3. Waltham Forest - 01 Parked in restricted street
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Waltham Forest - 01 Parked in restricted street
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This is continuing on from the previous forum summarised.

I have received a windscreen for parking on double yellow at night. I was sick the following days. On the 5th day i was sick, is when i was notified that there is a pcn on the vehicle. A family friend came over on that day and moved the vehicle into a parking bay, I have doctors sick note to show the period in which i was sick. I do have a CPZ permit for this street with this vehicle. The vehicle is being rented to me for PHV use.


Since i did not appeal within 14 days of windscreen ticket, as i was waiting for advise on a draft appeal, the discount period passed. I was then advised to wait for a NTO which i have received. After receiving the Nto, i was advised to contact my hirer company and ask them if they heard back from the council after passing on my details. The company have been non responsive and would like further advise.

Windscreen pcn; https://i.ibb.co/sVDwjr2/IMG-2569.jpg
Nto: https://i.ibb.co/qC4ys6N/IMG-2655.jpg
« Last Edit: June 16, 2023, 05:41:33 pm by cp8759 »
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Re: Waltham Forest - 01 Parked in restricted street
« Reply #1 on: »
You have until midnight on 28 June to make representations, if nobody else suggests anything better, just make representations on the basis that you are not the registered keeper and you do not own the vehicle.
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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: Waltham Forest - 01 Parked in restricted street
« Reply #2 on: »
Since nobody has suggested anything else. Should i appeal on the basis that I am not the registered keeper.

I do not want to miss the deadline to appeal like last time.
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Re: Waltham Forest - 01 Parked in restricted street
« Reply #3 on: »
Quote from: hirerspcn on June 26, 2023, 04:36:02 am
Since nobody has suggested anything else. Should i appeal on the basis that I am not the registered keeper.
Yes, do that and let's see what they say.
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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: Waltham Forest - 01 Parked in restricted street
« Reply #4 on: »
Ok here's my draft:

I am challenging this PCN as this vehicle is not registered to me and I do not own this vehicle.

------------

I feel like i could add more but i do not know what else i can add. If i could get any input on this, that would be greatly appreciated.
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Re: Waltham Forest - 01 Parked in restricted street
« Reply #5 on: »
Quote from: hirerspcn on June 26, 2023, 02:05:55 pm
Ok here's my draft:

I am challenging this PCN as this vehicle is not registered to me and I do not own this vehicle.

------------

I feel like i could add more but i do not know what else i can add. If i could get any input on this, that would be greatly appreciated.
To be honest you don't need to add anything else, in the first instance they have to prove you are liable, it's not up to you to show that you're not.
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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: Waltham Forest - 01 Parked in restricted street
« Reply #6 on: »
Ok thanks for your reply. I will send this to them.

-----------

Not relevant to this topic but i noticed the Pepipoo forums are working, is it better to continue/create new posts on here rather than Pepipoo.
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Re: Waltham Forest - 01 Parked in restricted street
« Reply #7 on: »
Quote from: hirerspcn on June 26, 2023, 02:15:53 pm
Not relevant to this topic but i noticed the Pepipoo forums are working, is it better to continue/create new posts on here rather than Pepipoo.
Please stick to the new site, thank you.
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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: Waltham Forest - 01 Parked in restricted street
« Reply #8 on: »
I have received a reply from Waltham Forest. Attached Images below

Front: https://i.ibb.co/GQdGjTg/IMG-2972.jpg
Back: https://i.ibb.co/NrmmMzL/IMG-2973.jpg
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Re: Waltham Forest - 01 Parked in restricted street
« Reply #9 on: »
So have you heard back from the hire company?

Also, is this a short-term hire or a long-term lease?
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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: Waltham Forest - 01 Parked in restricted street
« Reply #10 on: »
They have told me a while ago that they have not heard back from the council and that usually it takes a few weeks for them to get a response.

I think short term because the minimum period was 6 weeks contract. After this it is monthly rolling and i can return the vehicle once i have given 2 weeks notice.
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Re: Waltham Forest - 01 Parked in restricted street
« Reply #11 on: »
So it's a short term hire as it's less than six months. Could you show us a copy of whatever document you signed to hire the vehicle?

From what you say I'm 95% sure it's not complaint with The Road Traffic (Owner Liability) Regulations 2000 and that means you can easily win an appeal, but if you can post it on here (just redact address & driving licence number) I can tell you for sure.
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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: Waltham Forest - 01 Parked in restricted street
« Reply #12 on: »
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Re: Waltham Forest - 01 Parked in restricted street
« Reply #13 on: »
The hire agreement is on the face of it complaint.

You need to press the hire company to see if they have supplied a copy of it to the council. You also need them to confirm in writing whether they've heard back or not.

If the hire company answers that they haven't supplied a copy of the actual rental agreement, or that they haven't heard back from the council, that gives you grounds to carry on.

I've checked the map tile here and it all seems to be in order.
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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: Waltham Forest - 01 Parked in restricted street
« Reply #14 on: »
On the notice of rejection letter, they wrote that they have been supplied with a signed hire agreement.

What grounds do i actually have here?
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