Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: bonniemae88 on July 07, 2024, 09:54:19 am
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@bonniemae88 well we never heard back from you but for future reference here is:
The Hampshire (New Forest) (Prohibition and Restriction of Waiting and Parking Places) (Consolidation) Order 2021 (https://drive.google.com/file/d/1fwjJVXFLLCzTF6Rd7jnduRU3AdUc1LZr/view)
Map tiles part 1 (https://drive.google.com/file/d/1Tmo1c8dpsW9SOFK00wrTVqPYlgFie9km/view)
Map tiles part 2 (https://drive.google.com/file/d/1CTVo0lAR6WaksoNIZuIlrdHSiNIeUuH-/view)
Map tiles part 3 (https://drive.google.com/file/d/1BOdYdnoML6md6igbO3oBkemp0BwJLI2m/view)
Map tiles part 4 (https://drive.google.com/file/d/17wgeWCPo5zXZtcbzLvOyrOT4Yv5PsON2/view)
Map tiles part 5 (https://drive.google.com/file/d/1WTqdB-NKJdmsieXoN8tnB8gw992D7CK6/view)
The relevant map tiles are on pages 12 and 13 of part 1 (map tiles HB26 and HB27).
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@bonniemae88 if Leaseplan request a transfer of liability and a notice to owner is issued to your employer, will your employer be happy for you to appeal the penalty on the company's behalf?
In the meantime I have requested the traffic order.
Reps is shorthand for representations.
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Hi,
Thanks for the information.
Not sure what you mean by reps sorry?
And yes I have got the two roads mixed up i've got two tickets ongoing from that same morning! It was on Bruyn road - see GSV: https://maps.app.goo.gl/uRvbrxpoZe6yT8296
The car was leased through the employer and the lease company is Lease Plan UK.
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do we have any grounds to appeal this as we were not the registered keeper of this vehicle?
Using strict terminology, no. The lessee can never be the registered keeper, but liability can be passed to them as 'P' who would be regarded as the 'owner' for these purposes.
https://www.legislation.gov.uk/uksi/2022/71/regulation/6/made
Advice is tricky here because there are still 5 days left to pay the discount/ make risk-free reps and at least 19 days during which you are in charge of proceedings. After this it depends on several factors, including:
Whether you make reps, in which case the discount would be maintained until they reply + 14 days;
Was the vehicle leased directly or possibly by an employer and then allocated;
Is the lessor a national company or local. I ask because larger companies tend to deal with these issues regularly;
What action would the lessor take on receipt of a Notice to Owner demanding £70 e.g. pay in full and recharge, including admin. fee, make representations to transfer 'ownership', again including admin. fee;
What would be the marginal difference between the admin. fee and the discount(your contract paperwork should refer to the admin. fee);
We haven't seen the photos, but you seem to acknowledge that the car was parked on DYL and that the contravention occurred, however, the PCN relates to Bruyn Road whereas you've referred specifically to Salisbury Road!
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Here it is:
https://imgur.com/a/qOIRBT6
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Please to post a GSV link to the location.
For convenience:
(https://i.imgur.com/8xclfPq.jpeg)
(https://i.imgur.com/bOrpzqO.jpeg)
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Hampshire County Council
Code 01 parked in restricted street
Bruyn Road
Yes this is ticket number 2 in total from the same day! This is my partner's lease car from work which was being collected the next morning. Car was on the end of double yellows do we have any grounds to appeal this as we were not the registered keeper of this vehicle? There is no where to park around here hence the 2x double yellows :(
TIA
https://imgur.com/a/UUFEdB0