3. Tower Hamlets St Lawrence Street Code 62 parked one or more wheels on curb
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Re: Tower Hamlets St Lawrence Street Code 62 parked one or more wheels on curb
« Reply #15 on: »
Personally I would wait for the notice to owner and have another go, formal representations are normally dealt with by slightly more senior staff who have more discretion.

This is also a scenario where a tribunal adjudicator might direct the authority to reconsider the mitigation, which works two thirds of the time.
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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: Tower Hamlets St Lawrence Street Code 62 parked one or more wheels on curb
« Reply #16 on: »
I would carry on.

IMO, their reasoning is a procedural impropriety i.e. you acknowledged being parked on the footway contrary to law but asked them to exercise their power of discretion.

A refusal cannot be justified solely on the grounds of 'you did it and the PCN was served correctly' because this misunderstands the authority's role which is to consider whether they should cancel the PCN based upon your representations and not simply to determine the binary question of 'was the PCN issued correctly' which is what they've done IMO.
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Re: Tower Hamlets St Lawrence Street Code 62 parked one or more wheels on curb
« Reply #17 on: »
These feels like a double or quits 😂 I take it if I wait for the NTO or go to tribunal I would have to pay 130 if I fail .

Yeah it's a bit of a rough pill to swallow . Is there another appeals process , or I have to wait until I get the NTO and then appeal again
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Re: Tower Hamlets St Lawrence Street Code 62 parked one or more wheels on curb
« Reply #18 on: »
Quote
These feels like a double or quits
That's exactly what it is ! This feature of parking enforcement was put into the original legislation in 1991 and was designed to encourage people to pay-up rather than take the matter to adjudication. It works too, because less than 5% of PCNs issued end up with the adjudicators.
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Re: Tower Hamlets St Lawrence Street Code 62 parked one or more wheels on curb
« Reply #19 on: »
thanks guys, i don't know if i have the will power to fight this, I agree its pretty shitty but to take this thing to independent adjudicator (FYI what I've said is 100% the truth not some elaborate story)

you are spot on it doesn't take into account the request, that it be mitigated on circumstances. NOT whether it was issued correctly that was never the question (of course it was, it was obvious lol)
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Re: Tower Hamlets St Lawrence Street Code 62 parked one or more wheels on curb
« Reply #20 on: »
Quote from: Movieman9000 on November 13, 2023, 09:35:45 am
These feels like a double or quits 😂 I take it if I wait for the NTO or go to tribunal I would have to pay 130 if I fail .
It depends. If you challenge the NTO within 14 days of the date of issue, every council in London will reoffer the discount if the representations are rejected. So it's only really at the formal notice of rejection stage that you have to decide whether to risk the full amount.

At the tribunal stage of course it's the full amount at stake.
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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: Tower Hamlets St Lawrence Street Code 62 parked one or more wheels on curb
« Reply #21 on: »
Thanks for this , I didn't know it otherwise I would've carried on to challenge it . I've paid it now as I just don't have the head space to battle it right now .

A shame it doesn't seem like a big task to be honest but I've got a lot going on . Sorry chaps

Would've been nice to get the results as well or at least get an answer to share the knowledge.

Thanks for all your help guys
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  3. Tower Hamlets St Lawrence Street Code 62 parked one or more wheels on curb