Free Traffic Legal Advice

Hi everyone - moving this over from pepipoo:
http://forums.pepipoo.com/index.php?s=&showtopic=149716&view=findpost&p=1776962


Please see attachments:
PCN Front: https://ibb.co/D4wmjPM
PCN Back: https://ibb.co/hLLgWhW


Informal Rejection 1: https://imgbb.com/D9JyXQJ
Informal Rejection 2: https://imgbb.com/sFBftyZ


NtO (received 09/06/23)
NtO_Pg1: https://imgbb.com/LvjqJ0R
NtO_Pg2: https://imgbb.com/sq1HKxk
NtO_Pg3: https://imgbb.com/XFGvvd9
NtO_Pg4: https://imgbb.com/56r2RT8


Was given helpful advice to draft reps based on:
http://forums.pepipoo.com/index.php?s=&showtopic=149716&view=findpost&p=1783935


some outstanding questions:
1) scheduled a move in the coming weeks (2nd week of July) - is there anything to be done regarding the new address notification to LBBD?

2) I have tried to navigate the lBBD site for challenging the PCN and note that the challenge options given there are quite different to those in the NtO, e.g. there is no option for "procedural impropriety" online. The NtO mentions statutory representations, but I can't see mention of this online either, the website just mentions appeal scenarios / categories.

Also, it only allows me to select one option only. should i select "None of the above: Any other reason" then and submit the reps below in the text box? It does say this at the top though that "We will consider your appeal according to our appeals policy. If your reason for appeal is not listed in the policy, we are unlikely to accept it. However we will still consider your case individually."

Does that mean that if I select "none of the above" then realistically, i am looking at a rejection at this stage as well? There were some previous posts on pepipoo which did talk about restricting grounds to one to be a ground for appeal as well - is that the case here too?


2) I was asked about finding the LBBD appeals policy in pepipoo. Whilst I have sent an FOI email requesting for it, but I just noticed CP's PCN spreadsheet and there does seem to be a policy there, although I couldn't find anything relevant there (in my layman's reading): http://bit.ly/2L9M2dl

The draft reps:

Dear Sir/Madam,

I am making writing to you to make representations against the PCN issued to me on 29/03/23. The Notice to Owner (NtO) dated 07/06/23 mentions that representations can be made online and provides some statutory grounds for the representations.
However, it is quite confusing that the grounds mentioned in the NtO are different to the “appeal reasons” available on your website (https://www.lbbd.gov.uk/parking). In additions, the website only allows the option to select a single reason for appeal.

The website further mentions that “We will consider your appeal according to our appeals policy. If your reason for appeal is not listed in the policy, we are unlikely to accept it.” Given the differences between the reasons mentioned on page 3 (HOW TO MAKE REPRESENTATIONS) of the NtO and the reasons provided on the website, it is not clear at all how the statutory representations align with the policy appeal reasons mentioned on your website. Further, I am unable to find your appeals policy on your webpage: https://www.lbbd.gov.uk/council-and-democra...cy-and-guidance
and nothing relevant is returned when doing a search for the appeals policy on LBBD's website search-engine.

Nevertheless, I am making representations due to there being a procedural impropriety in the PCN on the part of yourselves, the enforcement authority.
The PCN has omitted a key piece of information regarding what to do if informal reps have been submitted, and a Notice to Owner is received, without any response to the informal reps.

Extract from the The Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022:
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.

Given the above noted omission of mandatory information in the PCN, the PCN must be cancelled.
Yours sincerely,