Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Dottoy on July 28, 2023, 11:57:53 pm

Title: Re: Rejected PCN appeal
Post by: Dottoy on October 19, 2023, 08:01:36 am
Their first response to my appeal stated something quite the opposite. It's interesting that they ‘changed their perspective’ on it a few months down the line. ;D
You’re suggestions worked regardless! I'm very happy we won this procedural nonsense.
I’ll be signing off now.  Thanks again!
Regards,
Dot 

 
Title: Re: Rejected PCN appeal
Post by: Incandescent on October 18, 2023, 11:50:54 pm
Beautifully written prestidigitation from the council, but it's a win. Very well done !!
Title: Re: Rejected PCN appeal
Post by: Dottoy on October 18, 2023, 10:07:24 pm
Hi guys!
I finally got a letter in the post. My PCN has been cancelled.They recognised it now as a genuine misunderstanding.
Hurray! 
Thank you for your advice and support :)
Regards,
Dot

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Title: Re: Rejected PCN appeal
Post by: cp8759 on August 27, 2023, 08:50:04 pm
@Dottoy the NTO is defective so this is pretty close to an open and shut case. Here's a draft for you:

Dear London Borough of Bromley,

I rely on my informal representations in the first instance.

Furthermore, the notice to owner wrongly states that the penalty must be paid within 28 days of the date of the notice, rather than 28 days from the date of service of the notice. This is a procedural impropriety on the basis of which the PCN must be cancelled in any event.

Yours faithfully,
Title: Re: Rejected PCN appeal
Post by: Incandescent on August 27, 2023, 09:11:58 am
No photos ?
Title: Re: Rejected PCN appeal
Post by: Dottoy on August 27, 2023, 12:59:08 am
Hello there,
Apologies for the delay. I'm away with limited access to wifi.
Please, find below the body of my appeal.
“I want to appeal the PCN dated 16.05.23.I parked my little car next to the kerb on a residential road which is located behind the bottom of the High Street to take my donations to a charity shop. I couldn't find a parking space anywhere near the charity shop, so I circled the neighbouring area for a while. I saw the car driving off this little spot and decided to park there. It was in the front of a semi-detached house with a very wide driveway, big enough for 3 cars. I tipple-checked if I wasn't causing an obstruction. I dragged my donations to a charity shop and on my return, I almost cried when found a PCN behind the wiper. Even though the kerb seemed to be on a shorter side I would never thought I would be causing a nuisance or causing an offence. I am a very careful driver and always respect road signage and restrictions. The time of PCN is 11:21-11:21 so no observation time. I feel it was issued very unfairly. All I wanted to do was a good deed. Please cancel this PCN. Thank you!’
Title: Re: Rejected PCN appeal
Post by: cp8759 on August 26, 2023, 06:48:32 pm
@Dottoy any update on this please?
Title: Re: Rejected PCN appeal
Post by: mrmustard on August 21, 2023, 12:50:28 pm
Can we see waht you said in your informal challenge please and is there paperwork to support loading?
Title: Re: Rejected PCN appeal
Post by: Dottoy on August 20, 2023, 10:54:26 pm
https://www.dropbox.com/sh/5j5v21n8ljfixku/AACLIrltA_eqbcGZZDVXfI1Oa?dl=0
Title: Re: Rejected PCN appeal
Post by: Dottoy on August 20, 2023, 10:33:39 pm
Hi there,
I believe I‘ve uploaded it. Let me try again.

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Title: Re: Rejected PCN appeal
Post by: mrmustard on August 20, 2023, 09:36:10 am
Please post up clear copies of all pages of the Notice to Owner so we can fine tooth comb it for errors. This is often how we winn, technicalities
Title: Re: Rejected PCN appeal
Post by: Dottoy on August 19, 2023, 11:16:57 pm
Good evening!
I followed your advice and didn't pay the penalty fee. I now received a ‘Notice to Owner’. What shall I do next?  Appeal it?
Thank you in advance for your guidance on it.
Warmest regards,
Dot

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Title: Re: Rejected PCN appeal
Post by: cp8759 on July 29, 2023, 01:07:03 am
Just wait for the Notice to Owner and post it on here when you get it. Don't worry about the discount, they'll reoffer it at the next stage anyway, and I'm highly confident we can get this PCN cancelled at the tribunal in any event.
Title: Rejected PCN appeal
Post by: Dottoy on July 28, 2023, 11:57:53 pm
Hi Guys,
This is URGENT!
My PCN appeal has been rejected. I parked slightly over the lowered kerb in front of someone’s driveway and this person called the council and asked the traffic warden to issue the PCN. The deadline for appeal is tomorrow. Please see the body of the letter and advise. The order of pages is 1, 3, 2.  Thanks a million!

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