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Hounslow, Code 12r, parked in residents. shared use without valid permit, Amhurst Gardens

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#31
Thanks for the reply and help me draft it. I have submitted below representation now, hope that is ok.


I make representations on the grounds that the alleged contravention did not occur and that there has been a procedural impropriety.

The PCN alleges contravention code 12R, namely that the vehicle was parked in a residents’ or shared-use parking place without displaying a valid permit.

However, the vehicle was parked on an unmarked length of carriageway and not within a marked residents’ or shared-use parking bay.

In rejecting the informal challenge, the authority stated that the location was within a Controlled Parking Zone (CPZ). However, a CPZ regulates waiting restrictions associated with yellow lines and does not itself create residents’ parking places.

The authority’s response therefore does not correspond with the contravention alleged on the PCN.

The rejection letter fails to clearly identify the legal basis of the restriction relied upon and suggests that the representations were not properly considered.

In these circumstances, I do not believe the authority has established the alleged contravention and I request that the PCN be cancelled.

If the authority does not agree, I request that it clearly identifies the legal basis of the restriction relied upon and the evidence supporting it.
#32
#33
OK, so no re-offer of the discount now means it is a total and absolute NO BRAINER to register an appeal at London Tribunals, where their rejection of your reps will come under examination by an adjudicator. If you win, you pay nothing, and if you lose, you pay the £160 they want you to pay now. There are no other costs whatever.
#35
Sure, Thanks, Can someone help with that here in the forum?
Indeed yes.

Basically, you register an appeal and then, when you have a date for the hearing, we can help with your final representations based on your reps to the council. ALways opt for a hearing and never on a papers-based adjudication. These don't allow the adjudicator to ask you a question. Hearings are now all phone or video (MS Teams), and not at all like a court.

Basically, why pay £160 now when you could end up paying nothing. The council, meanwhile, have to prepare an evidence pack and pay the adjudication fee, which is a PITA so they may fold and not contest your appeal.
#37
Some thoughts.


The photo of the PPA signs which you posted - after returning to take photos - and theirs are not the same.

Is your evidence valid, because this is how you entered the area, or is theirs?

We don't know, but IMO it's important. Which is it?

They have not offered the reduced sum, which IMO is grounds on its own for appealing because their reasoning has totally changed i.e. CPZ with informal reps and PPA and no re-offer of lower sum with NOR. 


And the NOR does not inform you of your correct rights of appeal:

The regs provide:

(6) If the enforcement authority does not accept the representations, its decision notice—

(a)must—

(i)state that a charge certificate may be served on the recipient unless within the period of 28 days beginning with the date of service of the decision notice—

(aa)the penalty charge is paid, or

(bb)the recipient appeals to an adjudicator against the penalty charge,

(ii)indicate the nature of an adjudicator’s power to award costs, and

(iii)describe the form and manner in which an appeal to an adjudicator must be made


The highlighted part is itself in 2 parts, BOTH of which IMO are of equal importance in conveying an appellant's rights:

Appeal to an adjudicator against a decision to reject a recipient’s representations
7.—(1) A recipient may appeal to an adjudicator against an enforcement authority’s decision not to accept their representations.

(2) An appeal under this regulation must be made within—

(a)the period of 28 days beginning with the date of service of the decision notice under regulation 6(4)(b) which states that the enforcement authority does not accept the recipient’s representations, or

(b)such longer period as the adjudicator may allow.


The highlighted part is not in the decision notice(AKA NOR).

Perhaps they'll try and finesse this by saying that it's in the 'enclosed Notice of Appeal form', in which you will find oblique reference in the small print. But IMO, this form does not relieve the authority of its obligation to include this within its notice. And if they say that the 'enclosed appeal form' counts as part of the notice, then this is grounds on its own because the form states clearly that 'you have 28 days from receiving the ...Notice of Rejection.' in which to appeal.

These might be the internal standards of the adjudicators, but it is NOT the position in law i.e. your legal right to have a valid appeal registered(irrespective of the adjudicators)is the 28-day period beginning on the deemed date of service which, unless the contrary is proved, is 2 working days after posting. The adjudicators' power to accept a late appeal ONLY commences once it's late! Which means that in-time and options if late must be included within a NOR.

But they're not.

Contravention did not occur;
Procedural impropriety.

#38
Sure, Thanks, Can someone help with that here in the forum?

I will. First, go to the website and screenshot the grounds page as I believe it is rather general. Some adjudicators allow on this.

They are not obliged to reoffer the discount in law.

9th July is deadline to file the appeal which I will do.
Last Edit: June 28, 2026, 11:24:27 am by Hippocrates
@ALL MEMBERS

I HAVE A HIGH COURT CASE RE JUDICIAL REVIEW BUT WILL DO MY BEST TO ADVISE AND TAKE ON CASES IF AT ALL POSSIBLE.

If you do not challenge, you join "The Mugged Club".

cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

There are "known knowns" which we may never have wished to know. This applies to them. But in the field the idea that there are also "unknown unknowns" doesn't apply as they hide in the aleatoric lottery. I know this is true and need to be prepared knowing the "unknown unknowns" may well apply.

To Socrates from "Hippocrates"
#41
Thanks for offering to help, i havee sent the details over to you.

Sure, Thanks, Can someone help with that here in the forum?

I will. First, go to the website and screenshot the grounds page as I believe it is rather general. Some adjudicators allow on this.

They are not obliged to reoffer the discount in law.

9th July is deadline to file the appeal which I will do.
#42
but people can come from any entrance and park in the same way as me so signs should be compliant from both sides.

With respect is missing the point.

The council must produce evidence that the entrance YOU took was clearly marked with signs of the prescribed form, not that here's an example of what signs look like. Each entrance would have its own issues of visibility.

I just want to know what can be ruled in or out as regards adjudication. Their NOR states:

'Our records indicate that the sign ..was in place(see enclosed photo of signage)..'

So, if this photo is not of the entrance used by you(which you would need to establish to the adjudicator's satisfaction) then the authority has not given proper consideration to your reps which made the issue of visible signs key.