3. Ticket issued in PPA
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Author Topic: Ticket issued in PPA  (Read 1852 times)

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Re: Ticket issued in PPA
« Reply #15 on: »
Quote from: H C Andersen on August 30, 2023, 05:52:04 pm
The guidance is issued to 'local authorities' (which also have 'civil parking enforcement powers') not parking partnerships. IMO, the local authority in whose area the contravention occurred has to have had regard to the guidance and similarly is the only body which may determine the exercise of discretion.
The law on the delegation of duties under these statutory schemes was blown out of the water by Halton Borough Council, R (On the Application Of) v Road User Charging Adjudicators [2023] EWHC 303 (Admin)
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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: Ticket issued in PPA
« Reply #16 on: »

Actually it supports my concerns.

In the cited case there was a single 'charging authority' whose development of detailed 'Business Rules' determined by them and required to be used by the single operator was found to be sound. The 2000 Act places no requirement upon the charging authority to have regard to any Statutory Guidance.

The point in my post is not whether the 'partnership' could enforce PCNs, it's whether the local authority with civil parking enforcement powers in this case has considered the revised guidance and imparted their determination on to the partnership as it acts on their behalf.

The partnership is not a 'local authority', it cannot develop its own rules(in the Halton case it was always the council in control)and there must be evidence that the local authority for this location has considered the guidance.

IMO.
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Re: Ticket issued in PPA
« Reply #17 on: »
They have refused my appeal . What should I do next. Please see attached

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Re: Ticket issued in PPA
« Reply #18 on: »
Wait for the Notice to Owner and let us know when you've received it.
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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: Ticket issued in PPA
« Reply #19 on: »
Quote from: cp8759 on September 11, 2023, 09:12:28 pm
Wait for the Notice to Owner and let us know when you've received it.
Isn't that risky ?
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Re: Ticket issued in PPA
« Reply #20 on: »
Quote from: Merc220 on September 11, 2023, 09:32:57 pm
Quote from: cp8759 on September 11, 2023, 09:12:28 pm
Wait for the Notice to Owner and let us know when you've received it.
Isn't that risky ?
Risky in what way ?
If you want to progress your case to a conclusion, rather than just cough-up the money, you have to wait for the NtO. This allows you to submit formal representations. Then, if rejected again, to register an appeal at the adjudicators.
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Re: Ticket issued in PPA
« Reply #21 on: »
Quote from: Merc220 on September 11, 2023, 09:32:57 pm
Quote from: cp8759 on September 11, 2023, 09:12:28 pm
Wait for the Notice to Owner and let us know when you've received it.
Isn't that risky ?
What risks do you have in mind?
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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: Ticket issued in PPA
« Reply #22 on: »
Quote from: cp8759 on September 12, 2023, 12:12:54 am
Quote from: Merc220 on September 11, 2023, 09:32:57 pm
Quote from: cp8759 on September 11, 2023, 09:12:28 pm
Wait for the Notice to Owner and let us know when you've received it.
Isn't that risky ?
What risks do you have in mind?
If they still don't accept my appeal, I will have to pay £70 instead of £35.
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Re: Ticket issued in PPA
« Reply #23 on: »
Quote from: Merc220 on September 12, 2023, 01:22:16 am
If they still don't accept my appeal, I will have to pay £70 instead of £35.
No, it's not up to the council to decide whether you have to pay or not. If the council rejects your representation, you can appeal to the Traffic Penalty Tribunal.

In any case as long as you challenge the Notice to Owner promptly the council will reoffer the discount, because they want to give you a discount not to appeal to the Traffic Penalty Tribunal.

If you have to appeal to the tribunal, I'm happy to act as your representative. We don't advise to appeal unless we think you're likely to win.
« Last Edit: September 14, 2023, 11:22:20 pm by cp8759 »
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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: Ticket issued in PPA
« Reply #24 on: »
Quote from: cp8759 on September 12, 2023, 11:53:19 pm
Quote from: Merc220 on September 12, 2023, 01:22:16 am
If they still don't accept my appeal, I will have to pay £70 instead of £35.
No, it's not up to the council to decide whether you have to pay or not. If the council rejects your representation, you can appeal to the Traffic Penalty Tribunal.

In any case as long as you challenge the Notice to Owner promptly the council will reoffer the discount, because they want to give you a discount not to appeal to the Traffic Penalty Tribunal.

If you have to appeal to the tribunal, I'm happy to act as your representative. We don't advise to appeal unless we think you're likely to win.
perfect, thank you
« Last Edit: September 14, 2023, 11:22:30 pm by cp8759 »
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Re: Ticket issued in PPA
« Reply #25 on: »
I have received the Notice to the owner.
Please see attached.
Please advise the next step

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Re: Ticket issued in PPA
« Reply #26 on: »
Go online and make representations again as follows:

Dear Essex County Council,

I refer you to my informal representations, which I require you to reconsider afresh.

Yours faithfully,
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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: Ticket issued in PPA
« Reply #27 on: »
Quote from: cp8759 on September 30, 2023, 10:32:34 pm
Go online and make representations again as follows:

Dear Essex County Council,

I refer you to my informal representations, which I require you to reconsider afresh.

Yours faithfully,

Is that it ?
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Re: Ticket issued in PPA
« Reply #28 on: »
Yes, we don't need to add anything.
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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: Ticket issued in PPA
« Reply #29 on: »
Quote from: cp8759 on October 01, 2023, 01:40:49 am
Yes, we don't need to add anything.
Do I need to tick the "F (procedural impropriety)"?
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  3. Ticket issued in PPA