3. PCN Code 622- Parking on footpath
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Author Topic: PCN Code 622- Parking on footpath  (Read 1165 times)

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Re: PCN Code 622- Parking on footpath
« Reply #15 on: »
Good Morning, I still haven't received anything from Havering, should I reach out to them ?

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Re: PCN Code 622- Parking on footpath
« Reply #16 on: »

The issue of addresses still lurks in the background. What address is on the revoking order because this is the address which the authority (and therefore the adjudicator) must use.

For the avoidance of doubt I would contact the authority. Just refer to to revoking order and has the authority referred the matter to the adjudicator. This is better in writing but if you phone then confirm in writing.
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Re: PCN Code 622- Parking on footpath
« Reply #17 on: »
Quote from: H C Andersen on October 17, 2023, 01:19:30 pm
For the avoidance of doubt I would contact the authority. Just refer to to revoking order and has the authority referred the matter to the adjudicator. This is better in writing but if you phone then confirm in writing.
I would contact the tribunal instead, the number is 020 7520 7200, just ask if they've got a case for your PCN number.

If they have, ask them to add your email address to the case and also to change the communications preference to email, and ask them to email you a copy of the "show us your reps" letter (they'll know what this is), and all the evidence from the authority.

If they don't have the PCN yet, try calling again after a week.
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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 622- Parking on footpath
« Reply #18 on: »
Thanks, I will call today.
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Re: PCN Code 622- Parking on footpath
« Reply #19 on: »
Hi,

I have now received the following from Havering, they didn't issue the re-offer the discounted amount.  I wanted to ask that I was to appeal and loose then the change would be 130£ ? 

https://ibb.co/YB8T3JZ
https://ibb.co/SswdLf9

Thanks
Puneet
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Re: PCN Code 622- Parking on footpath
« Reply #20 on: »
For convenience:




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Re: PCN Code 622- Parking on footpath
« Reply #21 on: »
Quote from: londondriver11 on July 08, 2024, 11:01:45 am
Hi,

I have now received the following from Havering, they didn't issue the re-offer the discounted amount.  I wanted to ask that I was to appeal and loose then the change would be 130£ ? 

https://ibb.co/YB8T3JZ
https://ibb.co/SswdLf9

Thanks
Puneet

yes there is no cost to go to tribunal and amount will still be 130 if you lose
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Re: PCN Code 622- Parking on footpath
« Reply #22 on: »
I see their letter is in error as it says the amount outstanding is £204.  This is incorrect, because TEC have cancelled the OfR and Charge Certificate.

It is now a no-brainer to take them to London Tribunals.  I would also put that letter forward as a procedural impropriety by quoting the incorrect amount. What muppets !
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Re: PCN Code 622- Parking on footpath
« Reply #23 on: »
As Incandescent says, get this in front of an adjudicator. Not only are you highly likely to win, you'll also get to enjoy the adjudicator's comments on a letter that threatens to raise £204 by 50% to make £195.
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Re: PCN Code 622- Parking on footpath
« Reply #24 on: »
With respect, I suggest the OP stick to procedure:

(4).

(2) A witness statement must state one and only one of the following—

(a)that P did not receive the enforcement notice;

(b)that P made representations to the enforcement authority under regulation 5 of the 2022 Appeals Regulations but a notice of rejection was not received from that authority in accordance with regulation 6 of those Regulations;

(Regulation 23: https://www.legislation.gov.uk/uksi/2022/71/regulation/23/made)

It is not for you to do anything, it's the authority's duty, so let them get on with it.

NB. 'not received', not 'not issued'. You have already signed a statement of truth to this effect. Assuming the adjudicator is notified by the council then it's within their power to direct that you provide a copy of your reps - one of the oddest procedural steps because the authority have already acknowledged receipt and not disregarded, but hey-ho, nothing's perfect!
« Last Edit: July 08, 2024, 03:00:09 pm by H C Andersen »
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Re: PCN Code 622- Parking on footpath
« Reply #25 on: »
Hi,

Based on the last comment do I not go ahead and appeal in 28 days on the London tribunal website that I made representations but a notice of rejection was not received from that authority ?

I understand I had done this previously but would the adjudicator not need something from my side to make a decision.

Thanks
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Re: PCN Code 622- Parking on footpath
« Reply #26 on: »
What you've been sent is a COPY, it has no legal effect as regards procedure.

The council's duty is clear.
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Re: PCN Code 622- Parking on footpath
« Reply #27 on: »
@londondriver11 I would tackle this head on, at this point you have nothing to lose. I will drop you a PM in case you'd like me to represent 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 622- Parking on footpath
« Reply #28 on: »
Quote from: H C Andersen on July 08, 2024, 08:32:38 pm
What you've been sent is a COPY, it has no legal effect as regards procedure.
Well we ignored your suggestion and filed an appeal against this further NoR, outcome here.

While technically the council should refer the case to the adjudicator, it would be really silly to make an issue about procedure when there's an easy and straightforward way to get a PCN cancelled. Our objective here is to further the interests of those who seek our help, rather than to sit on a high horse saying "them's the rules".
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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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