Author Topic: Manchester City Council - Code 12 - Parked in a "Permit Parking Zone" but sign blocked and not clear  (Read 412 times)

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iffy_jiffy

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Hi @cp8759, Apologies the last pic hasnt come out correctly so won't load. Could you resend this please?

Appreciated. Thank you.

Regards,
Irfan.

cp8759

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Hi @cp8759, Apologies the last pic hasnt come out correctly so won't load. Could you resend this please?

@iffy_jiffy it loads perfectly fine for me, and in any case you don't need it at the representations stage. I just put it on here so that we have that evidence to hand in case the council fixes the website between now at the date of any hearing at the Traffic Penalty Tribunal.
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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iffy_jiffy

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Hi @cp8759, cool thanks. I'm filling the online form in now - what is "General Representation" - i myself representing the appeal i'm guessing?

Regards,
Irfan.

cp8759

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Hi @cp8759, cool thanks. I'm filling the online form in now - what is "General Representation" - i myself representing the appeal i'm guessing?

Regards,
Irfan.

It's the only ground of appeal they put on the website, because the website is wrong.
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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iffy_jiffy

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Hi @cp8759, this has now been done and i have got a screenshot of the submissions/confirmation. The "confirmation" has been received via email too.

Much appreciated.

Thanks,
Irfan.
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iffy_jiffy

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Hi @cp8759, just an update on this. I appealed as advised and i received a letter back from the council stating the representation has been rejected as i am not the registered owner (i appealed as a driver who was driving the vehicle and not the registered keeper - this is my bad the pic shown by yourself on your previous post did state to appeal as the registered owner  :( ). I have a letter printed and signed from the registered keeper and this will be sent off tomorrow morning.

Please see attached letter from the council.

https://imgur.com/a/bjAytoG - Page 1
https://imgur.com/a/61C82NU - Page 2


Does this mean i can't now appeal through the council and i have to go to via the independent adjudicator?

Kind Regards,
Irfan.

Incandescent

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Does this mean i can't now appeal through the council and i have to go to via the independent adjudicator?
It means the registered keeper must either pay the £70, or take the matter to the adjudicators. As the penalty will not increase at the adjudicators, and there are no additional costs, it is a total no-brainer to take the matter to adjudication. You can only act on behalf of the keeper if they supply written authority for you to act on their behalf.

H C Andersen

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OP, to whom is the Notice of Rejection addressed, you or the registered keeper.

I won't presume or deduce from its or your post's contents, one step at a time: to whom is the NoR addressed?

iffy_jiffy

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Hi @h c anderson,

I was the driver who appealed. Once i appealed, I received an email to state i couldn't appeal as i wasn't the registered keeper of the car - this they was confirmed by the council via details from DVLA. And i didn't have permission from the registered owner to appeal on their behalf or discuss the case.

The registered keeper received a letter advising "Notice of Rejection of Representations" - this is the letter i posted last night with the letter. 

Summary -
30/11 - i appealed (im not the registered keeper)
6/12 - i email received from the council advising im not the registered keeper as i have no permission on their behalf the case could not be discussed with me
16/12 - letter received by the registered keeper (dated 12/12). Pictures posted on the last post.


Kind Regards,
Irfan.

H C Andersen

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Then IMO it's not a NoR because no formal representations were made.

In short:
You wrongly submitted what you described as formal representations;
Council advised you that what you submitted would not be considered as formal reps(have we seen this email?);
Keeper did not submit formal reps in their own name and yet despite not submitting formal reps they've been served with a Notice of Rejection of (non-existent) Reps despite the 28-day period for making those reps not having expired!!

Is the above correct?
« Last Edit: December 17, 2024, 10:27:01 am by H C Andersen »

iffy_jiffy

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Hi "@h c anderson",

That sounds correct yes.

The email to myself was not uploaded on the forum - apologies. Now uploaded--

https://imgur.com/a/inryq1x

Regards,
Irfan.


cp8759

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@iffy_jiffy you need to understand that this is not your case and therefore not your appeal, at most you are a witness. Any appeal is between the registered keeper and the authority.

However as the discount is not on offer there's no point in paying now, as the registered keeper can't end up any worse of by appealing. I'll drop you a PM in case the registered keeper would like me to represent them.
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