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Hi all,

this be draft representation I'm looking to send. I tried to capture most of the arguments proffered above...excessive or too little?  let me know your mind


Dear Luton Borough Council,                                                                                     Parking Services,                                                                                                            Town Hall, Luton
LU1 2BQ

Dear Sir,
PCN Number:  LU06800240
I refer to the NTO in respect of the above PCN, see copy enclosed. I hereby make representation on the grounds of procedural impropriety on behalf of the authority.
[1]As you will see, the notice gives a 'Notice to Owner Date' of 11 October 2023 and a 'Date of Posting' of 9 October. This is a procedural impropriety because the date of the notice is clearly not the date it was posted. The NTO is further rendered improper because the recipient is unable to assess which date, if either, is the date of posting which therefore renders all subsequent references to payment and appeals meaningless because they can only be calculated by reference to the date of service which itself is predicated on the date of posting.
The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022 Notice to owner                                                                                                                 20.—(1) Where—                                                                                                             (a)a penalty charge notice has been given with respect to a vehicle under regulation 9, and
(3) A notice to owner must, in addition to the matters required to be included in it under regulation 3(2) of the 2022 Appeals Regulations, state—
(a)the date of the notice, which must be the date on which the notice is posted,

[2] the notice's statement that the penalty will be increased (as opposed to 'may' which is prescribed under the regulations) is a further impropriety. [cf Regulation 2022 section 20 (3) (g)]                                                                         
(g)that if, after the payment period has expired, no representations have been made under regulation 5 of the 2022 Appeals Regulations and the penalty charge has not been paid, the enforcement authority may increase the penalty charge by the applicable surcharge,

[3] signage was inadequate as there was no sign within the required distance of start of the prohibition [Traffic Signs Manual 3:13.4.15.  A sign should normally be erected within 15 m of the start and end of the prohibition]

[4] I believe that council has acted improperly and in breach of regulations for the above reasons; and request that this PCN be cancelled

Yours faithfully,

Hi,

I went on Luton website to submit appeal but the grounds of representation are not exactly the same as in the NTO. The option of
 - There has been a procedural impropriety on behalf of the authority
    [which is the premise of appeal is missing]

The closest 2 options amongst others I think are the two below but these do not quite mean the same as impropriety on behalf of authority.
I wonder if best to go with None of the above
see attached screenshot

Others
 I didn't see any signs or lines

 The signs / markings were unclear

None of the above
If none of the above reasons apply, and you wish to challenge your PCN, please select below:

Select a reason:
 Any other reason 

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Agree. Will do.

Hi all,

AN UPDATE on representation

Luton Borough council replied to the representation with a NOTICE OF REJECTION which I have attached below. I received this in post on Saturday 16th Dec 2023.

The main reason for rejection is relating to the signage; they appear to take a different view of the regulation that " sign should normally be erected within 15m of the start and end of the prohibition"
They argue that  "this refers to the beginning and the end of the restriction, not during the restriction".  see pages 2-3 of notice of rejection attached.

Finally, they reinstituted the discounted charge of £35 which must be paid before 28/12/2023.

Thanks for your thoughts. And best compliments of the season


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IMO, it's as near a slam dunk as one can get.

'Notice to Owner Date' is given.
'Date of Posting' is given.

The NTO is only required to carry the 'a)the date of the notice, which must be the date on which the notice is posted,'

It's not for the authority to subsequently try and define the meaning of their terms in a NOR. Too late. Had they complied with the regs then no further explanation would have been required.

OP, register an appeal - 'procedural impropriety'.

By leading with signs in your reps this opened the flood gates to them waffling on, an opportunity which they embraced with both hands. I recommend you do not do this in your appeal. Lead with your strongest point - because this evidence is objective - and add signs if you must do.

If the authority have any sense they will not contest. But I have a feeling that they actually believe in their position and so would have to be disabused of this by an adjudicator. My feelings here are supported by the way in which dates have been dealt with in the NOR:
Top of page 1 - a date (18 Dec.) without a reference;
Details of PCN/Notice to Owner - Date of Notice 18 Dec.
Section 3 - references payment and appeals periods to 28 days beginning on date of service of 'Notice of Rejection'. So when is this, 2 working days after 18th or after 14th.

This is not a b****y guessing game.

But as it's clear that their processes are geared to ignoring the regs and instead using Luton-defined terms and dates they'll probably contest at adjudication.

IMO, they should not stand a hope in hell.

Wait for others.

Do be aware that if you take them to adjudication, the full PCN penalty will be in play. My opinion is that you will lose, but HCA thinks it is a slam-dunk win. Hard to choose, isn't it !  You could look at what the Earl of Montrose said in such circumstances: -

"He either fears his fate too much
Or his deserts are small
Who fears to put it to the touch
To win, or lose it all"

Sorry to say, the Earl lost and was hanged, drawn, and quartered,  in Edinburgh on 21st May 1650.
This fate does not await you, however !

As someone local who uses that road for parking (main hospital and a treatment centre within walking distance!) could someone comment on the signage please?

The road is a cul-de-sac and the SYL is continuous all the way round.  There is a sign on the right immediately on entering, one on each side 'halfway' up, and another at the turning circle at the top end. Does this constitute a continuous length of SYL or are signs required on both left and right sides? Afaik (and GSV back to 2009 confirms) there has never been a sign on the left at the start of the line.

Hi,

I have been back on that road and confirm that there are no signs at the start of the street on either side. And judging by Luton council LOR their interpretation of the regulation is that it is not required.
I thought that the part of the regulation that requires sign within 15m of the start and end of the prohibition is related to position of the sign.

But the council seem to take the view that this refers to the beginning and end of the restriction, not during the restriction. Suggesting that requirement is prohibition time ie 9 - 11 specific only. [cf pg 2 of LOR]. Or am I mis-interpreting that section? Any contrary views?

Anyhow permit me to wish you all a Merry Christmas.