3. PCN issued in under a minute of parking - Code 11
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Re: PCN issued in under a minute of parking - Code 11
« Reply #30 on: »
No, it's for your reps.

No, don't abandon the wrong contravention angle, it just gets introduced ...

..in any event, even if the Ts and Cs of use, which the driver subsequently understands require a P&D ticket to be obtained at a cost of £0.00, were conveyed the contravention grounds are incorrect: in short the council are demanding a penalty of up to £80 on the basis that a ticket was not purchased for the sum of £0.00. There are several adjudication decisions on councils' attempts to pursue a penalty on this basis, including the following:  *****.

The authority will notice that the council against which the adjudicator ruled in this case was Redbridge. It should therefore follow that officers would consider the driver's initial representations against this framework. However, as far as I can see from your reply dated *** the authority disregarded this decision which IMO constitutes a procedural impropriety, which is my second grounds of representation.

But wait for the views of others.
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Re: PCN issued in under a minute of parking - Code 11
« Reply #31 on: »
Understood! have re-added and love the way you've worded that additional section... If this doesn't over turn the appeal god knows what will, hopefully will be sending this all across tonight.

I've taken a photo of the road that shows no visible machines, also have taken a photo of the machine on the side road, but as it says not in use etc should I avoid attaching this - https://imgur.com/a/ccVcYf6
« Last Edit: July 08, 2024, 02:56:40 pm by LondonTraveller84 »
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Re: PCN issued in under a minute of parking - Code 11
« Reply #32 on: »
Quote from: LondonTraveller84 on July 08, 2024, 02:51:48 pm
Understood! have re-added and love the way you've worded that additional section... If this doesn't over turn the appeal god knows what will, hopefully will be sending this all across tonight.
In most cases the council refuses the representations and we have to appeal to London Tribunals, but frankly if this case is argued properly you can't lose. Just let us know if you get a notice of rejection from the council, and don't be tempted by the discount if they reoffer it.
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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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Re: PCN issued in under a minute of parking - Code 11
« Reply #33 on: »
Quote from: cp8759 on July 08, 2024, 10:54:28 pm
Quote from: LondonTraveller84 on July 08, 2024, 02:51:48 pm
Understood! have re-added and love the way you've worded that additional section... If this doesn't over turn the appeal god knows what will, hopefully will be sending this all across tonight.
In most cases the council refuses the representations and we have to appeal to London Tribunals, but frankly if this case is argued properly you can't lose. Just let us know if you get a notice of rejection from the council, and don't be tempted by the discount if they reoffer it.

So looks like the council discard my appeal and points I made, and ignored the fact their signage was incorrect! Their take is I should have paid online simple as.. Adjudication it will have to be.. Question is waht more can I add to adjudication if my points already covered the fact the signange stated a machine was, but there wasnt, by which point the ticket had been placed.

https://imgur.com/a/PdmrG06

Please do let me know how to go about this, as its the first time, a bit daunting..

Do you guys think the council actually check this forum to find and assist them in responding to appeals (ie premempting and knowing what our case will be and all reason discussed)?
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Re: PCN issued in under a minute of parking - Code 11
« Reply #34 on: »
Just nudging this one up :) any thoughts
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Re: PCN issued in under a minute of parking - Code 11
« Reply #35 on: »
Well, with no re-offer of the discount, it is a complete no-brainer to take them to London Tribunals as the penalty does not increase, and there are no additional costs. Their letter of refusal gives instructions on registering an appeal at London Tribunals.  All you need do at this stage is to state for your appeal "I rely on my formal representations"  You can add things in later before the hearing date if necessary, which is normally by phone.
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Re: PCN issued in under a minute of parking - Code 11
« Reply #36 on: »
Any news with your case? did you take it to the tribunal?
I have a similar PCN for not registering the free session with the app, because I missed the small letter on the notice. My appeal was rejected and wondering if I should go down the 'official representation' road or just pay the reduced 40£ fine...
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Re: PCN issued in under a minute of parking - Code 11
« Reply #37 on: »
Quote from: Edd177 on August 23, 2024, 03:28:23 pm
Any news with your case? did you take it to the tribunal?
I have a similar PCN for not registering the free session with the app, because I missed the small letter on the notice. My appeal was rejected and wondering if I should go down the 'official representation' road or just pay the reduced 40£ fine...
If you want advice, please start your own thread. However you can observe this one if you want.
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Re: PCN issued in under a minute of parking - Code 11
« Reply #38 on: »
OP, IMO there are several glaring procedural improprieties in the NOR which can be added to your appeal once registered.
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Re: PCN issued in under a minute of parking - Code 11
« Reply #39 on: »
Quote from: H C Andersen on August 24, 2024, 04:39:16 pm
OP, IMO there are several glaring procedural improprieties in the NOR which can be added to your appeal once registered.

HC Anderson - May I ask what additional procedureal improprieties that you are referring to are?

Incandescent - Noted, I thought the information has to be sent to council also so they can see and make a defence, if we were to add prior to the hearing date then surely this is not possible? Also surely it makes sense to just add all the points in one go? Will 'I rely on my formal representations' be sufficient for the adjudicator :O
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Re: PCN issued in under a minute of parking - Code 11
« Reply #40 on: »
There is a deadline after which you usually cannot enter any more evidence, but you don't have to inform the council, it is done by London Tribunals, who will pass you their evidence pack so you can read their case.
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Re: PCN issued in under a minute of parking - Code 11
« Reply #41 on: »
All a quick update, good news! 2 days before the adjudication hearing, I had a call to let me know the issuing council will no longer be taking this forward, so the incorrect signage was sufficient enough to counter this PCN
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Re: PCN issued in under a minute of parking - Code 11
« Reply #42 on: »
have you got that in writing? if not then do so.
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Re: PCN issued in under a minute of parking - Code 11
« Reply #43 on: »
Quote from: mickR on October 16, 2024, 07:05:04 pm
have you got that in writing? if not then do so.

Hi, Yes I received a letter shortly after, Should I keep hold of this for a x period of time before I can discard?

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