Author Topic: Hillingdon, Code 62, pcn on driveway with one or more wheels on the footpath, Birchway Hayes  (Read 757 times)

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OP, let's be clear about these events pl.

The vehicle was carrying a load.

The intended location for this load was inside your house or beyond and you had to carry through the house.

Was the vehicle fully unloaded when the CEO issued the PCN?

If not, then one would expect the CEO's notes to show this because you would have shown them the remaining load, not just told them what you were doing.

The alternative - that you had completed unloading- and that the CEO's observations and serving of the PCN coincidentally occurred during your last trip might stretch an adjudicator's belief envelope.

Hi, My representation was rejected and letter though dated 27/06/24 only arrived last week, I don't think I have the postal envelope to verify this. I have also received NTO couple of weeks back but could not get to post it here. I am posting both the letters here for your review and advice.

NTO:

https://imgur.com/a/IVPtAi4

https://imgur.com/a/7tZU6PR

https://imgur.com/a/PjXmkbt

https://imgur.com/a/t0zw7QP

Rejection Letter:
https://imgur.com/a/q4wNaFR

https://imgur.com/a/1bW6fKJ

https://imgur.com/a/4dqALZk

Many Thanks



My replies below:

OP, let's be clear about these events pl.

The vehicle was carrying a load.

The intended location for this load was inside your house or beyond and you had to carry through the house. -- Rear Garden, so had to carry it through the house.

Was the vehicle fully unloaded when the CEO issued the PCN? --No

If not, then one would expect the CEO's notes to show this because you would have shown them the remaining load, not just told them what you were doing.  - He  ignored anything I said and said, it is too late now.

The alternative - that you had completed unloading- and that the CEO's observations and serving of the PCN coincidentally occurred during your last trip might stretch an adjudicator's belief envelope.

Hello Experts,

Any advice on what to do next on this one please? I might be reaching deadline for this.

Thanks

???

You received a NTO dated 26 July which you posted here on 21 August.

The latest date for making formal reps against the NTO is TODAY.

Did you make reps when you received the NTO?

The letter you've posted is their response to your informal reps and nothing to do with matters now.

Get online, make formal reps(assuming the NTO is addressed to you) citing grounds of:
Procedural impropriety;
Contravention did not occur.

Procedural impropriety:
NTO was not posted on the date it was issued, 26 July being a Bank Holiday. This is contrary to regulation 20(3)(a) of the General Regs 2022.

Contravention did not occur:
I was unloading, which is an exemption from the prohibition(not mitigating circumstances but an exemption) and this could not otherwise have been performed. ***** expand on this with your own words.






???

You received a NTO dated 26 July which you posted here on 21 August.

The latest date for making formal reps against the NTO is TODAY.
Not sure how you got to that, an NTO posted on 26 July (a Friday) is deemed served on 30 July, so the 28th day is Monday 26 August. I suggest you just reiterate your previous representations, in truth I think the council will reject no matter what you say, but there's a pretty clear-cut argument to be made on appeal to the tribunal (specifically around the ground of appeal listed on the council website).

Don't forget to take a screenshot of the confirmation page once submitted.
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

Hi,

Thanks both for your reply. I have submitted the appeal with the same grounds as last time, taken a screenshot of submission and also received the email confirmation of the appeal.

Will let you know once I receive their reply.

Thanks

Doh...my misread of the calendar!

But the point remains, OP if you leave matters until the last moment then you could miss strict deadlines.

Would you post your submission pl.