Author Topic: SOUTHWARK - 08 PARKED IN A RESIDENTIAL/PAY & DISPLAY BAY - POPE STREET - YELLOW BOX - DISCOUNTED STAGE  (Read 738 times)

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Hi Guys,

I have a valid permit for my estate parking. The entrance was blocked to my permit bay area, which has only one entrance and exit. This was at 2am in the morning of 10/04/2024, My neighbours bared witness to the entrance being blocked by a broken-down vehicle (not sure whom the driver was). So I had to park near the entrance in a pay and display bay with no option. Unfortunately, I didnt get the vehicles photo or details to the vehicle blocking my entrance with the broken-down vehicle But my neighbour was there trying to help and is happy to help with this PCN.

The Pcn is on its last few days at the discounted rate.

I have already tried to appeal but to no avail. They rejected the PCN challenge quoting - im the responsible party and the PCN is valid.
I dont agree with this.


I would like help on how to go about this and any advice on what rights i have moving forward please?


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For meaningful advice please have a read of
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/

and post here both sides of the unredacted PCN, your challenge and their rejection, together with a GSV link to the location.

@m.gun as above we need you to post the relevant documents if you want to receive any meaningful advice.
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

IF YOU RECEIVE A MOVING TRAFFIC PCN PLEASE READ THIS BEFORE MAKING A REPRESENTATION:

https://www.ftla.uk/the-flame-pit/moving-traffic-pcns-missing-mandatory-information-the-london-local-authorities-a/msg102639/#msg102639


How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

I am not omniscient. cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

My e mail address for councils:

J.BOND007@H.M.S.S.c/oVAUXHALLBRIDGE/LICENSEDTOEXPOSE.SCAMS.CO.UK

Last mission accomplished:

https://www.ftla.uk/the-flame-pit/southwark-to-r

I am taking charge of this one.  Meanwhile, this even before the NtO has arrived and formal repersenatations have been made:

Penalty Charge Notice details
• Ticket Reference
JK13159926
• Your PCN is at Notice to Owner stage. PCN process information
• Vehicle Registration Number
YF08XTE
• Colour
Red
• Make
BMW
• Contravention
12s - Parked in a residents' or shared use parking place or zone without a valid virtual permit or clearly displaying a valid physical permit or voucher or pay and display ticket issued for that place where required, or without payment of the parking charge (shared use bay)

• Location
POPE STREET

• First seen at
Wed, 10 Apr 2024 8:48
• Issued at
Wed, 10 Apr 2024 8:50
• Served by
Affixed to Vehicle
The amount outstanding on the Penalty Charge Notice will increase to £195.00 on Sun, 21 Jul 2024. Please pay £130.00 now.
You have already challenged this PCN and we replied on Tue, 7 May 2024. You cannot challenge twice


***************

Website grounds:

resident's permit
If you explain the problem you had with your permit, we will reconsider your case and then reply to you. To do this, click Continue.
 
I tried buying parking time using my mobile
If you explain the problem you had trying to pay by phone, we will reconsider your case and then reply to you. To explain the problem, click Continue.
 
I was loading (goods or personal belongings)
We will reconsider your case if you provide us with more information. Depending on what you were loading or unloading, we may need to see a delivery note, a receipt/invoice for goods or a job sheet. To do this, click Continue.
Among other things, we will check:
that what you were doing counts as loading or unloading; and
that you only parked as long as necessary for the loading or unloading that you did.
 
my car broke down
We will reconsider your case if you upload a breakdown company report or a receipt/invoice for parts, removal or repair. To do this, click Continue.
Among other things, we will check that:
the breakdown was unforeseeable rather than, for example, running out of fuel;
the document is from a proper organisation;
the vehicle was not left for longer than 24 hours before being removed.
 
we're a utility company and were carrying out work
We will reconsider your case if you upload your job sheet. To do this, click Continue.
Among other things, we will check that:
the job sheet refers to the relevant vehicle, location, date and time;
the work being done was emergency work;
the vehicle was parked in an acceptable place; and
the vehicle stayed only for as long as necessary for the emergency work being done.
 
Search all reasons
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Pay
« Last Edit: June 14, 2024, 02:31:56 pm by Hippocrates »
IF YOU RECEIVE A MOVING TRAFFIC PCN PLEASE READ THIS BEFORE MAKING A REPRESENTATION:

https://www.ftla.uk/the-flame-pit/moving-traffic-pcns-missing-mandatory-information-the-london-local-authorities-a/msg102639/#msg102639


How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

I am not omniscient. cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

My e mail address for councils:

J.BOND007@H.M.S.S.c/oVAUXHALLBRIDGE/LICENSEDTOEXPOSE.SCAMS.CO.UK

Last mission accomplished:

https://www.ftla.uk/the-flame-pit/southwark-to-r
Like Like x 1 View List

Dear Southwark Parking Services

I am Mr Smiley's  ;) authorised representative. I am privy to all correspondence pertaining to this matter and make the following formal representations:

1. Please consider his original challenge again and exercise your discretion under the prevailing circumstances.
2. I attach the results of two visits to your website, the first one was made today. The contents are self-explanatory in that they provide wholly irrelevant grounds as well as containing a clear threat (in red) to issue a Charge Certificate which is wholly contrary to the Statutory Scheme and, indeed, other issues.

In light of the above, and notwithstanding the fact that I am an experienced representative, prejudice is irrelevant as per the oft-cited case of Moses v Barnet Neutral Citation Number: [2006] EWHC 2357 (Admin)  CO/3355/2006 *and so it follows that I request cancellation of the said PCN and NtO.

Yours faithfully

007  ;D

*41: Mr Lewis submits that even if there was non -compliance in this respect, nevertheless no prejudice was caused. PCNs should not be regarded as invalid. I do not accept this submission. Prejudice is irrelevant and does not need to be established. The 1991 Act creates a scheme for the civil enforcement of parking control. Under this scheme, motorists become liable to pay financial penalties when certain specified statutory conditions are met. If the statutory conditions are not met, then the financial liability does not arise.
« Last Edit: June 22, 2024, 12:51:02 pm by Hippocrates »
IF YOU RECEIVE A MOVING TRAFFIC PCN PLEASE READ THIS BEFORE MAKING A REPRESENTATION:

https://www.ftla.uk/the-flame-pit/moving-traffic-pcns-missing-mandatory-information-the-london-local-authorities-a/msg102639/#msg102639


How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

I am not omniscient. cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

My e mail address for councils:

J.BOND007@H.M.S.S.c/oVAUXHALLBRIDGE/LICENSEDTOEXPOSE.SCAMS.CO.UK

Last mission accomplished:

https://www.ftla.uk/the-flame-pit/southwark-to-r
Like Like x 1 View List

Hearing is on 2nd September.  Guess what?  Go on, just guess. They have only issued a Charge Certificate according to their website!

Penalty Charge Notice details
• Ticket Reference
JK13159926
• Your PCN is at Charge Certificate stage. PCN process information
• Vehicle Registration Number
YF08XTE
• Colour
Red
• Make
BMW
• Contravention
12s - Parked in a residents' or shared use parking place or zone without a valid virtual permit or clearly displaying a valid physical permit or voucher or pay and display ticket issued for that place where required, or without payment of the parking charge (shared use bay)

• Location
POPE STREET

• First seen at
Wed, 10 Apr 2024 8:48
• Issued at
Wed, 10 Apr 2024 8:50
• Served by


Affixed to Vehicle

The amount outstanding on the Penalty Charge Notice will increase to £205.00. If the Penalty Charge Notice (PCN) remains unpaid the charge may be registered as debt with Northampton County Court Traffic Enforcement Centre. This will result in debt registration fee of £8 being added to the outstanding balance on Fri, 6 Sep 2024. Please pay £195.00 now.

You have already challenged this PCN and we replied on Tue, 7 May 2024. You cannot challenge twice


This PCN is past the stage at which you can challenge it or make representations

Search again  Pay now
« Last Edit: August 21, 2024, 07:49:11 pm by Hippocrates »
IF YOU RECEIVE A MOVING TRAFFIC PCN PLEASE READ THIS BEFORE MAKING A REPRESENTATION:

https://www.ftla.uk/the-flame-pit/moving-traffic-pcns-missing-mandatory-information-the-london-local-authorities-a/msg102639/#msg102639


How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

I am not omniscient. cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

My e mail address for councils:

J.BOND007@H.M.S.S.c/oVAUXHALLBRIDGE/LICENSEDTOEXPOSE.SCAMS.CO.UK

Last mission accomplished:

https://www.ftla.uk/the-flame-pit/southwark-to-r

I note from the portal that, hitherto,  you have adduced no evidence and neither have my submissions (below) been added.

Please consider them at your earliest convenience. Furthermore, I rely upon Ian Prideaux v London Borough of Lambeth Case No 2220609130 in terms of the unlawful issue of the Charge Certificate which impugns the authority of the Tribunal at the very least.

IF YOU RECEIVE A MOVING TRAFFIC PCN PLEASE READ THIS BEFORE MAKING A REPRESENTATION:

https://www.ftla.uk/the-flame-pit/moving-traffic-pcns-missing-mandatory-information-the-london-local-authorities-a/msg102639/#msg102639


How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

I am not omniscient. cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

My e mail address for councils:

J.BOND007@H.M.S.S.c/oVAUXHALLBRIDGE/LICENSEDTOEXPOSE.SCAMS.CO.UK

Last mission accomplished:

https://www.ftla.uk/the-flame-pit/southwark-to-r

@cp8759 @m.gun It was not contested. 224032673A. Was due to take place on Monday. Phone call: not contested. Another phone call: cancelled  rescheduled hearing in October due to DNC. A palaver. Apparently, there were not enough adjudicators available for Monday.

Possible costs application as a premature Charge Certificate was served and other issues re their website and intransigence about that.
« Last Edit: August 29, 2024, 05:59:32 pm by Hippocrates »
IF YOU RECEIVE A MOVING TRAFFIC PCN PLEASE READ THIS BEFORE MAKING A REPRESENTATION:

https://www.ftla.uk/the-flame-pit/moving-traffic-pcns-missing-mandatory-information-the-london-local-authorities-a/msg102639/#msg102639


How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

I am not omniscient. cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

My e mail address for councils:

J.BOND007@H.M.S.S.c/oVAUXHALLBRIDGE/LICENSEDTOEXPOSE.SCAMS.CO.UK

Last mission accomplished:

https://www.ftla.uk/the-flame-pit/southwark-to-r