3. PCN code 30 - Parked for longer than permitted Swale Council, informal representations rejected
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PCN code 30 - Parked for longer than permitted Swale Council, informal representations rejected
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Run down of events :

My car LG02 CLY has been out of the parking area SB since 26.04.23 for repairs following an accident.

The Courtesy Car was added to my existing permit on a virtual basis. Over the last period, I have renewed this virtual permit 3 times. On the day of issue of the PCN the permit was no longer active. According to the Parking Office, the virtual permit expired on 01.06.23.

PCN
Front & Back
https://ibb.co/tC4C6BH
https://ibb.co/rwyBL62

Evidence
https://pcn.swale.gov.uk/
HS19PXR
KL00898762

Location : https://goo.gl/maps/JYJMVefYgqQpEqgC8

The car was parked near Stansted Airport from 02.06.23 until 05.06.23 and not in the Swale area. The car was moved during the observation time as there was a school run to complete.

The Swale Borough Council Receptionist, after requesting extensions again on the virtual permit, advised me to write to parkingappeals@midkent.gov.uk and request to cancel the PCN and gave me the impression that it was just a matter of formality. Date email 06.06.23.
---- Request Declined
See :
https://ibb.co/JHRywjG
https://ibb.co/smhZFXN

Following another phone call with the receptionist, whilst liaising with the Parking Office, she informed me to make an informal appeal via the website and informed me to put in the appeal to look more favourable on this PCN.

---- Again Request Declined

See:
https://ibb.co/qnBgWc2
https://ibb.co/TmCSQ68

Submitted another informal appeal following the information provided here:
http://forums.pepipoo.com/index.php?s=&showtopic=150430&view=findpost&p=1784660

Council came back completely disregarding the points that were made.
informal reps made on 27.06.2023

Just received the reply from the parking services. completely ignoring the reps and now advising to wait for the notice to owner for further representations

https://ibb.co/Qrp2fYZ

Updated the Car management company about this pending PCN and to expect the Notice to Owner
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Re: PCN code 30 - Parked for longer than permitted Swale Council, informal representations rejected
« Reply #1 on: »
Do you have location history enabled on your phone?

At the formal stage it would be sensible to put a proper case of mitigation on the basis of being a permit holder and the mischief the legislation is aimed at not taking place (the purpose of the restriction is to deter overstaying visitors, not genuine permit holders like yourself).

However if they prove to be stubborn, proving the vehicle has moved is the easy way to get this dealt with 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
Re: PCN code 30 - Parked for longer than permitted Swale Council, informal representations rejected
« Reply #2 on: »
I should have this enabled - also the receipt for parking
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Re: PCN code 30 - Parked for longer than permitted Swale Council, informal representations rejected
« Reply #3 on: »
Quote from: Phaeton55 on July 12, 2023, 11:26:00 am
I should have this enabled - also the receipt for parking
If you can give us photos / screenshots of this, I can draft a representation 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 30 - Parked for longer than permitted Swale Council, informal representations rejected
« Reply #4 on: »
Been a while since the representations got rejected for this PCN (My second daughter was born in that period). The lease company received the NTP and I have received the NTO addressed to me

I have uploaded both in this Google Drive folder:
https://drive.google.com/drive/folders/1dCXN942GB_76Dhm3dtnk-PV3Kr4Zw_7G?usp=sharing

I am just trying to locate the parking receipts and should have a picture too as requested in the last post

Your help in appealing against this NTO would be much appreciated.
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Re: PCN code 30 - Parked for longer than permitted Swale Council, informal representations rejected
« Reply #5 on: »
Your deadline to appeal was midnight on the 12th. At this point it hardly matters what you say as long as you put something in.

Why did you leave everything to the last minutes?
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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 30 - Parked for longer than permitted Swale Council, informal representations rejected
« Reply #6 on: »

Reps intro...

Apologies for submitting these representations late - if you have a reason then explain briefly - and I hope you will give them consideration.

...two reasons for the above which you haven't got time to explore at this stage:
1. It's polite;
2. If you decided to take a rejection further you could refer to the intro in any appeal: the NTO wrongly states 'will issue a Charge Certificate ..increase penalty' (which may be argued is a procedural impropriety and grounds of appeal) whereas the law requires the authority to state 'may', the purpose being that an owner whose circumstances have meant that reps weren't submitted in time would still do so and not be deterred by 'after 28 days we will' which does imply shutting the door on late submissions.
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Re: PCN code 30 - Parked for longer than permitted Swale Council, informal representations rejected
« Reply #7 on: »
Just updating to close this thread

Appeal

Swale Borough Council
Ref: Appeal PCN KL00898762

Sittingbourne 13.10.2023

Dear Sir/Madam,
I am writing to make a formal representation against the Notice to Owner issued for Penalty
Charge Notice KL00898762. HS19 PXR Registration Courtesy Car
1. Request for discretion
I would invite the council to show discretion in enforcing this PCN. This as I am a valid permit
holder to park on my residential street. As outlined in the informal representations, the car
that holds the permit (LG02 CLY) was not parked in this zone and was getting repaired
following an accident in our street. This car was not returned to me until 17.07.2023. In the
meantime, I have renewed the virtual licence a couple of times and when I came back from a
trip abroad I received the PCN the same day as I didn't have the chance to renew the virtual
permit prior to this. Any proof of this can be provided and forwarded to you.
The mitigation is based on being a permit holder, the purpose of a permit scheme is to deter
overstaying visitors, not genuine permit holders like myself.
Based on the above I kindly request the council to use its power of discretion to cancel the
Penalty Charge.
2. Procedural Impropriety
The council has failed to address my points in the last informal representation on 29.06.23.
Based on both grounds I kindly request you to annul the Penalty Charge Notice.
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Re: PCN code 30 - Parked for longer than permitted Swale Council, informal representations rejected
« Reply #8 on: »
PCN Cancelled

<a href="https://ibb.co/85DHBYZ"><img src="https://i.ibb.co/3NynsRZ/image-6209779.jpg" alt="image-6209779" border="0"></a>
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Re: PCN code 30 - Parked for longer than permitted Swale Council, informal representations rejected
« Reply #9 on: »
At last!  :D
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IF YOU RECEIVE A MOVING TRAFFIC PCN PLEASE READ THIS BEFORE MAKING A REPRESENTATION:

https://www.ftla.uk/the-flame-pit/moving-traffic-pcns-missing-mandatory-information-the-london-local-authorities-a/msg102639/#msg102639


How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

I am not omniscient. cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

My e mail address for councils:

J.BOND007@H.M.S.S.c/oVAUXHALLBRIDGE/LICENSEDTOEXPOSE.SCAMS.CO.UK

Last mission accomplished:

https://www.ftla.uk/the-flame-pit/southwark-to-r
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  3. PCN code 30 - Parked for longer than permitted Swale Council, informal representations rejected