Author Topic: Re: 27 - Parked in a special enforcement area adjacent to a footway, lowered ... STREATHAM  (Read 2436 times)

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Hi, really sorry for the late reply to this topic, but I'll help out the best way I can.
This 'contravention' is NOT enforceable. This case is an exact carbon copy of the previous Hopton Road case listed on this forum.

Here is the representation I made:


Of course, Lambeth Council naturally reject this rep with a boilerplate rejection letter:



I then appealed, and it went to adjudication London Tribunals ETA.

At this point, I  kindly received the help of knowledgeable Board member @Pastmybest. I had to write a simple signed letter authorising @Pastmybest to act as my representative at the tribunal in the matter of the PCN number xxxxxxx.

I then had to send:
- PCN
- NTO (Notice to Owner)
- My representation in full without redaction (the one you see above).

Pastmybest elected to attend the tribunal by telephone - there is no need for you to attend in person once you have delegated authorisation to him.

In my case, there were two technical arguments that pertain to the councils duty to both consider the representations and also their duty to provide information to the tribunal within a 7 day timescale.

Approximately two days later, after @Pastmybest notified the tribunal that he was acting as my representative, I strangely out of the blue received notification that Lambeth Council were dropping the issue and no longer contesting the case:

And that was that. Essentially, the whole Hopton Road honeytrap can be summed up in one sentence:

"Never ascribe to malice what can be put down to incompetence."

Hope this helps, and good luck with your case, and let us know the outcome.
« Last Edit: September 29, 2024, 11:12:07 pm by LemonTootski »
A Lemon Tootski - a term I call for that lovely lemon Fixed Penalty Sticker that appears on your windscreen, after a nice day out with the kids.

A Lemon Tootski: The only souvenir from your family day out that really sticks with you!

Just to update, I lodged an appeal with the London tribunals E&TA last week to represent myself at an in person hearing. I stated it was unclear which of the statutory requirements of TMA 2004 this dropped kerb satisfied and that my previous representations had not been considered. I then said I would rely on Lambeth's submissions and would await the hearing which was scheduled for the end of the month.

I got an email this morning stating that Lambeth will not contest my appeal.

Very well done ! You held their hand to the fire.

Well done, that is good news.

It's akin to a game of cards sometimes. The council showed their hand (wrongfully stating what the contravention was for), and with this knowledge, you were able to determine their assertion was totally unenforceable.

Well done. Let's hope more people benefit from this.
A Lemon Tootski - a term I call for that lovely lemon Fixed Penalty Sticker that appears on your windscreen, after a nice day out with the kids.

A Lemon Tootski: The only souvenir from your family day out that really sticks with you!