3. Rejected PCN appeal
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Rejected PCN appeal
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Hi Guys,
This is URGENT!
My PCN appeal has been rejected. I parked slightly over the lowered kerb in front of someone’s driveway and this person called the council and asked the traffic warden to issue the PCN. The deadline for appeal is tomorrow. Please see the body of the letter and advise. The order of pages is 1, 3, 2.  Thanks a million!

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Re: Rejected PCN appeal
« Reply #1 on: »
Just wait for the Notice to Owner and post it on here when you get it. Don't worry about the discount, they'll reoffer it at the next stage anyway, and I'm highly confident we can get this PCN cancelled at the tribunal in any event.
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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
Re: Rejected PCN appeal
« Reply #2 on: »
Good evening!
I followed your advice and didn't pay the penalty fee. I now received a ‘Notice to Owner’. What shall I do next?  Appeal it?
Thank you in advance for your guidance on it.
Warmest regards,
Dot

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Re: Rejected PCN appeal
« Reply #3 on: »
Please post up clear copies of all pages of the Notice to Owner so we can fine tooth comb it for errors. This is often how we winn, technicalities
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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: Rejected PCN appeal
« Reply #4 on: »
Hi there,
I believe I‘ve uploaded it. Let me try again.

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Re: Rejected PCN appeal
« Reply #5 on: »
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Re: Rejected PCN appeal
« Reply #6 on: »
Can we see waht you said in your informal challenge please and is there paperwork to support loading?
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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: Rejected PCN appeal
« Reply #7 on: »
@Dottoy any update on this please?
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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
Re: Rejected PCN appeal
« Reply #8 on: »
Hello there,
Apologies for the delay. I'm away with limited access to wifi.
Please, find below the body of my appeal.
“I want to appeal the PCN dated 16.05.23.I parked my little car next to the kerb on a residential road which is located behind the bottom of the High Street to take my donations to a charity shop. I couldn't find a parking space anywhere near the charity shop, so I circled the neighbouring area for a while. I saw the car driving off this little spot and decided to park there. It was in the front of a semi-detached house with a very wide driveway, big enough for 3 cars. I tipple-checked if I wasn't causing an obstruction. I dragged my donations to a charity shop and on my return, I almost cried when found a PCN behind the wiper. Even though the kerb seemed to be on a shorter side I would never thought I would be causing a nuisance or causing an offence. I am a very careful driver and always respect road signage and restrictions. The time of PCN is 11:21-11:21 so no observation time. I feel it was issued very unfairly. All I wanted to do was a good deed. Please cancel this PCN. Thank you!’
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Re: Rejected PCN appeal
« Reply #9 on: »
No photos ?
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Re: Rejected PCN appeal
« Reply #10 on: »
@Dottoy the NTO is defective so this is pretty close to an open and shut case. Here's a draft for you:

Dear London Borough of Bromley,

I rely on my informal representations in the first instance.

Furthermore, the notice to owner wrongly states that the penalty must be paid within 28 days of the date of the notice, rather than 28 days from the date of service of the notice. This is a procedural impropriety on the basis of which the PCN must be cancelled in any event.

Yours faithfully,
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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
Re: Rejected PCN appeal
« Reply #11 on: »
Hi guys!
I finally got a letter in the post. My PCN has been cancelled.They recognised it now as a genuine misunderstanding.
Hurray! 
Thank you for your advice and support :)
Regards,
Dot

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Re: Rejected PCN appeal
« Reply #12 on: »
Beautifully written prestidigitation from the council, but it's a win. Very well done !!
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Re: Rejected PCN appeal
« Reply #13 on: »
Their first response to my appeal stated something quite the opposite. It's interesting that they ‘changed their perspective’ on it a few months down the line. ;D
You’re suggestions worked regardless! I'm very happy we won this procedural nonsense.
I’ll be signing off now.  Thanks again!
Regards,
Dot 

 
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