Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Bkkee on April 18, 2024, 10:50:00 pm

Title: Re: Redbridge - code 11 parked without payment - Ilford Lane
Post by: cp8759 on June 09, 2024, 01:43:50 am

As Incandescent says, just make the same representation again and if they reject, we'll deal with it then.

Title: Re: Redbridge - code 11 parked without payment - Ilford Lane
Post by: Incandescent on June 04, 2024, 11:20:11 pm

It seems their system allows you to submit more than one informal challenge; nothing wrong with that, I think.  They have up to 6 months to serve a Notice to Owner, but the Statutory Guidance on Parking 2022 suggests it is issued within 56 days. However adjudicators don't consider up to 3 months unreasonable.

So as cp8759 suggested back in April, submit the text of your informal challenge as your formal representation against the NtO, and see what they come back with. Post it here when it arrives.

Title: Re: Redbridge - code 11 parked without payment - Ilford Lane
Post by: Bkkee on June 04, 2024, 10:54:35 pm

Quote from: cp8759 on May 15, 2024, 11:08:21 pm

@Bkkee something's not right here, please can you give us the PCN number and the number plate, and also please post up the notice to owner.

So I had submitted the initial challenge on their website (within 14 days of PCN issuance date) and after I received rejection of challenge letter I logged back in to my PCN which showed its Status as “Notice to owner posted” and there was a link to submit representation, which I did, but then was again issued rejection of challenge letter as before. I didn’t receive an NtO in the post though.

I have NOW received NtO which was issued on 31st May (PCN issued on 16 Mar so not sure if NtO can be issued so late). I also noticed NtO has one letter of my name misspelt (not sure of legal implications of this either).

PCN number is AF07209558. Reg is (B-X 71 F -DD) without dashes and spaces (sorry about that).

A summary of timeline;

1. 16 Mar - PCN issued
2. 21 Mar - Challenge submitted
3. 03 Apr - Letter issued declining the challenge and advising to wait for NtO if I want to formally appeal
4. 29 Apr - PCN account showed a link to submit representation which was done
5. 08 May - Similar letter as in point 3 above issued
6. 31 May - NtO issued (with 1 incorrect letter in my name).

Will appreciate advice in next steps. Thanks in advance.

Title: Re: Redbridge - code 11 parked without payment - Ilford Lane
Post by: cp8759 on May 15, 2024, 11:08:21 pm

@Bkkee something's not right here, please can you give us the PCN number and the number plate, and also please post up the notice to owner.

Title: Re: Redbridge - code 11 parked without payment - Ilford Lane
Post by: Bkkee on May 11, 2024, 04:45:29 am

Hi,

My formal representation to Councils Parking Appeals section was rejected (see attached). My understanding was the next step would’ve been an independent adjudicator however I’ve been issued kind of the same letter as the one above which advises me to wait for Notice to Owner to be issued and then to make formal representation. Can someone kindly advise if this is right and what should be the next steps?

Many thanks in advance.

[attachment deleted by admin]

Title: Re: Redbridge - code 11 parked without payment - Ilford Lane
Post by: Bkkee on April 25, 2024, 12:20:41 am

Cheers mate, I’ll let you know as soon I hear back. Although the challenge rejection letter allowed 14 days to still pay reduced penalty but it’s been over 21 days now and the penalty still shows at reduced rate, guess their pcn department is pretty busy. :D

Title: Re: Redbridge - code 11 parked without payment - Ilford Lane
Post by: cp8759 on April 22, 2024, 10:13:04 pm

@Bkkee have a look at John Carmody v London Borough of Redbridge (2210237357, 24 June 2021) (http://John Carmody v London Borough of Redbridge (2210237357, 24 June 2021))

This PCN was issued for the alleged contravention of being parked in Gaysham Avenue at 11.32am on 5 March 2021 without payment of the parking charge.

The CEO's images show that Mr Carmody's vehicle was parked with a pay and display ticket displayed in the windscreen. The ticket was valid from 11.27am to 12.27pm. The vehicle registration had not been completed. It is not in dispute that there was an hour's free parking at this location with the display of a pay and display ticket.

I allow the appeal because the PCN was issued for the wrong contravention. A vehicle cannot be parked without payment of the parking charge when no charge is payable. The PCN should have been issued for the alleged contravention of being parked without displaying a valid pay and display ticket.

Just wait for the notice to owner and then make the same representation again. If they're stupid enough to reject, we'll help you sort out the tribunal appeal.

Title: Re: Redbridge - code 11 parked without payment - Ilford Lane
Post by: Incandescent on April 20, 2024, 12:42:21 am

Quote from: Bkkee on April 19, 2024, 10:16:32 pm

Thanks for your input, happy to hear I’m not alone about incorrect code use but looking forward to input from some other folks as well.

Thanks

OK, but keep an eye on your deadline for submitting representations.

Title: Re: Redbridge - code 11 parked without payment - Ilford Lane
Post by: Bkkee on April 19, 2024, 10:16:32 pm

Thanks for your input, happy to hear I’m not alone about incorrect code use but looking forward to input from some other folks as well.

Thanks

Title: Re: Redbridge - code 11 parked without payment - Ilford Lane
Post by: Incandescent on April 18, 2024, 11:58:34 pm

Hmm.  I can't help thinking that the correct contravention would be "failure to display a parking ticket", but whether this would win at adjudication, I'm not sure, so see what the others say. I say adjudication because it's very unlikely the council will budge on this one. Obviously even if you get a free hour, they want to see something with a time on it to make sure you haven't over-run your time. The Traffic Order must have the exact conditions for the location in it, they can't just make it up as they go along.

Title: Redbridge - code 11 parked without payment - Ilford Lane
Post by: Bkkee on April 18, 2024, 10:50:00 pm

Hi,

I had parked my car for less than 1 hour which was free however I apparently had to book my car in anyway. I received a pcn with code 11 “Parked without payment of the parking charge”. I challenged it citing I didn’t owe parking charge as the duration of my stay was free, I had also provided screenshot of my car’s built in app which clearly showed my duration of parking however they rejected it on the basis that it was pay and display (no dispute on my screenshot and duration of stay). My question is, should they not have issued pcn with a different code referring to pay and display? I’ve attached copy of pcn and decision letter. Should I pay or challenge it further?

Many thanks in advance.

[attachment deleted by admin]