Author Topic: PCN from Wandswoth council on a football day  (Read 409 times)

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Choice4

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PCN from Wandswoth council on a football day
« on: May 15, 2024, 07:50:18 pm »
Please can someone help!
I got a parking ticket from Wandswoth council on Saturday 27th of April on contravention 12( parking without permit)
But as this was a Saturday i didn’t need permit to park.
Sometimes when there is football on for AFC Wimbledon there is a notice as you enter the street to warn you of event day , but on this day there was no notice
I appealed the ticket and it was rejected saying there was football on in this day and there was a notice on entry of E1 only, there was no notice on entry for G1 where I was parked

Please can I contest this further or pay up, I have attached the PCN, and the appeal rejection letter
They used to put up notice on G1 entry on event days but they don’t anymore

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Incandescent

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Re: PCN from Wandswoth council on a football day
« Reply #1 on: May 15, 2024, 09:40:45 pm »
Please give us a link to the relevant zones.

Where a street in one of the zones runs into another of the zones, one would not normally expect an EVD sign at the boundary between two zones that are part of the EVD scheme. EVD signs must be placed where one enters one of the relevant zones.

Choice4

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Re: PCN from Wandswoth council on a football day
« Reply #2 on: May 15, 2024, 09:50:34 pm »
The road is Garrat lane in Tooting SW17

Please how do I send the link to the zone

I didn’t see any notice at the beginning of the road although they used to put it before

Choice4

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Re: PCN from Wandswoth council on a football day
« Reply #3 on: May 15, 2024, 10:04:33 pm »
This is the type of notice they put at the beginning of the street on E1 but i took a picture on that day and this notice wasn’t there although the council letter was saying there was a notice on E1
There was none

Incandescent

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Re: PCN from Wandswoth council on a football day
« Reply #4 on: May 15, 2024, 10:19:29 pm »
I understand what you're getting at now. With an event day sign right by the sign for one of the zones, but with no applicable zones on it, it could be considered confusing if you then pass a sign for another zone with no event day sign. You could be mislead into thinking there were no restrictions for that zone.

So if you want to take this further, you'll have to wait for the Notice to Owner and submit a formal representation on the above lines. Note that whilst the discount option is lost, they normally re-offer it when rejecting reps, although there is no guarantee on this.

Others may wish to comment so do wait a bit. 

cp8759

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Re: PCN from Wandswoth council on a football day
« Reply #5 on: May 20, 2024, 09:14:22 pm »
@Choice4 please read the guidance here and then re-post the PCN without any redactions. Also please give us the location of the exact spot where you entered zone G1.

I do agree you have a viable case, if zone G1 is an event zone the signs should say so and if the zone sign did not tell you about this, the signage is inadequate IMO.
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 nor 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.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

Choice4

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Re: PCN from Wandswoth council on a football day
« Reply #6 on: May 20, 2024, 09:40:44 pm »
I am sending the link



The road is garratt lane which starts from Tooting Broadway all the way to Wandsworth
At the end of E1 zone there is a round about one goes to Wimbledon Road and the other continues as garratt lane and that’s when G1 zone begins

Normally there is a notice at the beginning of the round about as you enter G1 zone from E1 to inform motorists of event days but on this day there was no notice as I went back and took pictures that same day and I didn’t see the notice
Unless they now put the notice in a different location which wasn’t visible,
The rejection letter from Wandsworth could claims there was a notice on E1 entrance but i didn’t see it when I took photos
« Last Edit: May 27, 2024, 08:53:00 pm by cp8759 »

Choice4

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Re: PCN from Wandswoth council on a football day
« Reply #7 on: May 25, 2024, 08:52:12 am »
I still haven’t received a notice to owner
How long does it usually take

I drove around yesterday and I have seen where they put a sign on E1 but it is misleading as it has a date and not a year also it is not at the beginning of G1 but at the beginning of E1 zone
So it is misleading to motorists especially those who don’t enter the road from E1 entrance

Incandescent

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Re: PCN from Wandswoth council on a football day
« Reply #8 on: May 25, 2024, 10:45:54 am »
This is what the Statutory Guidance says: -
Quote
Issuing the notice to owner
If the penalty charge is not paid the enforcement authority may issue a notice to owner (NtO). The purpose of this is to ensure that the PCN was received by the vehicle owner and to remind the vehicle owner that the payment in full is now due and, if it is not paid within a further 28 days, it may be increased.

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 [footnote 33] from the ‘relevant date’. There should be a very good reason for waiting that long to serve an NtO. The regulations set out the information that the NtO must [footnote 34] give.

There are different requirements when the penalty charge notice acts as the NtO - see the section in this guidance on ‘Enforcement using approved devices’).

Authorities must [footnote 35] specify on the NtO (or the PCN when served by post) the statutory grounds on which representations may be made. Where a photograph or other camera evidence shows that the parking contravention took place, authorities should send this with the NtO as it should help to prevent unfounded representations.

Where a penalty charge is served on a vehicle with a diplomatic registration plate, but no payment is received within 28 days, an enforcement authority should not issue an NtO but keep a record of the unpaid penalty charge.

Every year the Foreign and Commonwealth Office will request details of all unpaid penalty charge notices and then seek payment from the relevant contraveners.

https://www.gov.uk/government/publications/civil-enforcement-of-parking-contraventions/guidance-for-local-authorities-on-enforcing-parking-restrictions#policy-and-administrative-functions


Choice4

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Re: PCN from Wandswoth council on a football day
« Reply #9 on: May 25, 2024, 01:09:10 pm »
Thank you
I guess I will have to wait until I receive it

cp8759

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Re: PCN from Wandswoth council on a football day
« Reply #10 on: May 27, 2024, 08:57:39 pm »
Well the CEO didn't take a photo of any zone entrance signs at all:



















If this is all they can come up with at the tribunal, a submission of no case to answer might suffice. You certainly don't want to mention any evidential deficiencies in your representations though, as you don't want to forewarn them and give them a chance to submit better evidence to the adjudicator.
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 nor 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.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

Choice4

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Re: PCN from Wandswoth council on a football day
« Reply #11 on: May 28, 2024, 06:05:57 am »
True
How do I delete that post or edit it

John U.K.

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Re: PCN from Wandswoth council on a football day
« Reply #12 on: May 28, 2024, 07:36:47 am »
True
How do I delete that post or edit it


Click on 'Modify' at top r-h corner of each of your own posts. (N>B> this function expires after a few days)

Choice4

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Re: PCN from Wandswoth council on a football day
« Reply #13 on: June 11, 2024, 08:13:25 pm »
I received notice to owner today
Please can someone help me regarding what to do for the next step
There are a list of options to select on grounds for representation which I can make online

I haven’t done this before but my grounds are
1. There were no clear signs in zone G1 informing me that there was a football match on that day
I was told the sign was at the beginning of E1 but if one didn’t enter the road from E1 it would not be seen
And no evidence of the sign was attached to the photographic images on line
Is this enough to write or do I need to write more
Thanks

Choice4

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Re: PCN from Wandswoth council on a football day
« Reply #14 on: June 12, 2024, 06:18:48 am »
See notice to keeper which option do I select

https://imgur.com/a/murXhQf