Author Topic: Westminster Council - code 26 - Parked in a special enforcement area more than 50cm from the edge of the carriageway and  (Read 1746 times)

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yeah they are fine with it ( i am friends with the manager there) I put my details as the point of contact in the successful appeal as naturally this situation was me helping him out so I would deal with it.
It doesn't work like that, only an employee can acted on behalf of a company based on ostensible or apparent authority. So, either the representation has to come from your friend (and from his work email address) or you have to get a letter of authority from the company.

If you just make a representation yourself, the council will either ignore it or tell you that you're not the registered keeper and you have no right to make representations.

Don't worry about the representations, once we've confirmed who they'll be coming from I'll draft something for you.
ok mate I understand, my friend (the manager) can make the representation from his work email address

Here you go:

Dear City of Westminster,

We challenge liability for PCN WE5188847A on the following grounds. Firstly we had lent this vehicle to Mr Movieman9000, whose father has recently passed away. Mr Movieman9000 was engaged in clearing his father's flat at (insert address) and we understand that PCN WE51888480 which was issued at the same time and has since been cancelled. In the first instance we would ask that the PCN be cancelled on compassionate grounds, given the driver's circumstances.

In any even it does not appear to us that PCN WE5188847A was properly issued. We had no notice of this PCN until we received the Notice to Owner, and Mr Movieman9000 did not find this PCN attached to the vehicle, there are no photos confirming this second PCN was served. Furthermore even if PCN WE5188847A had been properly served this PCN was issued at 12:10, just 1 minute after PCN WE51888480 was issued to the same vehicle for the same contravention. While there might be some scope for debate of whether consecutive PCNs can be issued for the same contravention on consecutive days, there can be no sensible suggestion that a second PCN can be issued 1 minute after the previous one, or else a CEO could simply issue 1 PCN a minute which would result in PCNs totalling £7,800 an hour, discounted to £3,900 if paid within 14 days, this would clearly be absurd.

In light of the above the PCN should be cancelled in any event.

Yours faithfully,
(friend's name)
For and on behalf of (Company name) Ltd
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

That's MEGA thanks so much, note - i edited to reflect WE5188847A was issued 12.09 and WE51888480 12.10

when appealing should I go down the "I wish to make representations about this PCN for other reasons" OR "There has been a procedural impropriety on the part of the enforcement authority" or does it not make any difference

thanks

Honestly it doesn't make a difference.
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

thank you very much appeal submitted, I'll report back once I have an update. How do I donate / buy the forum a coffee ?

Hi all,

Just to update the council have cancelled the 2nd ticket, thanks for everyones help :)
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