Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: ntown on August 05, 2023, 03:30:43 pm
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Appeal won on fail to consider
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It,s better still the TRO establishes exemptions for boarding/alighting and for loading including on the carriageway
Had the hearing today the adjudicator is against us on the wrong contravention point but at least i have persuaded her that it is arguable given the incorrect signage she has adjourned to give the council one further opportunity to address the second point and she accepts that a failure to consider is arguable re the NOR
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It,s better still the TRO establishes exemptions for boarding/alighting and for loading including on the carriageway
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The PCN is not for contravening the TRO establishing the footway and verges parking restriction, but for the clearway, which only applies to the carriageway. Looks like they need to retrain their CEOs.
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Have a hearing date of 11th of December, and have the council evidence including a TRO (CP i will send this to you) it creates a contravention of stopping on the verge or footpath so have had to look carefully at this It is easy to say wrong contravention and in my mind it is, but then what contravention has been committed any advice welcome So I look to the signage, this does not support a contravention of stopping on Verge or FP as it is a no waiting contravention sign the council put in evidence they also fail to use any traffic facing signs or repeaters as are prescribed by TSRGD so I am defending only the on carriage part and anything else is at least mired in ambiguity that must be resolved in our favour
Plenty of technical issues as well
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Appeal is registered am awaiting council pack
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Am dealing with this and if no response to my email to TPT on Monday will call them
Appeal registered and acknowledged
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Am dealing with this and if no response to my email to TPT on Monday will call them
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It would have been better to have let me create the account that you have done so means i will always need to wait for you to send me anything the council send or any messages from the tribunal. That can only mean delay not getting everything and thus reduce the chances of a win. let me think on the best way forward
If he hasn't submitted the appeal yet, you can still go ahead and register the appeal on your own account.
@ntown are you still with us? Sometimes people go it alone and it can end in disaster, see this example: https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/warwickshire-cc-pcn-code-24-not-within-markings-of-bay-lakin-road-warwick/
I'd hate for your case to be one of those.
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I can do nothing until I hear from you
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It would have been better to have let me create the account that you have done so means i will always need to wait for you to send me anything the council send or any messages from the tribunal. That can only mean delay not getting everything and thus reduce the chances of a win. let me think on the best way forward
I have sent you a PM
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It would have been better to have let me create the account that you have done so means i will always need to wait for you to send me anything the council send or any messages from the tribunal. That can only mean delay not getting everything and thus reduce the chances of a win. let me think on the best way forward
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+1 do you want me to represent you at tribunal ? if so let me know
yes please. I've made an account on the tribunal website and got to the point where it asks if I am the appellant or appellant's representative.
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@ntown I strongly recommend you take up Pastmybest's offer.
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+1 do you want me to represent you at tribunal ? if so let me know
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The PCN was issued for the wrong contravention.
Clearway parking only applies to the carriageway, not the footways or verges. There is a sign on their rejection showing a ban on parking on these, so the PCN should have been issued for parking off-carriageway, assuming they have created a traffic order for this. The CEO who served the PCN got it wrong, basically. In London, the ban applies from the 70s due to an Act of Parliament, but this was London-specific.
As they haven't re-offered the discount, it is now a no-brainer to take them to the Traffic Penalty Tribunal as the penalty remains the same, and there are no additional costs.
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Hello the council rejected my representations. I've attached their notice of rejection.
Please could you advise me on what to write in my appeal?
Thanks
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If you get a Notice of Rejection please make sure to post it on here before doing anything. Hopefully they'll exercise a bit of common sense and just cancel it though.
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Cheers, I've sent it. Won't park there again as I don't need the hassle!
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Your original reps look good enough to me. Their reponse to your original reps shows their total ignorance of the law. Hopefully you'll get a better response for reps against the NtO.
BTW, I wouldn't park there again, as the notice is clear, and the next CEO to come along will probably issue a PCN for the correct contravention.
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Since there's been no further advice I'll prep the letter as it was sent last time with a different heading and send it off unless I hear different by about 23:30 - don't want to risk being outside the 28 day window
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5-7 of 7
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Council's evidence attached (1-4 of 7)
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correct GSV link: https://goo.gl/maps/PJK2GMXJ3GMVTB1XA
Are you sure it's Monday? I don't remember when I received the notice. Do they never come the next day?
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You acctually have until Monday the 25th to submit your representation. Your link to GSV does not work please reposr and also post all of the council pics
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Also I noticed that I sent my appeal on 13 May but they replied on 2 August which is 81 days not within the 56 days I referred to in the appeal (https://www.ftla.uk/index.php?action=dlattach;topic=327.0;attach=738;image). Does this matter? A quick google looks to me like that only matters at the formal appeal stage (i.e. what I have to do now)
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If no-one else comments, send it again.
N.B. Heading will be
Representation against Notice to Owner for PCN xyz123
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Should I resend the exact same letter I sent them last time, online and by email?
May we see what you sent last time, please.
Hey John, certainly. 1 (https://www.ftla.uk/index.php?action=dlattach;topic=327.0;attach=736;image) and 2 (https://www.ftla.uk/index.php?action=dlattach;topic=327.0;attach=738;image)
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Should I resend the exact same letter I sent them last time, online and by email?
May we see what you sent last time, please.
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Hi there,
I only have a day to reply to this notice to owner now, I was delaying it and it slipped my mind.
Should I resend the exact same letter I sent them last time, online and by email?
Also isn't it odd that page 2 of this NtO has a 0845 number on it ?
Thanks,
Edited: the png files were huge
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What a nonsense PCN.
Assuming you're the registered keeper and have the V5C, just wait for the Notice to Owner and post it on here when you get it.
It's always a good idea to double-check the address on the V5C is 100% correct and up to date.
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appeal and response
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Moving post here from pepipoo as requested (currently at the response received after appeal stage)
I parked (around 4.30pm) on a pavement in front of a bus stop at this location https://goo.gl/maps/PJK2GMXJ3GMVTB1XA.Came back at 17:11 and had a PCN.
Contesting on the basis of premium-rate 0845 number on the back of the PCN as per advise on pepipoo.
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