3. Islington PCN - Zone N - Contravention 01
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Re: Islington PCN - Zone N - Contravention 01
« Reply #15 on: »
Quote from: cp8759 on September 18, 2023, 10:36:04 pm
Draft representations:

Dear London Borough of Islington,

I refer your to my informal representation in the first instance, which I require you to consider afresh.

Further to this, I refer you to the statutory guidance issued by the Secretary of State for Transport under section 87 of the Traffic Management Act 2004, that guidance states that:

The NtO may be issued 28 days after serving the penalty charge, and we expect authorities to send them within 56 days. The ultimate time limit, in exceptional circumstances, is 6 months from the ‘relevant date’. There should be a very good reason for waiting that long to serve an NtO.

In this case the regulations provide that a notice to owner may not be served after the expiry of the period of 6 months beginning with the date on which the relevant penalty charge notice was served, which was 19 March 2023. As the Notice to Owner was served on 18 September 2023, one day before the end of the legal time limit, it is apparent that it has been served at the very end of the six month period.

It is now for the council to explain what exceptional circumstances justify such extreme tardiness, or else why the authority has departed from the statutory guidance. Of course the statutory guidance is not binding, and the authority may depart from it, but the authority would need to explain why it has chosen to do so.

If the authority cannot articulate any exceptional circumstances to justify such late service of the notice to owner, or any other reasons which explain why it has departed from the statutory guidance, it can be inferred that the authority simply failed to have regard to the guidance.

Failure to have regard to the guidance is a procedural impropriety contrary to section 87(2) of the Traffic Management Act 2004, on the basis of which the penalty charge notice would have to be cancelled.

Yours faithfully,

Put this all in a PDF and upload it to the council as an attachment, in order to preserve indentation and italics formatting. Keep a screenshot of the confirmation screen.

Thank you. I will put it in a PDF now.

The only two concerns I have. Firstly the date mentioned on the letter is 14th September. But in your response you've put 18th. I am guessing this was on purpose, but I am just double checking.

Secondly I did not post the final two corrsepondances with the council before the NTO, because I didn't think it relevant anymore. But just in case it is here is the rest of the timeline.

Sent an informal representation (I forget what its called) 17th July 23


Dear Islington Council,

Thank you for your response and the additional context provided. I would like to address the points raised in your letter.

I have attached a document to this email that illustrates my concerns regarding the signage implemented by Islington council. As you can see, the attached images clearly demonstrate that the signage is inadequate on one side of the road. This deficiency in signage raises doubts about the fairness of issuing fines when drivers are not adequately informed about upcoming fixtures and related restrictions.

It is essential to ensure that signage is consistent, visible, and present on both sides of the road to effectively communicate information to drivers and avoid potential misunderstandings. Additionally, I must express my dissatisfaction with the response provided regarding the outdated contact details on the Penalty Charge Notice (PCN). It is disheartening to encounter such oversights that can significantly hinder the appeals process. Clear and accurate information is essential for individuals seeking to navigate the system properly, and I trust that this concern will be addressed promptly to rectify the situation. Regarding the discrepancy between the dates shown on the signs in the letter and the pictures taken for the fine on my car, I find this inconsistency concerning. It is crucial to maintain accurate and reliable information to ensure fairness and transparency in the enforcement process. I kindly request clarification on this matter to address the discrepancies and ensure a fair resolution.

In conclusion, I respectfully disagree with your decision to uphold the charge. The attached document clearly highlights the deficiencies in signage, and the discrepancy in dates raises concerns about the accuracy of the evidence provided.

I kindly request a thorough reconsideration of the matter, taking these factors into account and addressing the issue of outdated contact details promptly. I hope you can understand my position and address the concerns raised.

I look forward to your reconsideration and a fair resolution to this matter.

Yours sincerely, [My Name]

P.s. I must also add that the signs shown are two pictures of the same sign on the same side of the road. It is not clear where those signs are located.

Response dated 15th August 23

Thank you for contacting us about the above Penalty Charge Notice (PCN).
I understand that you are disappointed with our decision to uphold this PCN. I acknowledge
your comments, however, if you wish to appeal this PCN further you will need to wait for the
Notice to Owner.

You should now choose one of the following options:

Pay the penalty charge of £130.00.

Or

Wait for a Notice to Owner (NtO) to be issued to the registered keeper of the vehicle,
who is legally responsible for paying the penalty charge. Any further correspondence
received prior to the NtO being issued may not be responded to.
The NtO gives the recipient the right to make formal representations against the penalty
charge. If we reject those representations, there will be the right of appeal to the
Environment and Traffic Adjudicator.
You can make a credit or debit card payment on our automated payment line on 020 7527
8000 at any time. You can also pay online at www.islington.gov.uk. If you prefer to pay by
cheque, please make it payable to LB Islington and send it to the address at the top of this
letter. Please write the PCN number on the back of the cheque. You may also send postal
orders (quoting the PCN number).

Yours sincerely
A ZAKARIA
Correspondence and Appeals Officer

To which I responded on the 15th August 23

Dear Zakariyyah,

Thank you for your response. But it did not address any of the concerns raised in my previous correspondence. Furthermore, the fine has risen to 130, when it was on hold for 65. In your automatic acknowledgment email it states "The PCN will be placed on hold until we reply". My last correspondence was made whilst the PCN was on hold at 65.

I have copied in my previous response below, so that you may address them. Thank you and kind regards.

"Dear Islington Council,

Thank you for your response and the additional context provided. I would like to address the points raised in your letter.

I have attached a document to this email that illustrates my concerns regarding the signage implemented by Islington council. As you can see, the attached images clearly demonstrate that the signage is inadequate on one side of the road. This deficiency in signage raises doubts about the fairness of issuing fines when drivers are not adequately informed about upcoming fixtures and related restrictions. It is essential to ensure that signage is consistent, visible, and present on both sides of the road to effectively communicate information to drivers and avoid potential misunderstandings.

Additionally, I must express my dissatisfaction with the response provided regarding the outdated contact details on the Penalty Charge Notice (PCN). It is disheartening to encounter such oversights that can significantly hinder the appeals process. Clear and accurate information is essential for individuals seeking to navigate the system properly, and I trust that this concern will be addressed promptly to rectify the situation.

Regarding the discrepancy between the dates shown on the signs in the letter and the pictures taken for the fine on my car, I find this inconsistency concerning. It is crucial to maintain accurate and reliable information to ensure fairness and transparency in the enforcement process. I kindly request clarification on this matter to address the discrepancies and ensure a fair resolution.

In conclusion, I respectfully disagree with your decision to uphold the charge. The attached document clearly highlights the deficiencies in signage, and the discrepancy in dates raises concerns about the accuracy of the evidence provided. I kindly request a thorough reconsideration of the matter, taking these factors into account and addressing the issue of outdated contact details promptly. I hope you can understand my position and address the concerns raised.

Yours sincerely,
[My Name]

P.S. I must also add that the signs shown are two pictures of the same sign on the same side of the road. It is not clear where those signs are located."

Their response was on 13th September 2023

Dear [My Name]

Location of Contravention Caledonian Road [Zone N]

Thank you for contacting us about the above Penalty Charge Notice (PCN).
The PCN was issued as your vehicle was parked on a single yellow line within a Controlled
Parking Zone (CPZ).
Having reviewed your most recent correspondence and the evidence available to myself,
please be advised, the signage at the location clearly stipulates the restrictions. Signs in the
borough are designed in accordance with those prescribed in the Traffic Signs Regulations
and General Directions 2016. These are provided by the Department for Transport (DFT),
any variation to the guidance provided by the DFT would render the sign invalid.
I have also noted your comments with regards to the dissatisfaction regarding the outdated
contact details on the PCN, however, all responses made to the outdated contact details do
advise of any changes, and how to appeal.
I appreciate if you may be disappointed with our decision, please be advised, should you
wish to contest the matter further, I would have to advise to please await the Notice to Owner
(NtO) to arrive via post. Please do not respond to this correspondence as it will only delay
the appeals process. The NtO will establish liability for the PCN and the grounds under
which representations may be made. If representations are made at this stage and they are
rejected, there will be the right of appeal to an independent Environment and Traffic
Adjudicator. We have now let the case off hold to allow it to progress to the next stage.
Please note, any further correspondence prior to the receipt of the NtO may not be
responded to.

However, should you choose to, you can make a credit or debit card payment on our
automated payment line on 020 7527 8000 at any time. You can also pay online at
www.islington.gov.uk. If you prefer to pay by cheque, please make it payable to LB Islington
and send it to the address at the top of this letter. Please write the PCN number on the back
of the cheque. You may also send postal orders (quoting the PCN number).

Yours sincerely

Mo Ali
Correspondence and Appeals Officer

After this the NTO came in the post.

Would this make a difference to the letter you wrote?

Thank you very much for all of your help.
« Last Edit: September 19, 2023, 05:40:47 pm by ReflectoR »
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Re: Islington PCN - Zone N - Contravention 01
« Reply #16 on: »
Also would I be sending this in as the reciever of the NtO (which is my wife), or under my name (I was the driver)?

Thank you again. I put this in a new post because the previous one got very long.
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Re: Islington PCN - Zone N - Contravention 01
« Reply #17 on: »
In your wife's name - it's responding to Notice to Owner
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Re: Islington PCN - Zone N - Contravention 01
« Reply #18 on: »
Quote from: ReflectoR on September 19, 2023, 05:37:45 pm
The only two concerns I have. Firstly the date mentioned on the letter is 14th September. But in your response you've put 18th. I am guessing this was on purpose, but I am just double checking.
A letter posted on the 14th is deemed served on the 18th i.e. two working days later (Saturday and Sunday don't count).

None of the pre-NTO correspondence adds anything.
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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: Islington PCN - Zone N - Contravention 01
« Reply #19 on: »
@cp8759

I've submitted it, under my wife's name, and kept a screenshot.

Thank you for your help.

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Re: Islington PCN - Zone N - Contravention 01
« Reply #20 on: »
Hello everyone, thank you for all the help so far!

I've got a response to my appeal to the NTO. Its a rejection, and I've uploaded Islington's response.





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Re: Islington PCN - Zone N - Contravention 01
« Reply #21 on: »
Well as they've not reoffered the discount, it is an absolute no-brainer to go to the tribunal: as long as no deadlines are missed the penalty cannot go up from here, it can only go down.

Would you like me 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
Re: Islington PCN - Zone N - Contravention 01
« Reply #22 on: »
Quote from: cp8759 on October 20, 2023, 11:24:24 pm
Well as they've not reoffered the discount, it is an absolute no-brainer to go to the tribunal: as long as no deadlines are missed the penalty cannot go up from here, it can only go down.

Would you like me to represent you at the tribunal?

I think what you say is correct, its a no-brainer now. I am just concerned over whether I will need to take time off of work to show up to a court or somewhere physically? What are the steps that need to be taken? And what kind of grounds would I be appealing this? So many questions!

What would the cost of representation be? And the NTO itself is in my wife's name, would she need to get involved as well?
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Re: Islington PCN - Zone N - Contravention 01
« Reply #23 on: »
Hearings are done remotely, and to be honest in 99% of cases you don't need to attend at all.

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
Re: Islington PCN - Zone N - Contravention 01
« Reply #24 on: »
DNC'ed.
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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
VICTORY!
« Reply #25 on: »
Sorry for the late post. It looks like cp8759 has already posted.

A huge, big, thank you to cp8759.
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  3. Islington PCN - Zone N - Contravention 01