Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: shock999 on June 26, 2023, 04:11:41 pm
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Outcome (https://drive.google.com/uc?id=1Td0KMc76CV3anEhZ6eCBS-xDGqhxvS1K).
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Hi, I would like to take you up on that offer as its the fist time I'm going to try applying to the tribunal.
Anything to be aware of before filling the form / online.
Any special timing slot that works best?
Don't do anything, I'll drop you a PM (https://www.ftla.uk/index.php?action=pm).
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Well as the discount is not on offer you might as well appeal to the tribunal.
I'm happy to act as your representative if you wish.
Hi, I would like to take you up on that offer as its the fist time I'm going to try applying to the tribunal.
Anything to be aware of before filling the form / online.
Any special timing slot that works best?
thanks
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No consideration of your specific point. No amendment to the Order restricting parking to between marked signs produced in support of there'defence'.
Are you thinking of pressing on to tribunal?
True, that's the plan. Though need to read up how to do this properly.
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Well as the discount is not on offer you might as well appeal to the tribunal.
I'm happy to act as your representative if you wish.
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No consideration of your specific point. No amendment to the Order restricting parking to between marked signs produced in support of there'defence'.
Are you thinking of pressing on to tribunal?
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No luck with the NTO formal appeal either, has been rejected.
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Your representation has been received
Your representation was submitted on Wed 26/07/2023 17:54.
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Make the same representation again.
Thanks I'll write the same again as per below,
Dear London Borough of Redbridge,
The alleged contravention did not occur. The PCN was issued for parking on the footway, however footway parking has been allowed on this road since 2014. The footway parking resolution disapplies the footway parking ban from the entire road, and any signs that suggest otherwise are simply incorrect. I refer you to the decision in Himat Kotecha v London Borough of Redbridge (2210061465, 18 March 2021), which was based on essentially identical facts.
As such the alleged contravention did not occur and the PCN must be cancelled.
Yours faithfully,
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I think the points have already been covered by the experts but here's my 2p worth anyway.
My wife received a similar PCN a few years back also from Redbridge. Their "justification" for issuing the PCN was because she parked on the "wrong side" of the blue sign. However, the order they have allows footway parking on the whole road, the signs don't come into it, therefore they are issuing a PCN with no order to back it up.
The informal appeal was rejected (as always) but the NTO formal reps were accepted so she did not need to go to the Adjudicators.
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Make the same representation again.
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I have received the Notice to Owner, what do I need to do now please?
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Honestly with these Redbridge roads where I have the footway parking resolutions, I've never lost.
You don't really have to do much as far as the tribunal appeal is concerned, you just fill out a letter of authority and I'll do everything else for you.
Thanks, will keep you updated.
thanks
You will win this. I had a similar case few years ago, I contacted the council and ask them to provide me the council resolution on the restrictions in the road where my car parked. They provided me the resolution and it was clear that the road was exempted.
Thanks
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Well obviously wait for the Notice to Owner, I take it you're the registered keeper and have the V5C?
Hi, Yes I have the V5c.
what are the chances I will win this, is it worth the effort of going to appeal if there is a chance they will end up siding with the council and I have to end of paying more and wasting time?
You will win this. I had a similar case few years ago, I contacted the council and ask them to provide me the council resolution on the restrictions in the road where my car parked. They provided me the resolution and it was clear that the road was exempted.
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Honestly with these Redbridge roads where I have the footway parking resolutions, I've never lost.
You don't really have to do much as far as the tribunal appeal is concerned, you just fill out a letter of authority and I'll do everything else for you.
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Well obviously wait for the Notice to Owner, I take it you're the registered keeper and have the V5C?
Hi, Yes I have the V5c.
what are the chances I will win this, is it worth the effort of going to appeal if there is a chance they will end up siding with the council and I have to end of paying more and wasting time?
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Well obviously wait for the Notice to Owner, I take it you're the registered keeper and have the V5C?
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For context,
Initial fine and pictures,
(https://live.staticflickr.com/65535/52957810637_f22e82b84a_c.jpg)
(https://live.staticflickr.com/65535/52958816263_377554d9a9_c.jpg)
It seems that the 'Park partly on Kerb' applies to the whole street and not just to part of the street.
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I had contested a Code 62 with,
Dear London Borough of Redbridge,
The alleged contravention did not occur. The PCN was issued for parking on the footway, however footway parking has been allowed on this road since 2014. The footway parking resolution disapplies the footway parking ban from the entire road, and any signs that suggest otherwise are simply incorrect. I refer you to the decision in Himat Kotecha v London Borough of Redbridge (2210061465, 18 March 2021), which was based on essentially identical facts.
As such the alleged contravention did not occur and the PCN must be cancelled.
Yours faithfully,
but have just had the appeal rejected.
(https://live.staticflickr.com/65535/53002374827_3999d90dfa_h.jpg) (https://flic.kr/p/2oKD2sK)