3. Re: 27 - Parked in a special enforcement area adjacent to a footway, lowered ... STREATHAM
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Re: 27 - Parked in a special enforcement area adjacent to a footway, lowered ... STREATHAM
« Reply #15 on: »
How long do I have to formally appeal once I've received the notice to keeper?
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Re: 27 - Parked in a special enforcement area adjacent to a footway, lowered ... STREATHAM
« Reply #16 on: »
How long do I have to formally appeal once I've received the notice to owner?
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Re: 27 - Parked in a special enforcement area adjacent to a footway, lowered ... STREATHAM
« Reply #17 on: »
Quote from: gge12 on July 24, 2024, 08:49:50 pm
How long do I have to formally appeal once I've received the notice to owner?

 28 days from date of service. IS THE V5C registered at the correct address. Check don't assume
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Re: 27 - Parked in a special enforcement area adjacent to a footway, lowered ... STREATHAM
« Reply #18 on: »
Thanks have now received the NTO. Can anyone help me with making representation please? On the grounds that 'the traffic order which is alleged to have been contravened was invalid'.
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Re: Re: 27 - Parked in a special enforcement area adjacent to a footway, lowered ... STREATHAM
« Reply #19 on: »
I'm sure we can help, but we need to see the NTO so we know what we are responding to. All sides of all pages please!
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Re: 27 - Parked in a special enforcement area adjacent to a footway, lowered ... STREATHAM
« Reply #20 on: »
Please see link below for NTO:
https://imgur.com/a/UpnCMd5
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Re: 27 - Parked in a special enforcement area adjacent to a footway, lowered ... STREATHAM
« Reply #21 on: »
Please can someone help with this? Time is running out. Or should I use just the same response as my original appeal? Thanks
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Re: 27 - Parked in a special enforcement area adjacent to a footway, lowered ... STREATHAM
« Reply #22 on: »
Quote from: gge12 on August 18, 2024, 05:39:42 pm
Please can someone help with this? Time is running out. Or should I use just the same response as my original appeal? Thanks

You have until Tuesday of next week the 27th I will draft something in the next day or so. If you do not hear from me by Thursday send me a PM to prompt me
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Re: 27 - Parked in a special enforcement area adjacent to a footway, lowered ... STREATHAM
« Reply #23 on: »
OP, it's nothing to do with a traffic order because the prohibition is statutory.

PMB will guide you.
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Re: 27 - Parked in a special enforcement area adjacent to a footway, lowered ... STREATHAM
« Reply #24 on: »
I have had a re read of the thread the challenge and the rejection of the challenge. We want them to maintain their position that the reason for the DK was to allow access to the building.

With that in mind send the same again but omit the paragraph about the cycle access

post exactly what you intend to send here before you send
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Re: 27 - Parked in a special enforcement area adjacent to a footway, lowered ... STREATHAM
« Reply #25 on: »
Thanks for your help with this. Am intending to submit the following representation via the online portal:

Dear London Borough of Lambeth,

It is only a contravention to park adjacent to a dropped kerb if the kerb has been lowered for one of the statutory purposes listed in section 86 of the Traffic Management Act 2004. It is obvious from the Google Street View history that this particular dropped kerb was originally installed as a bin access ramp for the bins stored in Stanedge Court, see the image from July 2008 at https://maps.app.goo.gl/TSeQBmMtahEK7yreA

However by September 2020 access to this lowered kerb from Stanedge Court had been blocked off by the installation of a permanent fence, as shown by the image at https://maps.app.goo.gl/xt9in4vkLXkPxhxs6

That fence was present at the time of the alleged contravention and as far as I am aware, is still there.

As such the kerb no longer fulfills any of the statutory purposes at section 86 of the TMA 2004, even if one accepts that the kerb was ever lowered for the purposes of the statute.

I refer you to the case of Abigail Mendy v London Borough of Enfield (2160476330, 4 January 2017) and while I know councils love the mantra that first-instance cases are not binding, there is simply no reason to suppose the tribunal would reach a different conclusion in this instance.

In light of the above the alleged contravention did not occur, and the penalty charge must be cancelled.

Yours faithfully,
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Re: 27 - Parked in a special enforcement area adjacent to a footway, lowered ... STREATHAM
« Reply #26 on: »
Thats fine send  it. I will deal with any appeal if you wish
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Re: 27 - Parked in a special enforcement area adjacent to a footway, lowered ... STREATHAM
« Reply #27 on: »
Yes please, just received the inevitable rejection of my formal appeal:
https://imgur.com/a/AvCbyB7
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Re: 27 - Parked in a special enforcement area adjacent to a footway, lowered ... STREATHAM
« Reply #28 on: »
It's just a boilerplate rejection which ignores your reps and which they hope will buy you off with the discount, but should be an easy win. I would register an appeal with the tribunal - I doubt they will contest.
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Re: 27 - Parked in a special enforcement area adjacent to a footway, lowered ... STREATHAM
« Reply #29 on: »
It's a boiler plate rejection as Stamf says, but more than that it does not deal with the representation in any way. That is a ground of appeal of it's self

I will go through the thread and draft an appeal in the next few days remind me if i have not done so by next week
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  3. Re: 27 - Parked in a special enforcement area adjacent to a footway, lowered ... STREATHAM