3. PCN (Code 21u) - 01/02/2024 - Royal Borough of Kensington & Chelsea
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Re: PCN (Code 21u) - 01/02/2024 - Royal Borough of Kensington & Chelsea
« Reply #15 on: »
So the council cannot suspend the bay for the parking of Diplomatic Vehicles as there are no provisions on the order for doing so. Therefore, the suspension is invalid in that respect.

Also, a TTRO would be required to suspend the bay, however, the council are yet to provide this. Therefore, it is possible that they haven't suspended the bay at all.

However, as they haven't allowed dispensing a bay for diplomatic vehicles in their Traffic Management Order in the first place, they were unable to suspend the bay for diplomatic vehicles, which takes me back to point one.

The sign is also non compliant as I found their approved suspension sign and they have omitted the flap at the bottom, which is the only approved sign from the DfT.

I find it funny that they haven't provided the TTRO and it seems difficult to get hold of. Essentially, if they haven't suspended the original TMO/TRO they have essentially still got a pay by phone parking bay with a meaningless yellow sign with some fancy writing on it.
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Re: PCN (Code 21u) - 01/02/2024 - Royal Borough of Kensington & Chelsea
« Reply #16 on: »
Hello,

I have been informed by my company today that the Notice to Owner has been received by them, here is a copy of it.


upload

Any suggestions?
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Re: PCN (Code 21u) - 01/02/2024 - Royal Borough of Kensington & Chelsea
« Reply #17 on: »
Draft representation:

Dear Royal Borough of Kensington and Chelsea,

The alleged contravention did not occur.

The Kensington and Chelsea (Charged-For Parking Places) Consolidation Order 2023 does not contain any provision that allows a parking bay to be suspended for diplomatic vehicles, so the purported suspension is ultra-vires and invalid.

If the council wanted to temporarily turn this into a parking space for diplomatic vehicles then a TTRO should have been made any any PCN should have been issued for code 41 - Stopped in a parking place designated for diplomatic vehicles.

In the circumstances the contravention alleged did not occur, and the PCN must be cancelled.

Yours faithfully,

As always send this online, keep a copy of what you've sent, 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: PCN (Code 21u) - 01/02/2024 - Royal Borough of Kensington & Chelsea
« Reply #18 on: »
Hi cp8759,

I have sent the representations as advised. Thank you for all your help.

My company are wobbling a little bit and worried about any potential impact of non-payment. I have told them that I am making representations and to hold out, as if I do lose at adjudication I will pay and not let it impact the company in a negative manner (I.e CCJ)

Cheers
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Re: PCN (Code 21u) - 01/02/2024 - Royal Borough of Kensington & Chelsea
« Reply #19 on: »
You cannot get a CCJ from a PCN come hell or high water, so they really don't need to worry about that.
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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
Agree Agree x 1 View List
Re: PCN (Code 21u) - 01/02/2024 - Royal Borough of Kensington & Chelsea
« Reply #20 on: »
For later:

Map tile AA13

Suspension information:















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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: PCN (Code 21u) - 01/02/2024 - Royal Borough of Kensington & Chelsea
« Reply #21 on: »
Hello,

After much wrangling with my company, where I had to get their authority to act - I have received an email advising that they are rejecting my appeal and the Notice of Rejection will be send by hard copy to my employer, which I will have to get them to forward to me.

« Last Edit: June 19, 2024, 08:45:53 pm by The_Hock »
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Re: PCN (Code 21u) - 01/02/2024 - Royal Borough of Kensington & Chelsea
« Reply #22 on: »
Let us know when you get the NTO and I'll draft something for you.
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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: PCN (Code 21u) - 01/02/2024 - Royal Borough of Kensington & Chelsea
« Reply #23 on: »
Hi CP,

I've already had the NtO, I am awaiting the NoR, is that what you meant?

Regards
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Re: PCN (Code 21u) - 01/02/2024 - Royal Borough of Kensington & Chelsea
« Reply #24 on: »
Quote from: The_Hock on June 20, 2024, 07:28:38 pm
Hi CP,

I've already had the NtO, I am awaiting the NoR, is that what you meant?

Regards
Yes
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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: PCN (Code 21u) - 01/02/2024 - Royal Borough of Kensington & Chelsea
« Reply #25 on: »
Quote from: cp8759 on June 23, 2024, 01:51:58 pm
Quote from: The_Hock on June 20, 2024, 07:28:38 pm
Hi CP,

I've already had the NtO, I am awaiting the NoR, is that what you meant?

Regards
Yes

After receiving an email on 19th June advising that a NoRoR had been sent as a hard copy to the keeper, I sent an email to my company and they advised that they have still not received it.

Am I right in thinking that I should wait it out and rely on the Council surpassing the time limit as per the regs to send out the NoRoR?
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Re: PCN (Code 21u) - 01/02/2024 - Royal Borough of Kensington & Chelsea
« Reply #26 on: »
Quote from: The_Hock on July 03, 2024, 07:12:54 pm
Am I right in thinking that I should wait it out and rely on the Council surpassing the time limit as per the regs to send out the NoRoR?
No that's completely wrong, if the NoR has been issued and lost in the post that doesn't give you a get-out-of-jail-free card.

Can the company sign a letter of authority allowing you to appeal to the tribunal? You don't need to physically receive the notice of rejection to appeal to the tribunal, you just need to know the NoR has been issued.
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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: PCN (Code 21u) - 01/02/2024 - Royal Borough of Kensington & Chelsea
« Reply #27 on: »
Okay,

I have an update on this case.

I was waiting for the NoRoR to be sent by my company to me, however, this did not materialise.

My company has now informed me that a Charge Certificate has been issued and they are panicking and saying that they need to pay it immediately. The charge is now £195.

I have logged on to the RKBC website to try and manage the PCN, but it says "Case Closed", I presume this means that my company have paid.

My question is:

Can I still appeal the PCN to the adjudicator?

TIA
« Last Edit: July 25, 2024, 09:14:02 pm by The_Hock »
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