Author Topic: Southend, code 12 Parked in a resident or shared, Stanley Road (kursaal)  (Read 1287 times)

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@chopwell20 I will PM you a link to put in the representation, it will redirect to here but if you give them the link I'll PM you, we can use the click count to confirm whether they've looked at it or not (obviously do not click on that link yourself as we want the click count to remain at zero). If they don't click on it, we can then prove they've failed to consider all of the evidence. If they say in the rejection that they've considered all the evidence, we've got them for lying as well.

Dear Southend-on-Sea Borough Council,

The PCN carries a premium rate telephone number, and I contend that as in Bateman available at LINK this results in the amount demanded exceeding the amount due by law. While I appreciate other payment methods are available, binding authority from the High Court in the case of London Borough of Camden v The Parking Adjudicator & Ors [2011] EWHC 295 (Admin) determined that where one payment method carries a surcharge, the availability of other payment methods is irrelevant and the penalty demanded is excessive.

It follows that the penalty charge must be cancelled.

Yours faithfully,


Send this via the council website and keep a screenshot of the confirmation page.
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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@chopwell20 I will PM you a link to put in the representation, it will redirect to here but if you give them the link I'll PM you, we can use the click count to confirm whether they've looked at it or not (obviously do not click on that link yourself as we want the click count to remain at zero). If they don't click on it, we can then prove they've failed to consider all of the evidence. If they say in the rejection that they've considered all the evidence, we've got them for lying as well.

Dear Southend-on-Sea Borough Council,

The PCN carries a premium rate telephone number, and I contend that as in Bateman available at LINK this results in the amount demanded exceeding the amount due by law. While I appreciate other payment methods are available, binding authority from the High Court in the case of London Borough of Camden v The Parking Adjudicator & Ors [2011] EWHC 295 (Admin) determined that where one payment method carries a surcharge, the availability of other payment methods is irrelevant and the penalty demanded is excessive.

It follows that the penalty charge must be cancelled.

Yours faithfully,


Send this via the council website and keep a screenshot of the confirmation page.

amazing - as some would say nib on the bud. i guess i am saying it correctly.
« Last Edit: May 23, 2024, 07:19:26 pm by chopwell20 »

Morning .. just to add my experience. NTO representation was made as advised and screenshot were taken but no confirmation received from council, and acknowledged the importance of screenshot in this scenario.

Kind regards.
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@cp8759 hope all is well.
i receeived my notice of rejection today.
attaching all redacted pages here for further instructions please.

Kind Regards.







Re: Southend, code 12 Parked in a resident or shared, Stanley Road (kursaal)
« Reply #19 on: »
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: Southend, code 12 Parked in a resident or shared, Stanley Road (kursaal)
« Reply #20 on: »
Outcome.
Adjudicator Robinson seems to be playing fast and loose with the requirements of the regulations. A copy of a PCN must be a copy of it; how can "substantial compliance" apply to a legal requirement is beyond me.