Author Topic: Redbridge Council - Parked in a restricted street during prescribed hours.  (Read 845 times)

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Re: Redbridge Council - Parked in a restricted street during prescribed hours.
« Reply #15 on: »
@cp8759 this is the reply I got from the council.

Good Morning,

 

Thank you for your email.

 

Please see attached response to your representation which was posted to you.

 

Please advise on what your intention is regarding this case.

 

Regards,

 

Business Administrator

Parking Management

 

London Borough of Redbridge


Re: Redbridge Council - Parked in a restricted street during prescribed hours.
« Reply #16 on: »
The last paragraph contains a fundamental misstatement of the law. There is no requirement in law for the driver to remain with the vehicle when boarding/alighting passengers. Many appeals have been won on this point when the driver is assisting persons to/from a place of safety.

Re: Redbridge Council - Parked in a restricted street during prescribed hours.
« Reply #17 on: »
Boarding/alighting isn't claimed in this case though.

I think Redbridge will fail to demonstrate this is a properly signed CPZ and it hasn't said anything about this in its rejection.

Re: Redbridge Council - Parked in a restricted street during prescribed hours.
« Reply #18 on: »
@megaman at this point the next step is the tribunal, an out of time appeal will normally be allowed in if you can evidence that you received the Notice of Rejection late, and if you only got it by email today then you're still within 28 days of the date of service as the Notice of Rejection was only served today. I'm going to drop you a PM in case you'd like me to represent you.
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

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

Out of interest, what happened to the Charge Certificate?

As I thought, they couldn't demonstrate it's a properly signed CPZ.

Out of interest, what happened to the Charge Certificate?
When the tribunal issues a scheduling letter confirming that the PCN will be considered at an appeal, any outstanding charge certificate, order for recovery and warrant is automatically cancelled. Regardless of whether we think that this is or isn't what the legislation provides for, that's what happens with every single authority, no exceptions.

And obviously if you win the appeal then the PCN falls away, and so does any other document the council has issued.

There is an argument that could be made which says that the charge certificate was validly served and the appeal only pauses enforcement, rather than revering the penalty to the pre-charge certificate stage, but apparently no council has thought of that and I'm not going to tell them.
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