3. Luton PCN: contravention code 01 parked in restricted street during prescribed hours
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Luton PCN: contravention code 01 parked in restricted street during prescribed hours
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Hello,

on 3rd July this year I got PCN for parking in a restricted street during prescribed hours. On the council website showing the car parked on the said street there was also what would appear to be the signage indicating the prohibited hours of 09:00-11:00 hours.
However, in reality there was no sign when I packed and certainly none when I arrived to find the PCN. So I took pictures of the street from different directions with PCN still in place under the windscreen wiper blade. I then made representation on the council website uploading pictures that clearly show that there was no signage at the time of alleged contravention. I couldn't tell you where the civil enforcement officer obtained the signage posted on the website; it was not from that location. I got acknowledgement by way of email.

I didn't receive any further correspondence from Luton until some days ago when I got Notice to the owner by post, saying that the penalty charge has not been paid. And the amount due is £70 (I challenged the PCN within the discount period of 14 days). it appears to me that council failed to consider my representation (online) and accompanying evidence. And have simple ratcheted up their right to enforce.
How should go about challenging this now? See attached documents

Thanking you for your kind assistance

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Re: Luton PCN: contravention code 01 parked in restricted street during prescribed hours
« Reply #1 on: »

Hi,

I have attached rest of documents from Luton council including the email reply I got for initial representation.
In the email I note disparity in the meaning of code 01 (is it no waiting or restricted parking), and I wonder if that is another issue I can highlight in challenging this.

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Re: Luton PCN: contravention code 01 parked in restricted street during prescribed hours
« Reply #2 on: »

And more pictures that show no signage, all of which I included in my rep to council

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Re: Luton PCN: contravention code 01 parked in restricted street during prescribed hours
« Reply #3 on: »
Well, here's a sign on Belper Road (GSV March 2019).
https://maps.app.goo.gl/NSJqBHnqN5tsoEbU6
and here's another
https://maps.app.goo.gl/ur59onFVQHqJTypw6
and another
https://maps.app.goo.gl/cWoV5kSnyeVLUxAD6
and yet another
https://maps.app.goo.gl/gx944q8WRVqpdmLW9
Sorry, but I don't think your argument of lack of signage will wash on this fairly short street, but see what the others say. Of course these signs may no longer be there, as latest GSV is 2019

Note
You've called all your documents a PCN, but you have received the Notice to Owner, so must either pay or submit representations. At this stage the discounted amount is lost, so unless they re-offer it when rejecting your representations, it will be a no-brainer to take them to the Traffic Penalty Tribunal. If you're going for lack of signage, you're going to have to do some leg work to prove lack of signs, as GSV view is of 4 years ago
« Last Edit: October 29, 2023, 06:43:22 pm by cp8759 »
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Re: Luton PCN: contravention code 01 parked in restricted street during prescribed hours
« Reply #4 on: »
I think you have an argument to make around the signage. Looking at this council photo:



it is clear you were parked here https://maps.app.goo.gl/jyoVSdfFpDPeTaXT6 opposite the garage with the white doors:

The CEO took a photo of this sign:



I'm not sure if it's the same sign but the nearest one I would find is here: https://maps.app.goo.gl/54ib63LHbBYQabk88

Assuming that's the nearest sign, it would be over 45 yards from your car:



Incandescent has identified some other signs, but signs that are either on the other side of the road or completely out of sight don't count. The Traffic Signs Manual at chapter 3 says:

13.4.15.  A sign should normally be erected within 15 m of the start and end of the prohibition

15 metres is 16.4 yards, and in this case the only sign on that side of the road is over 80 yards from the start of the prohibition (which starts at the junction with Dunstable Road.

However before going all-in on this argument, are you able to go back and check if the signage situation has changed at all since the google car last went round? We don't need any photos, we just need you to tell us if the signs visible on google street view in 2019 are still the only signs there.

I've also requested the traffic regulation order for this location.
« Last Edit: October 29, 2023, 07:25:54 pm 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 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: Luton PCN: contravention code 01 parked in restricted street during prescribed hours
« Reply #5 on: »
Hi all,

thank you for taking time to look at this. I really appreciate.

I will check and confirm the signage and let you know
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Re: Luton PCN: contravention code 01 parked in restricted street during prescribed hours
« Reply #6 on: »
I'm not sure if it's the same sign but the nearest one I would find is here: https://maps.app.goo.gl/54ib63LHbBYQabk88

Assuming that's the nearest sign, it would be over 45 yards from your car


Hi,

I can confirm that this is the nearest sign even as of now
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Re: Luton PCN: contravention code 01 parked in restricted street during prescribed hours
« Reply #7 on: »
It is certainly a valid argument though ultimately will depend on an adjudicator.
Should also be noted that there is almost a 4 minute difference between the sign photo and the contravention photos, indicative of some distance between locations.
To be fair the timing does coincide with observation times.

Council will argue that the motorist has a duty to check restriction signs when parking.
The opposite also applies that councils have a duty to clearly sign restrictions.
While it is clear from the SYL that a restriction may apply but the nearest sign being 45 yards away and more like 60 yards from the point of entry to the road, this can hardly be said to clearly sign
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Re: Luton PCN: contravention code 01 parked in restricted street during prescribed hours
« Reply #8 on: »

OP, I want to broaden the discussion pl.

You challenged online but did not receive a substantive response. So, have you contacted them to ask what's happened?

You then posted: 'some days ago I received a NTO..'. Some days!! You posted this on Oct 29th and the NTO is dated 11 October!

....or is it???

The NTO states:
'Notice to Owner Date: 11/10/2023

Date of Posting: 9/10/2023'

Neat trick and IMO a virtually guaranteed win at representations or adjudication, as is '...the council will increase the penalty charge by 50% and serve a charge certificate'!

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,



So I wouldn't get too hung up on signs.
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Re: Luton PCN: contravention code 01 parked in restricted street during prescribed hours
« Reply #9 on: »
Hi,

I believe that the NTO would have arrived on 11/10/2023 or the following day although  I didn't see it until some days later.
I did not contact Luton council after I challenged online and received email acknowledging the same. There was response to the challenge to say that it was rejected.

How should I proceed now? Based on argument re: sign. Or is there any other way?

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Re: Luton PCN: contravention code 01 parked in restricted street during prescribed hours
« Reply #10 on: »

There was response to the challenge to say that it was rejected.


I don't quite follow. Did they reply or not, do you have a copy and in what form?

In any event, you will make reps to the authority on the grounds of procedural impropriety.

As a framework:
Dear Sir,
PCN ***********

I refer to the NTO in respect of the above, see copy enclosed.

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. I would also add that even if these could be calculated the notice's statement that the penalty will be increased(as opposed to 'may' which is prescribed under the regulations) is a further impropriety.

Hugs....
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Re: Luton PCN: contravention code 01 parked in restricted street during prescribed hours
« Reply #11 on: »
Sorry for the confusion..typo!
I did not receive rejection of my representation. There was email acknowledging the challenge..below

Dear...

Thank you for submitting your appeal using the Luton Borough Council's ChallengeSmarti website.

Your challenge has been received and allocated to your case.

Please note that your case will remain on hold until a decision has been made.

Do not make payment until you have received a response to your challenge. Payment is deemed as acceptance of liability and the case will be closed.

Regards

Luton Borough Council's Appeals Team

Case number: LU06800240
Vehicle registration:
Contravention: 01 - No waiting
Date and time of contravention: 03/07/2023 10:57

Reason for appeal: 'I didn't see any signs or lines'
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Re: Luton PCN: contravention code 01 parked in restricted street during prescribed hours
« Reply #12 on: »
To be honest it would be much better if people embedded pictures rather than relying on attachments that need to be opened next time, for our sanity here is the NTO agian:



@fttboy HCA has identified a fundamental flaw in the NTO, and as a result your chances of success have gone from maybe 60-70% to well over 90%.

I recommend you send his draft, and you can add a line or two about the signage being inadequate if you want.

The deadline to make representations is Tuesday so I wouldn't wait any further, go onto the council website and submit the representation asap, and keep a screenshot of the confirmation page.
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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: Luton PCN: contravention code 01 parked in restricted street during prescribed hours
« Reply #13 on: »
And.........
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
(b)the period of 28 days specified in the penalty charge notice as the period within which the penalty charge is to be paid has expired without that charge being paid,
the enforcement authority concerned may serve a notice (a “notice to owner”) on the person who appears to it to have been the owner of the vehicle when the alleged contravention occurred.

(2) A notice to owner may not be served after the expiry of the period of 6 months beginning with the relevant date.

(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,
(b)the name of the enforcement authority serving the notice,
(c)the amount of the penalty charge payable,
(d)the date on which the penalty charge notice was served,
(e)the grounds on which the civil enforcement officer who served the penalty charge notice under regulation 9 believed that a penalty charge was payable with respect to the vehicle,
(f)that the penalty charge, if not already paid, must be paid within “the payment period” as defined by regulation 3(2)(a) of the 2022 Appeals Regulations,
(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, and
(h)the amount of the increased penalty charge.
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Re: Luton PCN: contravention code 01 parked in restricted street during prescribed hours
« Reply #14 on: »
Thanks all.
I'll draft the challenge ASAP and send
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