Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: KF9393 on May 02, 2024, 08:45:30 am

Title: Re: Bexley PCN, Code 12 parked in a residents' or shared parking, ABBEY ROAD
Post by: Incandescent on October 06, 2024, 09:20:39 am
As they say - "collapse of stout party"
Well done !
Title: Re: Bexley PCN, Code 12 parked in a residents' or shared parking, ABBEY ROAD
Post by: KF9393 on October 06, 2024, 08:36:26 am
Morning All,

I recieved an email last night from London Tribunals that the Enforcement Agency will not contest my appeal and therefore my appeal has now been upheld without considering the evidence of the case.

Just wanted to let you all know and thanks to all of you for your help!
Title: Re: Bexley PCN, Code 12 parked in a residents' or shared parking, ABBEY ROAD
Post by: KF9393 on October 03, 2024, 10:50:03 am
Thank you! I've submitted my appeal with your template. There wasn't a direct option to opt for a telephone hearing so I've requested in person but also added a note for the trial to be heard digitally.

Il keep you all posted.
Title: Re: Bexley PCN, Code 12 parked in a residents' or shared parking, ABBEY ROAD
Post by: stamfordman on September 30, 2024, 09:49:28 pm
I've tweaked this a bit but I doubt Bexley will contest.

Opt for a telephone hearing.

-----------

I am appealing this PCN because the alleged contravention did not occur. I parked in good faith in what seemed to be a pay bay and Bexley has made a mistake in rejecting my representation by confusing my car with that of another car that caused the markings between two bays to be obscured.

Having reviewed the CEO's photos it is clear that there are two distinct bays separated by bay divider markings; however, it is obvious that I missed these because a silver Honda was parked directly on top of those markings. Please see the CEO's photo (attached).

While I appreciate it is not the council's fault that the silver Honda was parked on top of the road markings, that is not my fault either. As the bay divider markings were not visible, I had no way of knowing that my car was not parked in the pay and display bay. I attach a copy of my RingGo receipt showing that I paid £14.80 to park.

Please note also that I parked my car close to the pay and display machine, while the permit only sign was away from my car and I walked in the opposite direction to the sign when I got out of my car. I am attaching a photo to illustrate the point.

Note that in rejecting my representation, Bexley Council ignored my grounds and stated the following "Your vehicle was parked partly in a permit holders' bay where pay and display tickets and cashless payments are not valid. You can see in image 4 that your vehicle was parked across the end of a bay with one type of restriction and into the start of another bay with a different restriction." This is in reference to the silver Honda as shown in the attached image, which is not my vehicle.

In light of the above I kindly request you uphold my appeal.
Title: Re: Bexley PCN, Code 12 parked in a residents' or shared parking, ABBEY ROAD
Post by: KF9393 on September 30, 2024, 04:44:06 pm
Good spot! In terms of my appeal to London Tribunals, is the below sufficient?

I challenge liability for this penalty because the alleged contravention did not occur. Having reviewed the CEO's photos it is clear that there are two distinct bays separated by bay divider markings, however it is obvious that I missed these because a silver Honda was parked directly on top of those markings, please see the CEO's fourth photo.

While I appreciate it is not the council's fault that the silver Honda was parked on top of the road markings, that is not my fault either. As the bay divider markings were not visible, I had no way of knowing that my car was not parked in the pay and display bay. I attach a copy of my ringo receipt showing that I paid £14.80 to park.

I believe Bexley Council have my vehicle mixed up with the Silver Honda. The reason I believe this is because in my appeal rejection letter, Bexley Council ignored my grounds of appeal and stated the following "Your vehicle was parked partly in a permit holders' bay where pay and display tickets and cashless payments are not valid. You can see in image 4 that your vehicle was parked across the end of a bay with one type of restriction and into the start of another bay with a different restriction." This is in reference to the Silver Honda as shown in image 4 which is not my vehicle.

Furthermore my car was parked in close proximity to the pay and display machine, while the permit only sign was away from my car and I walked in the opposite direction to the sign when I got out of my car, I am attaching a photo to illustrate the point.

In light of the above the PCN should be cancelled.

Yours faithfully,
Title: Re: Bexley PCN, Code 12 parked in a residents' or shared parking, ABBEY ROAD
Post by: stamfordman on September 30, 2024, 12:00:19 pm
They've misidentified you car, saying it is the one straddling the bays, which they also ticketed. So this should be easy to win as they've not read your reps properly. I doubt they'll contest this as it would make them look stupid.

(https://i.imgur.com/Gd4lxCc.png)

(https://i.imgur.com/DCaz9sb.jpeg)
(https://i.imgur.com/YVq4M2L.jpeg)
Title: Re: Bexley PCN, Code 12 parked in a residents' or shared parking, ABBEY ROAD
Post by: John U.K. on September 30, 2024, 07:30:33 am
Fir conveneience, using the BBCodes provided by Freeimage

(https://iili.io/dtHYYQI.jpg) (https://freeimage.host/)

(https://iili.io/dtHY7hN.jpg) (https://freeimage.host/)

Title: Re: Bexley PCN, Code 12 parked in a residents' or shared parking, ABBEY ROAD
Post by: Incandescent on September 29, 2024, 07:19:58 pm
With no re-offer of the discount, it is now a total no-brainer to take them to London Tribunals, and as said by cp8759, your case is strong. The penalty remains the same, and there are no additional costs.
Title: Re: Bexley PCN, Code 12 parked in a residents' or shared parking, ABBEY ROAD
Post by: KF9393 on September 29, 2024, 07:04:59 pm
Hi again,

I have once again received an rejection letter from Bexley Council after both appeals. I now have the option to appeal to the Parking Adjudicator or pay £110.

https://freeimage.host/i/dtHYYQI

https://freeimage.host/i/dtHY7hN

I can't seem to attach the image to this post so I have posted links above.
Title: Re: Bexley PCN, Code 12 parked in a residents' or shared parking, ABBEY ROAD
Post by: Incandescent on July 29, 2024, 10:19:31 pm
It's the usual Fob-Off letter sent in response to informal challenges.  YOu have a strong case, so if it were me, I'd wait for the NtO and submit more or less the same reps as before, but pointing out the misinformation in their response. No doubt cp8759 can improve on them ! 
Title: Re: Bexley PCN, Code 12 parked in a residents' or shared parking, ABBEY ROAD
Post by: KF9393 on July 29, 2024, 07:19:35 pm
Hi All,

Just an update, I've recieved a letter in the post today from Bexley Council rejecting my appeal. Seems they ignored most of my appeal reason and focused on what they wanted.

(https://freeimage.host/i/dTepxiF)

(https://freeimage.host/i/dTepTla)

https://freeimage.host/i/dTepxiF

https://freeimage.host/i/dTepTla
Title: Re: Bexley PCN, Code 12 parked in a residents' or shared parking, ABBEY ROAD
Post by: cp8759 on June 26, 2024, 10:26:51 pm
If you've not received the notice to owner within a couple of weeks, just make representations again using the same draft. If an NTO has been issued the representations will be considered as formal representations regardless of the fact that you might not have physically received the NTO.
Title: Re: Bexley PCN, Code 12 parked in a residents' or shared parking, ABBEY ROAD
Post by: Incandescent on June 25, 2024, 05:48:25 pm
Unfortunatelyy, no, it is not correct.

The 56 day limit applies to formal representations against a Notice to Owner, which you have yet to receive. With the penalty having now gone up to £110, there should be one on its way soon.
You have submitted an "informal challenge" and there is no time limit on responding to these. In fact, if you look at the back of your PCN, you'll see a paragraph before the Data Protection Statment where it is explained.  Essentially, you MUST respond to the Notice to Owner, assuming you are the owner.
Title: Re: Bexley PCN, Code 12 parked in a residents' or shared parking, ABBEY ROAD
Post by: KF9393 on June 25, 2024, 05:05:49 pm
Thank you for response. I had sent them that at the beginning of May and yet to receive a response.

I can still access my PCN on the council website and the ticket has now gone up to £110. As I've not had any response, from what I've seen online if I do not hear anything within 56 days then the PCN is cancelled.

Is this correct?
Title: Re: Bexley PCN, Code 12 parked in a residents' or shared parking, ABBEY ROAD
Post by: cp8759 on May 03, 2024, 07:22:58 pm
This looks straightforward, here's a draft representation:

Dear London Borough of Bexley,

I challenge liability for this penalty because the alleged contravention did not occur. Having reviewed the CEO's photos it is clear that there are two distinct bays separated by bay divider markings, however it is obvious that I missed these because a silver Honda was parked directly on top of those markings, please see the CEO's fourth photo.

While I appreciate it is not the council's fault that the silver Honda was parked on top of the road markings, that is not my fault either. As the bay divider markings were not visible, I had no way of knowing that my car was not parked in the pay and display bay. I attach a copy of my ringo receipt showing that I paid £14.80 to park.

Furthermore my car was parked in close proximity to the pay and display machine, while the permit only sign was away from my car and I walked in the opposite direction to the sign when I got out of my car, I am attaching a photo to illustrate the point.

In light of the above the PCN should be cancelled.

Yours faithfully,

Send this via the council website and keep a screenshot of the confirmation page.
Title: Re: Bexley PCN, Code 12 parked in a residents' or shared parking, ABBEY ROAD
Post by: KF9393 on May 02, 2024, 11:38:34 am
Thanks, couldn't see those options as I had originally posted this from my phone. It also still wouldn't let me upload all my photo's so I've had to modify both posts.
Title: Re: Bexley PCN but I paid via Ringo
Post by: John U.K. on May 02, 2024, 10:57:45 am
Quote
More photos as it would not allow me to upload more than 4.

Please have a read of

https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/

and post up here both sides of the unredacted PCN and a GSV link to the location.
Title: Re: Bexley PCN but I paid via Ringo
Post by: KF9393 on May 02, 2024, 08:47:19 am
(https://i.imgur.com/IEHgWTo.jpeg)
Title: Bexley PCN, Code 12 parked in a residents' or shared parking, ABBEY ROAD
Post by: KF9393 on May 02, 2024, 08:45:30 am
Morning All,

I parked on Abbey Road, Abbey Wood SE2 between 11am - 1pm and paid £15.10 for 2hrs parking via Ringo.

There was only was space available and when I came back to my car I noticed an PCN on my vehicle.

Baffled how I received this PCN I viewed their evidence and it looks like where I had parked was 'permit holders only' as you can see in the pictures below, another vehicle was parked over the double lines which separate payed parking and permit bays. The pay to park sign was right near my vehicle and the PERMIT HOLDERS ONLY SIGN was further down the road, the complete opposite direction I was going as the station was behind me.

I believe this in entirely unfair as I had no intention of not paying as I did pay via Ringo. I do not believe this is signed properly and other people had PCNs on their vehicle so I'm assuming it's a common mistake.

There was so signage separating payed for parking bays or permit holder only bays.

https://maps.app.goo.gl/B63pLzxi7iTSCP3K9(https://www.ftla.uk/proxy.php?request=http%3A%2F%2F%5Bimg%5Dhttps%3A%2F%2Fi.imgur.com%2FIEHgWTo.jpeg&hash=846f8d4b43b6e2f6d695991cf040f784239f6600)

(https://i.imgur.com/NLopkqL.jpeg)

(https://i.imgur.com/f622n1G.jpeg)

(https://i.imgur.com/emf1zRQ.jpeg)

(https://i.imgur.com/8ZcB8Im.jpeg)

(https://i.imgur.com/sPE6sFQ.jpeg)

(https://i.imgur.com/h3Rq29q.jpeg)

(https://i.imgur.com/UBewIOl.jpeg)