Author Topic: Tower Hamlets - Code 12S parked in a resident bay without valid ticket  (Read 1319 times)

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Hi all

I got a ticket today and it was a misjudgement on my part. I had a boxing session from 12.30 to 1.30 and payed for 30 mins of parking at 12.23 via Ringo and my session expired at 12.53. I thought that parking restriction end at 1pm but actually realised afterwards it ends at 5pm on a Saturday. I did bump in to the CEO as he was writing the ticket but said it was too late but  and kindly agreed he’ll write a note in system explaining I’ve met him and that I’ve payed for parking which expired.

Anyways, I’m not too hopeful, I’m just hoping some discretion could be exercised as I did pay for a bit of parking albeit not the full time, and also having looked at the photos they’re all blurry - not sure if enforceable? Alternatively any fatal errors in the PCN that the eagle eyes can spot is another glimmer of hope in clinging on to.

Keen to hear your thoughts, below link with all evidence:
https://imgur.com/a/CQQveK7

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So, here is the sign for the bay where you parked :-
https://maps.app.goo.gl/ntTv6QEa1HyFFW1V6
The PCN looks OK to me, so really, your representations would be on the lines of a grovelling apology, also pointing out you did pay for some time, albeit not enough.  The PCN looks OK to me.

So why didn't you go and look at the sign ?

I’m just reading  The Civil Enforcement of Parking Contraventions (England) General Regulations 2007, it states:

A penalty charge notice served under regulation 9 must, in addition to the matters required to be included in it by regulation 3(2) of the Representations and Appeals Regulations, state

(e)the grounds on which the civil enforcement officer serving the notice believes that a penalty charge is payable;

I’m wondering whether the fact that the PCN is defective and omits key words from the contravention if this satisfies the regs?


@iispartan those have been replaced by The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022, but the council will say that the contravention wording does cover the grounds on which the CEO thought a penalty was payable.

Here are The Tower Hamlets (Parking Places) (Map Based) Order 2019 and the map tile, which from a quick glance appear to be in order.

However the CEO's photos do not show any contravention:









Obviously you don't want to mention that at any time prior to a tribunal hearing as you don't want to give them a chance to get some better photos of the signs. A plea for discretion is probably best at this stage.

Also can you show us a screenshot of your electronic payment please?
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

Yeah the councils pictures are so blurry you can’t make out the sign. I will plea for discretion and if (when) rejected will challenge on the grounds of blurry evidence which doesn’t show a contravention - assuming NtO stage I will not mention this, only in tribunal.

The electronic payment receipt should be the last picture in initial imgur link.

Please post a draft of your representation on here before sending it.
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

Draft below, thought I’d keep it short and sweet due to inevitable rejection:


Dear Tower Hamlet council,

I’m writing to appeal the PCN and ask the council exercise discretion on this occasion. I paid for parking via RingGo app and as I returned to my car I bumped in to the CEO who had just written the ticket. The CEO kindly took note of this and said that it would be taken in to consideration at appeal.

I ask the council to please take this in to account, and will ensure that my RingGo session extends to the full extent of my stay.

Thanks

I'm going to suggest an unconventional approach, though it is ultimately your decision how you wish to proceed.

Essentially we know that Tower Hamlets of all places will never grant a discretionary cancellation based on the grounds you propose to use. However by saying you paid via RingGo, you're admitting that you were aware of the requirement to pay, which in this case is a somewhat unnecessary admission.

In essence we want this to get to the tribunal without the council giving the case any real thought or consideration, so if it were my PCN I would:

1) Ignore the roadside PCN and just wait for the notice to owner
2) Make a one line representation against the notice to owner saying that contravention did not occur
3) Make a one line appeal to the tribunal saying the contravention did not occur
4) Wait till the day of the hearing and then point out to the adjudicator that the photos do not show any contravention (though it would be best to have someone represent you because otherwise the adjudicator can simply ask if you paid / if you knew you had to pay, and you must tell the truth).

This could be seen as a high risk high reward strategy, but I can't see how else you could beat this particular PCN.
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’m happy to go ahead with this strategy and don’t mind risking the discount if there is a chance an adjudicator would agree with your view.

So are you saying to not even appeal the PCN informally and just wait for the NtO to arrive. Would someone here be willing to take this case on for me and represent?

Most people can get someone to represent them but as a last resort you can always go for a hearing on the papers, though that is more risky.
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’ve always been told a decision on the papers have like 1% success rate.

Also, the CEO told me that he had written a note in the system to say that I have paid for parking, so it may be in the councils evidence already that I’ve payed ..

The images are the only evidence the council have on me, and as far as I’m concerned they don’t show a contravention due to the poor quality and ineligible sign.. I get that it’s not actually a requirement to have pictures for a PCN to be enforced, but if you’re going to take pictures the council should at least ensure they are of decent quality

I’ve always been told a decision on the papers have like 1% success rate.
It's actually 37%, but that's a bit rubbish really.

We often find that the CEO notes are inaccurate or wholly missing, so just because the CEO said he'd make a note doesn't mean that he did, nor does it mean the council will produce those notes at the tribunal stage.

As a general rule if the photos don't establish a contravention the appeal will be allowed, I can't think of a single case where blurry CEO photos have seen an appeal refused. The exceptions tend to be where the motorist produces photos of his own, or makes admissions in the representations, or turns up at the hearing and signs like a canary, so those pitfalls are all easy to avoid.
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

Okay, I’ll go ahead with the appeal and hopefully get someone to represent me.

I will let you know once the NtO arrives,
Thanks

Still awaiting NtO but just wanted to check if I’m right in saying the working around the 28 days in the PCN does not comply with Schedule 2 para. 2 @   https://www.legislation.gov.uk/uksi/2022/71/schedule/2
(d)that the penalty charge must be paid within the period of 28 days beginning with the date on which the alleged contravention occurred,

Perhaps an informal appeal on this if I’m correct would be a decent strategy?
« Last Edit: April 06, 2024, 07:35:58 pm by iispartan »

You could put that in an informal representation, but most adjudicators no longer accept that argument
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