Author Topic: PCN received at Twine Court E1  (Read 1208 times)

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Re: PCN received at Twine Court E1
« Reply #15 on: »

OP, photo no.4, presumably taken by the CEO, shows what appears to be your car outside a bay with the driver's door open!

Re: PCN received at Twine Court E1
« Reply #16 on: »
OP, photo no.4, presumably taken by the CEO, shows what appears to be your car outside a bay with the driver's door open!
That's not a CEO photo.
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: PCN received at Twine Court E1
« Reply #17 on: »
Hi,
I got a reply back from the council please see attached and advise what I can do.
Thanks

https://ibb.co/dp32tJx
https://ibb.co/6R7g9Cm

Re: PCN received at Twine Court E1
« Reply #18 on: »
I still think that 6(a)(iii) of the Order exempts a Blue Badge vehicle regardless of the signage going into this car park.

a vehicle which is waiting in any pay and display or shared use parking
place which is not suspended and with blue badge holder availability
and displaying a valid blue badge and where required a parking disc.


Not particlarly clear but it seems to offer an exemption.

Mike

Re: PCN received at Twine Court E1
« Reply #19 on: »
Hi
Does anyone have any other suggestions on how I can appeal and win this.

The photos does not show the car registration number isn’t it a requirement that it has to be on the photos and the sign is quite high maybe more then 7 feet. Don’t know if that is more than the legal limit.
Thanks

Re: PCN received at Twine Court E1
« Reply #20 on: »
I don't think it's a pay and display or shared use parking place, so I'm not sure that the exemption applies.

Nonetheless, I would wait for the Notice to Owner and make representations again, as the council is legally require to consider them afresh.
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: PCN received at Twine Court E1
« Reply #21 on: »
Hi all,
I got the notice to owner.
Please see attached and kindly advise.
Thanks
https://ibb.co/JrwFC5h%0Ahttps://ibb.co/dQd5f2r%0Ahttps://ibb.co/DgZQttw%0Ahttps://ibb.co/9vKRB2Y%0Ahttps://ibb.co/mb9PRXQ

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Re: PCN received at Twine Court E1
« Reply #22 on: »
Send the same representation again.
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: PCN received at Twine Court E1
« Reply #23 on: »
What are the chances of winning this and does it help that the photos don’t show the car registration number

Re: PCN received at Twine Court E1
« Reply #24 on: »
What are the chances of winning this and does it help that the photos don’t show the car registration number
Hard to say, and no the issue of the car reg doesn't help at all.

The key point is that at this stage the discount is not on offer, so as long as you don't miss any deadlines the penalty from here on can only go down (possibly to zero), it cannot go up. So there's no point in paying now, you might as well challenge.
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: PCN received at Twine Court E1
« Reply #25 on: »
Hi there,
Got a reply back to the appeal
Please advise if I should appeal to tribunal.
Also does the PCN need to be signed or not.
Thanks

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Re: PCN received at Twine Court E1
« Reply #26 on: »
OK, so they've re-offered the discount, but there is some real tosh in their letter

"It remains the responsibility of the driver to check in advance what the parking provisions are. This can be done by researching online or asking the people you are visiting"
and
"There are parking provisions throughout London, so checking parking provisions or restrictions in advance of a visit should be common practice"

Really ? So where is all this written down as a requirement of motorists ?

The motorist should be able to rely on traffic signs at his destination. That is the legally mandated method of informing motorists of restrictions defined in traffic orders. So when I decide to visit my cousin in Peebles, I need to go on-line to check the Peebles traffic restrictions ?

I think I'd be strongly tempted to take them to London Tribunals, but it's your money not mine.

Re: PCN received at Twine Court E1
« Reply #27 on: »
I have 5 tribunal decisions by 2 seasoned adjudicators that the Pcn 28 day wording is wrong. CP8759 also has one from Portsmouth. I 95% expect to win your case if instructed. Email mrmustard@zoho.com

One of the tribunal decisions is 2230487346
I help you pro bono (for free). I now ask that a £40 donation is made to the North London Hospice before I take over your case. I have an 85% success rate across 2,000 PCNs but some PCNs can't be beaten and I will tell you if your case looks hopeless before asking you to donate.

Re: PCN received at Twine Court E1
« Reply #28 on: »
So should I appeal to the tribunal or pay and make a complaint to the council about no parking for disabled people and hope to get PCN cancelled or refunded

Re: PCN received at Twine Court E1
« Reply #29 on: »
If you pay the PCN that's it, you have foregone the option to submit representations and to appeal to adjudicators