3. Swale , code 01 William Street SBS - double yellow lines
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Re: Swale , code 01 William Street SBS - double yellow lines
« Reply #15 on: »
First time the missus was out for a couple of hours, grandad baby sitting the baby.
 
Baby was being fed by mum. Grandad couldnt settle the baby when she woke up with the supplied milk and was hungry and screamed her lungs out.
Grandad calls Mum to come back (1mile drive). As usual no parking in our street. Quickly parks it in front of the house of the neighbour and feeds the baby.
As soon as settled she moved the car.

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Re: Swale , code 01 William Street SBS - double yellow lines
« Reply #16 on: »
@Phaeton55 the deadline to make formal representations is tomorrow, so we have 24 hours or so to put something compelling together.

Council photos:















Traffic order: https://drive.google.com/file/d/1_0F-dgXqamEQo1QnVcNbYgSGHFYLAxo0/view
Map tile: https://store.traffweb.app/kent/documents/parkmap/msched/BN101_rv0_2.pdf

I think you need mum to provide a first-person narrative of events, as that would amount to mitigation which might prove compelling, or at a stretch we could invoke the exemption at article 33(k)(iii) of the traffic order. Also, can you get some screenshots of the call logs to confirm when grandad made the call? Lastly where was the car moved to?

We can still throw in the procedural impropriety ground but I'm minded to say that this should be done by simply inviting the authority to reconsider the informal representations afresh.
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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: Swale , code 01 William Street SBS - double yellow lines
« Reply #17 on: »
Hi there some help needed in terms of the date time lines re appealing the latest NTO and how to take this to an adjudicator or ombudsman.

NTO : https://jumpshare.com/s/sna1DUOkdUCXBv3lnU3i

Sent in a postal appeal to the latest NTO (as it included a copy of a passport) Representations posted on the 29.06.24 at main post office. The council acknowledged to have received this on 04.07.24.

https://docs.google.com/document/d/1cSG5YG0R5N16skvIUNMPTiW3qP0JmDFQhCKnjdBl-Ec/edit?usp=sharing

On the same date a charge certificate was issued:
https://i.ibb.co/gd8h0y8/charge-certificate-04-07-2024.jpg
https://i.ibb.co/Ns96jSZ/charge-certificate-04-07-2024-back.jpg

The council replied to the representations letter posted 29.06.24
https://i.ibb.co/D7wbVJY/Reply-challenge-nto-front.jpg
https://i.ibb.co/wBRM326/Reply-challenge-nto-back.jpg


Following the receipt of this letter I called the Council on 16.07.2024 and couldn't speak directly to the Parking team.

The receptionist was told by Parking Services, that because the PCN had been reset from TEC, and reverted back to the NTO stage there was no option to make formal representations its only a request to pay the PCN ---  which is strange imo .

The only option was to pay the PCN within 35 days from the postal date of the NTO and ....July 4th as the deadline

The receptionist kept going backwards and forwards and in the end I was told to write another email to outline the case as I would like clarification on the the dates but following this last question I was then told she couldn't get hold of the team ….

Email response : https://docs.google.com/document/d/1EyEFGYXl3r2wnKfHPkw-nObq_Ur1Xrf62EVgvWX0qZk/edit?usp=sharing

The council replied to this email via the post on 24.07.24 :
https://i.ibb.co/GvLYgc7/charge-certificate-challenge.jpg

Please let me know your thoughts on this and what further steps are still possible at this stage.
« Last Edit: July 30, 2024, 11:30:10 pm by Phaeton55 »
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Re: Swale , code 01 William Street SBS - double yellow lines
« Reply #18 on: »
After getting nowhere with the Council on the timings issue of the appeal its now at Order for Recovery Stage.

https://ibb.co/N3zF1H7
https://ibb.co/LdK55Yv

Ideally I want to get this PCN to the adjudicators, any input would be much appreciated
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Re: Swale , code 01 William Street SBS - double yellow lines
« Reply #19 on: »
@Phaeton55 the notice to owner was issued on 30 May 2024 and is deemed served on 3 June, so to meet the statutory deadline the representations needed to be received by the council no later than 30 June 2024. If you decided to send the representations by post on 29 June then this deadline was never going to be met: representations could and should have been made online at https://payment.medway.gov.uk/public/Pcn/lookup (you can usually upload attachments and even if you couldn't, at least you wouldn't have lost the right to appeal to the tribunal).

The council is entitled to disregard representations received after the end of the 28 day period, so unfortunately you have no right of appeal and the only thing you can do is pay the Order for Recovery before any bailiff fees get added.

Why on Earth in 2024 people insist on sending letters by post is completely beyond me (especially considering that everything is scanned into the council computer and shredded anyway, so you might as well upload everything into the council computer yourself)

You're not the first person to shoot themselves in the foot by doing this and I fear you won't be the last.

I'm really sorry there's nothing more we can do to help you, but it's better to spell out what's what rather than giving you false hope.

The really frustrating thing is that I found out today from Kent County Council that they can't find a copy of the traffic order, so if we'd got this to the Traffic Penalty Tribunal it would have been a really easy win.
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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: Swale , code 01 William Street SBS - double yellow lines
« Reply #20 on: »
[CASE CLOSED]

PCN KL01906797
XXXX, the authority has not contested your appeal, and you are not liable to pay the penalty charge.
There is nothing to pay and the authority will cancel the penalty charge

This is because the authority did not contest your appeal.

The authority's reasons for not contesting the case are:


The correct that procedure has not been followed

------

Thanks everyone!
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  3. Swale , code 01 William Street SBS - double yellow lines