re: LBBD, code 12 parked in resident's bay, Halbutt Street RM9 5AH
« Reply #7 on: »
Quote from: george74 on April 01, 2024, 03:56:48 pm
I can gather

  • diagnosis letters
  • treatment
  • appointment letters (monthly)
  • Could get a letter from the nurse explaning radiotherapy side effects if needed
We have a bit of time to prepare the representations, I think a letter from the nurse would be compelling so it's worth getting. How quickly do you think you could get that?
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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: LBBD, code 12 parked in resident's bay, Halbutt Street RM9 5AH
« Reply #8 on: »
Sorry for the delay.

Unfortunately the nurse said I'd have to ask the oncologist instead. The nurse can write some things but not this.

Appointment with oncologist is in a couple weeks. We still have diagnosis letters, appointment letters etc.
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Re: LBBD, code 12 parked in resident's bay, Halbutt Street RM9 5AH
« Reply #9 on: »
@george74 here you go:

Dear London Borough of Barking and Dagenham,

I ask that this penalty charge notice be cancelled for the following reasons.

The parking permit expired two weeks prior to the PCN being issued, my permit expired 2 weeks before this PCN. The permit is held under my wife's account, having checked I can now she that she did receive a renewal reminder but did not act upon it.

I should explain that sadly my wife is suffering from brain cancer, she is currently undergoing whole brain radiotherapy which causes many side effects including memory loss, I believe this has contributed to the permit renewal not being actioned.

In your previous letter you requested supporting evidence, I therefore attach her diagnosis letters, treatment letters and appointment letters. I have asked the nurse if we could be provided with a letter confirming that the side-effects of the treatment include memory loss but apparently only the oncologist can provide this, we have an appointment to see the oncologist in a couple of weeks and will ask for such a letter at the time and we will promptly forward it to you.

We would ask that you keep the case on hold until we have obtained the letter from the oncologist.

Yours faithfully,

Send this online and make sure to keep a screenshot of the confirmation page. If the text doesn't fit, put the text of the representation in a PDF file (do not cut bits of the text out).

If there's a limit on the number of attachments, use https://www.ilovepdf.com/merge_pdf to stitch all the supporting letters together into a single file.
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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: LBBD, code 12 parked in resident's bay, Halbutt Street RM9 5AH
« Reply #10 on: »
Thank you CP for providing the challenge above.

I tried to hold out for the letter but there have been delays - I have submitted the challenge above now without the letter (added diagnosis, appointment, and treatment letters).

Will update when I hear back.
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Re: LBBD, code 12 parked in resident's bay, Halbutt Street RM9 5AH
« Reply #11 on: »
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Re: LBBD, code 12 parked in resident's bay, Halbutt Street RM9 5AH
« Reply #12 on: »
How can I challenge this? To me, it seems they have not actually addressed my challenges
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Re: LBBD, code 12 parked in resident's bay, Halbutt Street RM9 5AH
« Reply #13 on: »
Bump
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Re: LBBD, code 12 parked in resident's bay, Halbutt Street RM9 5AH
« Reply #14 on: »
The NoR whilst not specifically addressing your points in mitigation does do enough to comply with the Halton Council vs the road user charging adjudicator ruling that the adjudicator is bound to follow

Any continuation with this would be trusting to the council cocking up which the often do 
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  3. LBBD, code 12 parked in resident's bay, Halbutt Street RM9 5AH