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Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: iispartan on April 26, 2024, 12:51:16 pm

Title: Re: Camden Council - failing to comply with prohibition- I have a residents permit!
Post by: cp8759 on April 29, 2024, 10:56:52 pm

The term registered must be a reference to the Vehicle Excise and Registration Act 1994 i.e. the registered address with DVLA.

So assuming the car is so registered, you want to send the address page of the V5C, this has nothing to do with parking permits. Other than that your draft is spot on.

Title: Re: Camden Council - failing to comply with prohibition- I have a residents permit!
Post by: iispartan on April 29, 2024, 12:12:14 am

Yes the car is registered to an address at Redhill Street. My draft appeal:

Dear Camden Council,

I challenge PCN XXXXX on the grounds that the contravention did not occur. The vehicle in question is registered at an address in Redhill Street and under the The Camden (Redhill Street) Experimental Traffic Order 2022 there is an exemption in article 4.1.1 which states:

4.1 Nothing in Article 3.1 shall apply in respect of;
4.1.1 any motor vehicle registered to a property in Redhill Street or any property which can only be accessed by motor vehicle from Redhill Street;

As such, the PCN must have been issued in error and must be cancelled. I attach evidence of resident permit assigned to my vehicle.

Regards,

Title: Re: Camden Council - failing to comply with prohibition- I have a residents permit!
Post by: cp8759 on April 28, 2024, 11:06:44 pm

@iispartan the notice and statement of reasons etc is all irrelevant as they don't have force of law, the actual order starts on page nine.

There is an exemption at article 4.1.1 (see page 10):

4.1 Nothing in Article 3.1 shall apply in respect of;
4.1.1 any motor vehicle registered to a property in Redhill Street or any property which can only be accessed by motor vehicle from Redhill Street;

So, is the car registered at an address in Redhill Street, or an address which can only be accessed by motor vehicle from Redhill Street?

Title: Re: Camden Council - failing to comply with prohibition- I have a residents permit!
Post by: iispartan on April 26, 2024, 01:08:44 pm

GSV of location: https://maps.app.goo.gl/PdpSAGzA6x4nxMWu8?g_st=ic

Title: Re: Camden Council - failing to comply with prohibition- I have a residents permit!
Post by: iispartan on April 26, 2024, 01:02:24 pm

See the Traffic Order here https://www.camden.gov.uk/documents/20142/4207163/2022+No.+115+-+published+18+August+2022.pdf/685b9768-b42c-453b-c139-d9bdefa7b0db?t=1660844054947

Under Redhill Street:
“ Motor vehicles are prohibited from entering Redhill Street at both its junctions with Albany Street (northern junction adjacent to Gardner House, southern junction adjacent to St. George’s Antiochian Orthodox Cathedral) on Mondays to Fridays between 8 and 9.15 am and between 2.45 and 4pm during Christ Church C of E Primary School term times. Exemptions to these timed restrictions will apply in respect of vehicles registered to properties in Redhill Street or properties accessible only via Redhill Street, to disabled badge holders living in Redhill Street or properties accessible only from Redhill Street and any other vehicles which may otherwise by authorised by the council”

Title: Re: Camden Council - failing to comply with prohibition- I have a residents permit!
Post by: Incandescent on April 26, 2024, 12:55:59 pm

Quote

my understanding is that residents are exempt

So what is this "understanding" based on ? Show us where it says residents are exempt on their website.

Title: Camden Council - failing to comply with prohibition- I have a residents permit!
Post by: iispartan on April 26, 2024, 12:51:16 pm

Hi all

Received this PCN through the post. We have a restriction during school hours on our road but my understanding is that residents are exempt as this is the first time we received a PCN.

My brother was driving and we hold a resident permit for this area so are exempt (I’ve included resident permit screen shot in evidence).

See link for PCN and council images:

https://imgur.com/a/DldiZI0

I’m thinking this is an easy appeal on grounds that we have a residents permit - but I’m trying to think why we’ve received this PCN.