3. PCN for parking in a permit only bay
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PCN for parking in a permit only bay
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Hi

Was wondering if it's worth contesting this PCN from Thurrock Council.

In summary, my wife received a PCN despite having a valid pay and display ticket. However, she was confused by the signage and parked in the permit holders only section and recieved a PCN.
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Re: PCN for parking in a permit only bay
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Re: PCN for parking in a permit only bay
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The PCN is not compliant with the regulations for content under the Transport Management Act 2004. It fails to include the mandatory information shown in Part 2 Chapter 1 (3)(1)(c) of the The Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022

Quote
PART 2
Information, representations and appeals in relation to penalty charge notices or enforcement notices
CHAPTER 1
Information to be included in regulation 9 penalty charge notices and enforcement notices
Information about right to make representations or appeal to be included in regulation 9 penalty charge notices and enforcement notices
3.—(1) A regulation 9 penalty charge notice must include the following information—

(a)that a person on whom a notice to owner is served may, in accordance with these Regulations, make representations to the enforcement authority against the penalty charge and, if those representations are rejected, appeal to an adjudicator;
(b)that if, before a notice to owner is served, representations against the penalty charge are received at such address as may be specified in the notice for the purpose those representations will be considered by the enforcement authority;
(c)that if a notice to owner is served despite the representations mentioned in sub-paragraph (b), representations against the penalty charge must be made to the enforcement authority in the form and manner and at the time specified in the notice to owner.

https://www.legislation.gov.uk/ukdsi/2022/9780348232752/part/2

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Re: PCN for parking in a permit only bay
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Isn't the bit about appeals mentioned at the back of the PCN? Or does the wording have to be identical to the legislation?
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Re: PCN for parking in a permit only bay
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The exact wording doesn't have to be followed, but is risky if an adjudicator decides the meaning of the regulation is not conveyed. 
I have highlighted the section of the regulations that does not appear anywhere on the PCN, back or front.  The "small print" on the back of the PCN is as much the PCN as the front.
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Re: PCN for parking in a permit only bay
« Reply #5 on: »
Ok, should I add this in the appeal or just await the rejection and submit to the adjudicator?
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Re: PCN for parking in a permit only bay
« Reply #6 on: »
Add it in to your reps so that it will come up as evidence at London Tribunals.
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Re: PCN for parking in a permit only bay
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Quote from: Mujahid on July 20, 2024, 06:05:57 pm
Ok, should I add this in the appeal or just await the rejection and submit to the adjudicator?

It's a two stage process. For a PCN served on the scene whoever has the PCN can submit an informal representation challenging it. Get it delivered to the Council within 14 days beginning with the day the PCN was served and the Council will normally re-offer the discount if they reject. Most informal reps are rejected out of hand.

If the PCN remains unchallenged and/or not paid within 28 days then the Council can and likely will serve a Notice to Owner on the Registered Keeper of the vehicle on the day of the alleged contravention. If that happens, even if the response to the informal representation is still outstanding, then the RK must either pay up or submit a formal representation within 28 days.

If the formal reps are rejected then the RK can appeal to the independent adjudicator.
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