Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: zwi on July 09, 2024, 12:23:24 am
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My court is on 25/08/24, Could someone help me draft a good statement for the tribunal?
Thanks so much
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If you* want to continue(and IMO you have a very strong case) you have until 4 August to register your appeal. But why wait, you might as well do it now...
I have registered my appeal as advised. I lack self-confidence, particularly when it comes to court appearances. Therefore, I prefer to clearly write down my grounds of appeal. This is especially important for the two cases I mentioned earlier that I think can help me. It will be clearer for the judge to see my points in writing rather than hearing them spoken.
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If you* want to continue(and IMO you have a very strong case) you have until 4 August to register your appeal. But why wait, you might as well do it now. Simply get online to the Tribunal website with your unique code(in the NoR) and register. Your grounds would be 'contravention did not occur' and 'procedural impropriety'. As regards the substance of your appeal, at this stage you could simply write 'I rely upon my formal representations'.
IMO you should add to these with input from here before the deadline for the authority to upload its case summary. You can add further info after they have done so and before the hearing which you can either attend or conduct by phone, IMO do not opt for a decision simply on the submitted papers.
The procedural impropriety grounds are clear-cut IMO, but I would also suggest you submit a full appeal on the point of 'unloading' because you're likely to need to rely on this defence again in your business and IMO you need to test the council's position fully with the adjudicator.
*- pl confirm that you are the registered keeper(just to rule out the possibility that 'on behalf of your father' doesn't include using his vehicle)
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IMO you need to order your thoughts and evidence from which would come the structure of an appeal.
The wad of vouchers...
The contravention...
The Notice of Rejection...
So in short: whether your appeal focuses on their procedural improprieties in preference to the contravention depends upon the relative evidence. We can see the NoR but there's a lot missing from issues related to the contravention.
Thanks for the lengthy reply.
The wad of vouchers.
1) my father was employments there, till few month ego, when he retried, in the last months he had to miss the job, and I took over if I was available. since than, I become unofficially substitute when someone is unable to come...
2)Those visitors vouchers was mainly used for my own address residential parking ( in different borough, it is cheaper for me this way) and left them in the car. ( please note, its not only vouchers, I have there all papers to do with the car as MOT's, repairs receipts etc...)
3) The voucher from previous day, was from visiting an elderly family member from same zone, not from delivery ! I never use vouchers for delivery's .
4) Yes, I did deliver to this address beforehand.
The contravention
1) The delivery note is dated, see the full picture enclosed, do you mean the date/ name from the person that signed it? I never had somebody that filled all the boxes... in most time they just sign.
2) I redacted it, as I don't think it make a difference to see what was the delivery etc...
anyway you can see it now in the link enclosed.
https://photos.app.goo.gl/F7k58yjphSmLuSgx5
The Notice of Rejection
I send again my representation in the link enclosed (when I send it on Hackney site, I get conformation in PDF that looks like letter from Hackney)
I don't really understood everything,
But this is the history:
15/05/24 pcn served
28/05/24 I challenge it
04/6/24 rejected
27/06/24 NTO
02/07/24 representations
04/07/24 NOR
Does it make sense?
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IMO you need to order your thoughts and evidence from which would come the structure of an appeal.
The wad of vouchers.
In what capacity do you deliver e.g. employee, freelance etc;
Does this entail using vouchers in order to park in permit bays which may be located closer to premises;
How do you obtain these;
Had you delivered to these premises before;
Why didn't you use a voucher on this occasion;
The contravention
As the authority do not argue that delivering is not an exemption then you may presume it is. If so, then IMO this cannot be qualified in a traffic order (for example as long as it doesn't take more than X minutes) neither may the authority reject your reps simply because the CEO observed for more than Y minutes - they have done what many authorities do which is to mistake their duty to consider reps with whether the CEO acted properly in issuing the PCN: the CEO only knows one side of the story whereas the authority know both and must consider the matter in this context;
Why isn't the Delivery Note dated and doesn't contain a name;
Why have you redacted the delivery address and the item descriptions;
The Notice of Rejection
Probably one of the worst I've seen, as in procedural errors;
Where are your representations;?
See this from the PCN:
3.—(1) A regulation 9 penalty charge notice must include the following information—
(a)that a person on whom a notice to owner is served may, in accordance with these Regulations, make representations to the enforcement authority against the penalty charge and, if those representations are rejected, appeal to an adjudicator;
(b)that if, before a notice to owner is served, representations against the penalty charge are received at such address as may be specified in the notice for the purpose those representations will be considered by the enforcement authority;
(c)that if a notice to owner is served despite the representations mentioned in sub-paragraph (b), representations against the penalty charge must be made to the enforcement authority in the form and manner and at the time specified in the notice to owner.
Focus on (c). What this means in plain English is that if the driver challenges but does not receive a reply the owner must still make representations when served with a NTO. The reason for this is that the regs anticipate that a reply might not be received and (c) means that not receiving a reply is NOT grounds to not comply with a NTO.
By the same token, IMO the duty placed on an authority to respond to formal reps and give their reasons DOES NOT allow them, as in this case, to simply state as reasons for rejecting reps 'see what we wrote to you last time'. Even if your reps were simply 'I rely on my previous representations' I still don't think this exempts the authority from their duty.
And they've got the regulatory dates for paying, making an appeal and serving a CC wrong as well. But hey-ho!
So in short: whether your appeal focuses on their procedural improprieties in preference to the contravention depends upon the relative evidence. We can see the NoR but there's a lot missing from issues related to the contravention.
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What is needed now is the Traffic Regulation Order to see if loading is an exemption from the the conditions for the bay, (permit holders only).
I found 2 cases below that is similar to mine each one in different way.
I think it will good to mention them in my appeal which I still waiting to someone to help me writing a draft, also H C Andersen advice to include explanation of the Visitor's Vouchers... as I wrote, the one that its not upside down left from previous day, and the others that are upside down -all used- since I own this car, I don't think it should make a different for the appeal, do you?
Just to clarify, I didn't carry washing machine, but my delivery was quite big, about 20-30 kg.
As I wrote in my appeal, beside the time of walking from the car and back, I had to wait for the right member of staff to came out to verify the delivery, checking it and signed it for.
The cases (it might also help others)
from: https://www.londontribunals.gov.uk/sites/default/files/keycases/LOADADJ.pdf
1) F & M Services Case Reference 1960130992 Hammersmith and Fulham On 2 February 1996 the appellant’s vehicle M742 MJU was seen parked in Barclay Road in a shared use bay without displaying either a residents’ permit or a pay and display ticket. The parking attendant observed the vehicle for 9 minutes, during which time there was no sign of loading or unloading taking place. Penalty Charge Notice HF37030063 was issued at 12.11pm. The appellant was in fact delivering a washing machine and thereafter paperwork was being completed inside the customer’s premises. This was a delivery in the course of the Appellant’s business ( and even if it were not it would nevertheless be covered in view of the weight and bulk of the goods). Taking these factors into account I am satisfied that the Appellant has given a satisfactory explanation for the 9 minutes during which no activity was seen. Although the paperwork is not specified I am satisfied it was part and parcel of the delivery process. I therefore allow this appeal.
2)
Mr Stephen Rosen Case Reference 1960145537 Hackney On 10 April 1996 in Britannia Walk the appellant’s vehicle D27 KMT was observed parked in a restricted street during controlled hours on a single yellow line. During a 6 minute observation period no delivering was seen to be taking place and Penalty Charge Notice HK02495563 was issued. During the period in question the Appellant, who had been delivering cleaning supplies, was storing them into a storage cupboard allocated for that purpose, which involved stacking and arranging the goods so as not to obstruct the cleaner from gaining access to equipment. Following that he had to wait several more minutes for a signature whilst the consignee was making a telephone call. Although this is perhaps a borderline case I am not persuaded that storing of the cleaning supplies in a cupboard can be treated as part of the delivery. Whilst it was no doubt convenient to store the goods away to make life easier for the cleaner this seems at first sight a separate task from the delivery. The waiting for the consignee to finish his telephone call could in my view be seen as part of the delivery had it been the only delaying factor. I therefore refuse this appeal.
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OP, please explain the wad of Visitor's Vouchers on your dashboard, I suspect these need to be woven into your appeal.
It was left in the dashboard from previous day that I parked in the same zone (different road!), you can see in the pictures that there is more used permits from this and other zones in the dashboard upside down.
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OP, please explain the wad of Visitor's Vouchers on your dashboard, I suspect these need to be woven into your appeal.
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So it is now a no-brainer to take them to London Tribunals, with no offer of the discount in their letter.
What is needed now is the Traffic Regulation Order to see if loading is an exemption from the the conditions for the bay, (permit holders only).
I suspect our administrator would like to go at your case like a terrier at a rat, so wait until he comes on here. Don't however, miss the deadline to register an appeal at London Tribunals. All you have to say on your appeal is "I rely on my formal representations to the council". This can be upgraded before the hearing.
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Hi
I was delivering goods to a local institute, and the nearest available parking spot wasn't right next to it. By the time I carried all the items to the institute and waited for the person in charge to check, count, and sign for the delivery, more than 8 minutes had passed. When I returned to my car, an officer was already printing the PCN. I tried to explain the situation to him, as shown in the attached pictures, but he said it was too late since the ticket had already been issued.
Additionally, a resident permit was left on my windshield from the previous day, though I hadn't planned to use it for the unloading process.
I attached all the correspondence and evidence. I was confident the ticket would be cancelled, so I didn't initially post about it. However, after being rejected twice, I've now reached the final stage of "notice of appeal", Could someone help me draft a better statement for the Appeal?
Thanks so much.
All documents and (14 !!!) photos here: https://photos.app.goo.gl/pbeKY5o5HA2Ymmz17
Location: https://www.google.com/maps/@51.5656438,-0.0585915,3a,75y,56.1h,92.1t/data=!3m6!1e1!3m4!1siv6LvDv-S7ACLZar7A4M3A!2e0!7i16384!8i8192?coh=205409&entry=ttu