Free Traffic Legal Advice

Whilst our garden hedge was being cut we temporarily moved our car from the drive to the road outside our house but forgot to move it back to the drive.  The parking sign states Permit holders only 11am - Noon. We are not permit holders and received a ticket at 11:37.
Feels unfair that we have to pay £55 for parking just outside our house! Please can you help.

So, hedge cutting might have been the trigger for moving the car, but it was then left there. IMO at present you have no statutory defence, you could and should have parked your car where it was legal to do so. Sorry if this doesn't chime with other views.

Their response is typically bland but IMO this counts for little in the wider scheme at this stage and, other than prospective procedural impropriety, I can't see a defence. But if they would re-offer the discount in a NoR then you have the chance to test their procedural propriety risk-free.

Hi All,
Sadly they rejected my appeal.

No they have not because you did not make an appeal, you made an informal representation and these are almost always responded to with a fob-off rejection.

More importantly, I have been sent a copy of The Harrow (Parking Places) Traffic Order 2020 as enacted and all the orders which amend the articles to that order and schedule 1, I have saved them all here.

There appears to be no provision creating a parking place in the location where you were parked, hence the alleged contravention did not occur.

The working copy of Schedule 1 is here, I have asked for a copy of the enacted version.

Maybe send a PM to cp8759. To take matters further, you have to wait for the Notice to Owner, and then submit a formal representation, so you need quite a solid argument. Clearly you are now beyond the discount period, so no point in paying now until you've taken them all the way to adjudication if necessary.

@challenge_cheaters you will have to wait for the notice to owner to make formal representations.

Hi there, just receive the NTO today.
9108
9109
9110
9111

Please could you advise. Many Thanks

Surely, repeat the original sound challenge? e.g.: I require you to formally consider my original challenge. Please cancel.

Quote from: Hippocrates on September 10, 2024, 01:47:26 pm

Surely, repeat the original sound challenge? e.g.: I require you to formally consider my original challenge. Please cancel.

Many thanks! @cp8759 just wondered if you had any further comments? Thanks

@challenge_cheaters I think that will suffice, there's no point in writing too much in the formal representations because the council will rejected them no matter what you say.

I've got 28 days from the 7th October (so I have until the 4th November) to appeal to the adjudicators.  Please can someone advise.

Yes, and you're both wrong. Your lack of knowledge is not the issue, it's their error which exposes them to grounds of procedural impropriety.

The mandatory content is that an appeal may* be registered before the end of the period of 28 days beginning on the date of service AND that the adjudicator has discretion to register an appeal after the 28-day period has elapsed.

Date of service is presumed to be 2 working days after posting.

The letter is dated 7th, therefore service was on 9th which is day 1, day 28 is 5 Nov.

IMO, there are two failures in the NOR as regards appealing which should be put to the adjudicator as procedural improprieties:
1. What's included in the NOR is incorrect and not in accordance with regulations;
2. They have also omitted mandatory information.

IMO, these are strong grounds and you should appeal.

Wait for others.