Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: abdul_k@hotmail.co.uk on September 26, 2024, 10:20:13 am

Title: Re: Kingston, code 232 parked in a loading bay, Canbury Park Road
Post by: Hippocrates on October 01, 2024, 10:23:37 am
Update: Service no longer available.

Except if you want to pay!! >:( Goodbye Nolan Principles.

Further update: they have fixed it today sometime.
Title: Re: Kingston, code 232 parked in a loading bay, Canbury Park Road
Post by: Hippocrates on September 30, 2024, 10:11:56 pm
Update: Service no longer available.
Title: Re: Kingston, code 232 parked in a loading bay, Canbury Park Road
Post by: Hippocrates on September 30, 2024, 07:39:29 pm
Sorry, I will get back later this evening and set you some tasks. BTW the chatbox will be removed tomorrow as today is the last day NSL have the contract - it expires today. Sorry I have 4 appeals to write this evening. PM sent. Don't worry about the discount.

Please type in the statutory grounds in the search bar, see what the result is and retype it and screenshot it. Best if you do this from your PC. I have to do another one for a friend this evening. APCOA are taking over tomorrow so it is important you do this tonight as the website may change.

https://www.legislation.gov.uk/uksi/2022/576/regulation/5/made



(a)the alleged contravention did not occur;
(b)the recipient—
(i)never was the owner of the vehicle in question,
(ii)had ceased to be its owner before the alleged contravention occurred, or
(iii)became its owner after the alleged contravention occurred;
(c)at the time that the alleged contravention occurred, the vehicle in question was in the control of a person who did not have the consent of the owner;
(d)the recipient is a vehicle-hire firm and—
(i)the vehicle in question was at the material time hired from that firm under a hiring agreement, and
(ii)the person hiring it had signed a statement of liability acknowledging their liability in respect of any penalty charge notice served in respect of any relevant road traffic contravention involving the vehicle during the currency of the hiring agreement;
(e)the penalty charge exceeded the amount applicable in the circumstances of the case;
(f)there has been a procedural impropriety on the part of the enforcement authority;
(g)the order which is alleged to have been contravened in relation to the vehicle concerned, except where it is an order to which Part 6 of Schedule 9 to the RTRA 1984 applies, is invalid;

*****

E mail sent.

****

cp8759 may well differ re strategy; however, I have gone in hard re a moving traffic case and one parking case to test their response. I also have damaging evidence from their parking department.
Title: Re: Kingston, code 232 parked in a loading bay, Canbury Park Road
Post by: abdul_k@hotmail.co.uk on September 30, 2024, 05:36:19 pm
Hi @Hippocrates and @cp8759,

I just wanted to touch base with you to see if there were any further updates on this? Conscious the discounted time-frame is ending this week.

Thanks
Title: Re: Kingston, code 232 parked in a loading bay, Canbury Park Road
Post by: Hippocrates on September 26, 2024, 02:26:26 pm
I am conferring with cp8759 re the best strategy here and the other case.
Title: Re: Kingston, code 232 parked in a loading bay, Canbury Park Road
Post by: abdul_k@hotmail.co.uk on September 26, 2024, 02:18:01 pm
Thank you Hippocrates - much obliged!

I'll await your feedback.

Title: Re: Kingston, code 232 parked in a loading bay, Canbury Park Road
Post by: Hippocrates on September 26, 2024, 10:38:34 am
The way to beat this is via their shabby website grounds. I will be back later this evening.  Meanwhile, this thread expains:

https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/new-malden-code-73-parked-without-payment-of-the-parking-charge-malden-centre-ca/

I need time to go through your ticket and promise to get back.
Title: Kingston, code 232 parked in a loading bay, Canbury Park Road
Post by: abdul_k@hotmail.co.uk on September 26, 2024, 10:20:13 am
I received a PCN on Sunday 22nd September 24, as I had admittedly parked in a bay designated for loading.

(https://i.imgur.com/pS8URn0.jpeg)


I was parked right outside a shop, and had been inside for no more than 3 minutes(!) before I noticed a warden, through the window, taking pictures of my vehicle and placing a ticket on it. It seems they were stationed on that road, as they appeared very quickly after I entered the store.

https://maps.app.goo.gl/z85BTe731s2vy1y9A

Do I have grounds to contest this, and if so, what are the next steps? Feel free to let me know if there are any other details you require.

Thanks in advance!