3. Code 85 Parked without a valid virtual permit, Ashford, Kent
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Re: Code 85 Parked without a valid virtual permit, Ashford, Kent
« Reply #15 on: »
Quote from: cp8759 on July 11, 2023, 11:29:38 pm
Quote from: Circle87 on July 08, 2023, 08:18:53 pm
In which case, I will stick to simply appealing with your original text. I will wait for the NTO and refer back here when that time comes.
Yes, that would make things nice and simple.

So, the date of the Notice To Owner is 08/08/2023 and I therefore have until 05/09/2023 in which to make my representations to Ashford Borough Council as to why this penalty charge should not be paid.

I will be preparing my representation in the next few weeks and I wanted to know if what was posted above still stands word for word, and if there are any additions I need to make?

Thanks.
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Re: Code 85 Parked without a valid virtual permit, Ashford, Kent
« Reply #16 on: »
Hello,

Just wanted to ask for an update if possible.

Is what was posted above still standing word for word or are there any additions I need to make?

Many thanks,
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Re: Code 85 Parked without a valid virtual permit, Ashford, Kent
« Reply #17 on: »
@Circle87 I can't see any reason to add anything to the wording, send the representation off and let's see what they say.

As for your chances of having to go to the tribunal, that's basically a certainty. However they might not contest, roughly 30% of TPT appeals are not opposed by the enforcement authority.

I'll be happy to represent you at the tribunal in due course.
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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
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Re: Code 85 Parked without a valid virtual permit, Ashford, Kent
« Reply #18 on: »
Perfect. Thank you.
I have just tried https://pcnpayappeal.ashford.gov.uk but it keeps returning a page of:
403 - Forbidden: Access is denied.
You do not have permission to view this directory or page using the credentials that you supplied.

I shall call in the morning and if no success i'll hand write the damn thing, photo copy it, post it and get receipt of tracking and postage.

I will reconvene once I've had a response to my representations.

If I have to go to tribunal I would very much appreciate your assistance, CP.

Best regards.
« Last Edit: August 13, 2023, 11:34:46 pm by Circle87 »
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Re: Code 85 Parked without a valid virtual permit, Ashford, Kent
« Reply #19 on: »
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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
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Re: Code 85 Parked without a valid virtual permit, Ashford, Kent
« Reply #20 on: »
Quote from: Circle87 on August 10, 2023, 09:35:51 am
In addition to this, what are the chances that my representation gets refused and I have to go to tribunal?
Very high, because this is essentially a money-making game, with a very small, (less than 5%) traffic management component.
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Re: Code 85 Parked without a valid virtual permit, Ashford, Kent
« Reply #21 on: »
Dear all,

So I went to the website you linked, CP, I entered my details, and my appeal was exactly as follows:

"Dear Ashford Borough Council,

I contest liability for PCN AS09113666 on the grounds that the alleged contravention did not occur. The terms and conditions board which is required to convey the main requirements created by the off-street parking places order makes no mention whatsoever of any permit parking places, it simply indicates that payment must be made, vehicles must park wholly within a marked bay, and vehicles parked in a disabled persons' bay must display a blue badge.

I have complied with all of those requirements, and it follows that on this occasion a contravention did not occur.

Yours faithfully,
Allan Cadenhead".

On the next page I uploaded the picture (attached)of the board that doesn't mention anything about Permit Holder Bays, which they have anyway.

I will now await to see the outcome of this appeal and update here accordingly. I assume this is the "formal" representation? So if they reject I will be heading to tribunal to contest the facts there.

EDIT: Just wondered what the chances of me failing at tribunal are and me ending up having to pay the full £105? I will fight this to the bitter end. I feel it's unfair law abiding citizens are getting stung by a piece of weathered cardboard inconspicuously hung on the back of a page with plastic zip ties!  >:( 

Many thanks,
Allan.

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« Last Edit: August 17, 2023, 07:08:35 am by Circle87 »
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Re: Code 85 Parked without a valid virtual permit, Ashford, Kent
« Reply #22 on: »
Quote from: Circle87 on August 17, 2023, 12:42:22 am
EDIT: Just wondered what the chances of me failing at tribunal are and me ending up having to pay the full £105?
None, the penalty is £70, not £105.

If you lose the appeal at the tribunal stage, you get 28 days to pay the £70 charge and that's the end of the matter. The penalty can only go up to £105 if you lose the appeal and don't pay the charge within 28 days of the tribunal's decision.

That being said, if they reject I'm happy to represent you at the tribunal.
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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
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Re: Code 85 Parked without a valid virtual permit, Ashford, Kent
« Reply #23 on: »
Hello again.

So today I have received, as CP predicted, the Notice of Rejection of Representations letter from ABC. Please see attached the full letter (max 4 per post so I'll post the next 4 in the post below this).

What would be the next steps? Do I now go to www.trafficpenaltytribunal.gov.uk and submit details there?

Many thanks in advance,

Allan.

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« Last Edit: August 22, 2023, 05:00:49 pm by Circle87 »
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Re: Code 85 Parked without a valid virtual permit, Ashford, Kent
« Reply #24 on: »
Letter attachment continued.

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Re: Code 85 Parked without a valid virtual permit, Ashford, Kent
« Reply #25 on: »
So just to confirm, I have until midnight on 16.09.2023 to approach Tribunal?
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Re: Code 85 Parked without a valid virtual permit, Ashford, Kent
« Reply #26 on: »
Good evening. Apologies, I haven't had a reply yet. I'm just wondering what the next course of action is. Please let me know.

Best regards,
Allan.
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Re: Code 85 Parked without a valid virtual permit, Ashford, Kent
« Reply #27 on: »
@Circle87 I'm just catching up on things, I'll drop you a PM.
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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
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Re: Code 85 Parked without a valid virtual permit, Ashford, Kent
« Reply #28 on: »
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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
Like Like x 1 View List
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