Author Topic: Ticket for parking outside my house whilst my garden hedge was being cut  (Read 3895 times)

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Re: Ticket for parking outside my house whilst my garden hedge was being cut
« Reply #30 on: »
Well spotted there!
Bus driving since 1973. My advice, if you have a PSV licence, destroy it when you get to 65 or you'll be forever in demand.

Re: Ticket for parking outside my house whilst my garden hedge was being cut
« Reply #31 on: »
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.
Pcn is for a residents bay. Sign is for permit holders, not resident permit holders. Therefore the contravention did not occur. Add that as another ground at appeal

Many Thanks!

Re: Ticket for parking outside my house whilst my garden hedge was being cut
« Reply #32 on: »
Hi there, even though I submitted my appeal to the london tribunals on the 04 November, Harrow still sent me a Charge Certificate. Is that appropriate?



Re: Ticket for parking outside my house whilst my garden hedge was being cut
« Reply #33 on: »
Hi there, even though I submitted my appeal to the london tribunals on the 04 November, Harrow still sent me a Charge Certificate. Is that appropriate?

Normally no, but the CC is dated 8th Nov, and you sent off your appeal on 4th Nov. It is entirely possible that London Tribunals had not yet informed the council of your appeal.

Re: Ticket for parking outside my house whilst my garden hedge was being cut
« Reply #34 on: »
Do you have a case number from the tribunal?

Re: Ticket for parking outside my house whilst my garden hedge was being cut
« Reply #35 on: »
Do you have a case number from the tribunal?

Yes I do, it's 2240496230

Re: Ticket for parking outside my house whilst my garden hedge was being cut
« Reply #36 on: »
 :( Unfortunately, the Tribunal rejected my appeal (see below). Is there anything else I can do?




Re: Ticket for parking outside my house whilst my garden hedge was being cut
« Reply #37 on: »
The decision was made on 31 Jan and therefore you are beyond the time limit for asking for a review(14 days) although a request could be submitted with reasons for lateness.

But on what grounds?(not just that you disagree with the decision).

You were given several procedural impropriety arguments as regards the NOR but I can't find any reference to these in the decision. If you made these points but they were ignored by the adjudicator then this could be grounds for a review. But you need to act quickly.

Have you got a copy of your appeal?

Re: Ticket for parking outside my house whilst my garden hedge was being cut
« Reply #38 on: »
EDIT: Deleted post as I'd totally misinterpreted something!
« Last Edit: February 19, 2025, 10:19:55 pm by SITR »

Re: Ticket for parking outside my house whilst my garden hedge was being cut
« Reply #39 on: »
..is the decision, but what's required is the appeal.

A simple assertion that the NOR was not compliant would not, IMO, require the adjudicator to compare and contrast it with the regs: this is the appellant's burden.

OP, your appeal pl.

Re: Ticket for parking outside my house whilst my garden hedge was being cut
« Reply #40 on: »
The decision was made on 31 Jan and therefore you are beyond the time limit for asking for a review(14 days) although a request could be submitted with reasons for lateness.

But on what grounds?(not just that you disagree with the decision).

You were given several procedural impropriety arguments as regards the NOR but I can't find any reference to these in the decision. If you made these points but they were ignored by the adjudicator then this could be grounds for a review. But you need to act quickly.

Have you got a copy of your appeal?

Here you go:
A: The alleged contravention did not occur
Q: Please describe why you want to challenge the penalty charge notice
A: Dear London Borough of Harrow,
The alleged contravention did not occur. It is alleged on the PCN that a contravention
took place while my car was parked on Cannon Lane opposite lamppost 3, but my car
was not at that location. Lamppost 3 is situated opposite number 19 Cannon Lane, but
my car was opposite number 16 Cannon Lane. If the contravention alleged on the PCN
did not occur (which it did not), it is then irrelevant whether a contravention did or didn't
occur at some other point along Cannon Lane, as it is only the matter alleged on the
PCN that counts.
It follows that the PCN must be canceled.
Additionally, I am a resident of 11 Cannon Lane, whereby I just moved my car to the road
whilst my garden hedge was being cut. It seems the parking restriction is to prevent
commuters from parking there for free and then walking to Pinner Underground Station,
and not to punish local residents.
Yours faithfully,
The decision was made on 31 Jan and therefore you are beyond the time limit for asking for a review(14 days) although a request could be submitted with reasons for lateness.

But on what grounds?(not just that you disagree with the decision).

You were given several procedural impropriety arguments as regards the NOR but I can't find any reference to these in the decision. If you made these points but they were ignored by the adjudicator then this could be grounds for a review. But you need to act quickly.

Have you got a copy of your appeal?

Re: Ticket for parking outside my house whilst my garden hedge was being cut
« Reply #41 on: »
Hi All, Any help/ further feedback would be much appreciated. I think I have until 28 Feb to pay so hopefully I can hear back from someone really soon.  Thanks

Re: Ticket for parking outside my house whilst my garden hedge was being cut
« Reply #42 on: »
Forgive my uneducated take on this, but it seems you had a reasonably valid procedural error to argue, then shot yourself in the foot by saying "I'm a resident & I did indeed park there because I don't believe I should be subject to the rules".
« Last Edit: February 23, 2025, 01:22:54 pm by SITR »

Re: Ticket for parking outside my house whilst my garden hedge was being cut
« Reply #43 on: »
For some reason you did not include the procedural issue at all/in sufficient detail* to persuade the adjudicator to your cause.

I asked to see your appeal because had you made these points in sufficient detail then the adjudicator was bound to consider them, but their written decisions shows that they did not*.

I therefore cannot see any grounds for asking for a review because the evidence of the impropriety of the NOR was known prior to the hearing.

*- from the decision:

'..The Appellant states that the Notice of Rejection is non-compliant.'

Where??

Did you tick the box 'procedural impropriety' when registering your appeal but not include any substantive argument?

Re: Ticket for parking outside my house whilst my garden hedge was being cut
« Reply #44 on: »
For some reason you did not include the procedural issue at all/in sufficient detail* to persuade the adjudicator to your cause.

I asked to see your appeal because had you made these points in sufficient detail then the adjudicator was bound to consider them, but their written decisions shows that they did not*.

I therefore cannot see any grounds for asking for a review because the evidence of the impropriety of the NOR was known prior to the hearing.

*- from the decision:

'..The Appellant states that the Notice of Rejection is non-compliant.'

Where??

Did you tick the box 'procedural impropriety' when registering your appeal but not include any substantive argument?

Hi there, I ticked 'The alleged contravention did not occur'. Does it mean I just have to pay the fine? :(