3. PCN - South Kensington (Hereford Square) - Not parked correctly within markings
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PCN - South Kensington (Hereford Square) - Not parked correctly within markings
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Paid parking but was issued PCN for “not parked correctly within the markings of the bay”. After paying extortionate parking fees in Central London (South Kensington & Chelsea - Hereford Square) was nevertheless issued this PCN. My wife could have parked better agree…my initial informal appeal was rejected…how can I successfully appeal this in a formal representation? It’s now gone to £120. What reasons can I give? See pics below

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Re: PCN - South Kensington (Hereford Square) - Not parked correctly within markings
« Reply #1 on: »
There's a strict process and deadlines for dealing with Penalty Charge Notices.

You're asking for help appealing a Notice to Owner that was sent over two months ago, which is a bit worrying.

There's a 28 day limit for paying or challenging a Notice to Owner. If you miss that, they close the appeals process and increase the penalty to £120. When they do this, they send another letter called a Charge Certificate.

You might want to check your mail carefully because London councils don't mess around and the chances that they haven't sent a charge certificate a month after they're entitled to are vanishingly slim.

Are you sure the Notice to Owner is the latest thing you've received from the council?
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Re: PCN - South Kensington (Hereford Square) - Not parked correctly within markings
« Reply #2 on: »
Nope only this so far. What reasons can I provide for an appeal if any?
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Re: PCN - South Kensington (Hereford Square) - Not parked correctly within markings
« Reply #3 on: »
Check the status of the PCN on the Council's web-site. How much are the Council demanding?
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Re: PCN - South Kensington (Hereford Square) - Not parked correctly within markings
« Reply #4 on: »

What reasons can I provide for an appeal if any?

Pick up your initial reps and submit again. It's still £120 but they could disregard even though a CC has not been issued.

My suggestion.

Dear Sir
I know that the authority rejected my initial representations but would ask that these are looked at afresh particularly given that I and the driver have unblemished PCN records (if true).

While it's clear that my car was parked across inter-bay lines, it's also the case that the square was empty and that no disbenefit was suffered by anyone. The driver also paid £*** to park. I submit that this should be a case where the authority chooses to exercise discretion either entirely or by re-offering the discount which, although not my preferred option, I would pay.

Thank you.

And send it today pl online. You don't have statutory defence grounds so pl don't waste time looking for any. No-one has a silver bullet* and discretion is your best bet at this point.

*- we haven't looked at the traffic order neither do you have time to do so.
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Re: PCN - South Kensington (Hereford Square) - Not parked correctly within markings
« Reply #5 on: »
Actually just found in the post a charge notice but for some reason when I log online I can still make a representation. Am I wasting my time here? As in once the charge notice has been issued it’s game over?
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Re: PCN - South Kensington (Hereford Square) - Not parked correctly within markings
« Reply #6 on: »
Try and make reps. Sorry to say this, but you are wasting time firing questions.

As I posted, they could disregard* even if a CC hasn't been issued.

* - the statutory time limit for the authority to have to consider formal reps is 28 days beginning on the day of service of the NTO. As observed by others, you're miles past this.

Come back here after you've tried to submit and update us pl.
« Last Edit: May 17, 2024, 11:01:56 am by H C Andersen »
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Re: PCN - South Kensington (Hereford Square) - Not parked correctly within markings
« Reply #7 on: »
@Drogo I recommend you do as H C Andersen suggests as a matter of urgency, if you have not done so already.

The traffic order will almost certainly be The Kensington and Chelsea (Charged-For Parking Places) Consolidation Order 2023 but you don't have time to look into that now.
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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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