Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: iispartan on January 31, 2024, 02:24:47 pm
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@iispartan there's no point in paying now, if you want for the notice to owner and challenge in within 14 days they almost invariably reoffer the discount. Therefore you might as well give them another chance to mess things up.
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I would PM cp8759.
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Is it worth pursuing this further or is this a gamble?
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Challenge rejected by Islington:
Response here https://imgur.com/a/JZlUWbo
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Okay thanks for this. So is the draft good to go I’ll just delete the “see attached evidence bit” ?
Yes.
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Okay thanks for this. So is the draft good to go I’ll just delete the “see attached evidence bit” ?
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cp8759 is also a "wicked" wizard! That first case was a bit of a mouthful though.
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I think it's worth employing the tactic explained here (https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/city-of-edinburgh-02-parked-in-a-restricted-street-lochrin-buildings-gilmour-pla/msg7413/#msg7413), because I know from experience that Islington Council won't look at the evidence.
However only a failure to consider at the formal representations stage will work, so I suggest you take out "I attach evidence that I have been a paying resident permit holder over the last years, as well as currently having a permit which I immediately purchased upon realising it did not renew" and don't attach anything.
At the notice to owner stage, if you send me the supporting evidence I can set up a couple of links with a click counter. This approach is quite novel but so far it has always worked, see these cases:
Simandeep Johal v London Borough of Lewisham (2230428653, 04 November 2023) (https://drive.google.com/file/d/1uO4vGI2oqMEn4AfG0PX8a90jO0Imon3E)
Long Ting Lo v London Borough of Brent (2230490555, 18 December 2023) (https://drive.google.com/file/d/1IaAVxq0zNiq-yHtv8TKA-2-jnN2vT9Me)
Norbert Adam v London Borough of Sutton (2230516863, 06 January 2024) (https://drive.google.com/file/d/1pz8orQwnksYme7uUVkdgiz7HFQdLu-OK)
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Draft below:
Dear Islington Council,
I’m writing to appeal the PCN on the grounds that I am a resident permit holder and have been for the last 5 years. I apologise for not renewing on time, I was wrongly under the impression that it would renew automatically but that wasn’t the case. I can only apologise and can assure you that this doesn’t happen again. I plead that on this occasion you cancel this PCN as a token of good will.
I attach evidence that I have been a paying resident permit holder over the last years, as well as currently having a permit which I immediately purchased upon realising it did not renew.
Regards
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Post a draft on here first and we'll tidy it up for you.
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So now he needs to submit an informal representation explaining that he has been a permit holder for 5 years, but on forgot to renew his permit this year , and request that on this ocasion the PCN be cancelled on a goodwill basis.
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It was a matter of days, expired on 24th January
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'but in this instance didn’t renew on time?' can cover a multitude of alternatives e.g. 1 day late, 1 week late, 1 month.....?
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Hi all
On behalf of a friend, who received a PCN on his road where he is a resident. He did have a resident permit but didn’t renew on time and has now been issued with a PCN. Is there any grounds to appeal this on the basis that he’s lived here over the last 5 years and has always had a resident permit but in this instance didn’t renew on time?
Link to PCN and council pictures here: https://imgur.com/a/47iXCob
Thanks