Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Jack fruit on October 27, 2024, 10:57:48 am
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Thanks very much for this Hippocrates, I will pay to clear this off on this occassion.
Thank you all for your time and advise on this case, best wishes.
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The 2003 Act allows one formal representation only I am afraid. So, you have to decide to pay or continue. An adjudicator cannot allow an appeal on mitigation.
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Hi everyone, just FYI, Newham have refused my informal appeal. I suppose I may need to pay this.
I wanted to ask a question around my understanding of the appeal process and escalations. From what I can see, Newham have an informal representation / Formal Representation / then the London Tribunal. I make this three seperate steps however, having made my informal representation within the 14 days, as copy below, with this being rejection, I had assumed that my next step would be the Formal Representation to Newham, however, according to the rejection letter, my options are to either pay or appeal with the London Tribunal. Is this correct?
Rejection letter, full document via this link: https://ibb.co/3Bcjjbw
Informal 14 day appeal below:
Date: Wed 06 November 2024
PCN: PN75755988 - 23/09/2024
Date of PCN issue: 24/10/2024
RRN: RO22 WVT
Re: Informal 14 day PCN Challenge
Dear Sir / Madam,
I make the following informal challenge:
For your kind information, my wife was driving our car at this time. The circumstances for the journey was due to the fact that our 12 year old niece was hospitalised as an emergency. Please see the hospital discharge document enclosed. She was in immense pain and was kept in the hospital 24/7 hours for a week.
Due to her age, we had to have a guardian accompany her, which were her parents and my wife - taking turns due to the 24 hours adult presence required. She had been admitted the evening before on 22nd Sept and my wife was returning in the morning on the 23rd Sept to take over from her parents.
This was a very stressful time for our family due to the pain and suffering my niece was undergoing and uncertainty as to the actual cause of the medical emergency.
We are hard working law abiding citizens, and pay full council tax. This was a real genuine error and I believe you can see that this restriction is relatively new and was not in place no more than a year or so ago from my memory.
In light of the above, please may I request you cancel the said PCN by way of your discretion on humanitarian grounds.
Yours faithfully,
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Hi H C Andersen,
I'm sorry for the delayed acknowledgement, I've been occupied with my neice's wedding last week.
Just to answer your questions:
You are the hirer, not your company?
YES, I believe so. I have this car for a full 4 years. This company car I have as part of my job, my employer pays for the lease and coordinates the necessary fleet arrangements but I have sole use.
So the details of the hirer on the hire company's records refer to you, not your employer?
YES - I beleive so, whenever a service, MOT or PCN matter requires communication, the lease company get in contact with me. The lease company have also issued me a letter stating I have the car for 4 years, to assist with my residents permit application.
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The car is a lease, given to me by my employer, I have had the lease company transfer the notice to my name and address, and the new PCN has now been issued to me.
You are the hirer, not your company?
So the details of the hirer on the hire company's records refer to you, not your employer?
IMO, the council have used a scatter-gun approach to complying with the Act in that the PCN contains contradictory provisions. For example:
You should take one of the following actions before the end of the period of 28 days beginning on the date of this notice:
....
(2) Make representations before the end of the period of 28 days beginning with the date of service of this notice.
?
But the statements which really annoy me are:
(2) Make representations before the end of the period of 28 days beginning with the date of service of this notice.
Any representations made after the end of the period of 28 days beginning with the date of service of this notice may be disregarded.
My emphasis.
So what the hell does the following mean:
If you do not.....make representations...may issue a charge certificate..It will then be too late to challenge the penalty.
Can only mean that they are fettering their discretion to not disregard late submissions in the event that a CC has been served.
I bet this isn't in any published council policy.
The above wouldn't be accepted by the council at the reps stage so you'd be in for the full penalty at adjudication to get an independent hearing on them.
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Hi Incandescent,
Thank you, very grateful to you for taking the time to give your feedback.
Though unlikely to succeed, I'll take the 14 day discounted period to make an informal appeal, with the hope that if unsuccessful, I will be reoffered the 50% discount option.
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Everything you've told us about your case so far is mitigation, (hospital etc), so not grounds for a successful appeal to the adjudicators at London Tribunals, who cannot consider mitigation, but there may be a "technical" appeal based on procedural impropriety of the enforcing council not managing the enforcement process correctly. So wait a bit for the "ferrets" to look at your case. Before you can get to London Tribunals, you must first submit representations to the council. In these you should present your mitigating factors.
The video shows your wife passing the two Flying Motorbike signs fairly slowly but without any hesitation at all. This suggests she is not aware what the signs mean, (No Entry for motorvehicles except as per the sign plate). Time of alleged contravention is well within the morning closed period.
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Dear all, please can I seek your kind support and advise with the PCN issued by Newham Council, London.
PCN copy: https://ibb.co/1stTJvJ
To view CCTV: https://parking.newham.gov.uk/pages/OnlineReferenceEntry.aspx?loadtype=NOTICEREVIEW
PCN: PN75755988
VRN: RO22WVT
Google Street view: https://www.google.co.uk/maps/@51.5466352,0.0330472,3a,75y,144.67h,92.01t/data=!3m7!1e1!3m5!1s2YArnXDQ4toxkV2VJ38hwA!2e0!6shttps:%2F%2Fstreetviewpixels-pa.googleapis.com%2Fv1%2Fthumbnail%3Fpanoid%3D2YArnXDQ4toxkV2VJ38hwA%26cb_client%3Dmaps_sv.tactile.gps%26w%3D203%26h%3D100%26yaw%3D109.56534%26pitch%3D0%26thumbfov%3D100!7i16384!8i8192?coh=205409&entry=ttu&g_ep=EgoyMDI0MTAyMy4wIKXMDSoASAFQAw%3D%3D
The location / contravension is for a new restriction in this location and probably in place within the last 12 months and therefore signs not visible in the Google Street view link.
My wife was the driver. The car is a lease, given to me by my employer, I have had the lease company transfer the notice to my name and address, and the new PCN has now been issued to me.
This particular journey was on route to Newham General Hospital where my 12 year old neice was admitted to the hospital as emergency inpatient as she was seriously ill and was needing 24/7 adult supervision, which was covered by way of a roster system between my wife, brother and sister in law. I have the discharge papers if relevant as suporting evidence.
Please can you offer any help, advise or suggestions. Thank you so much in advance. PCN issued 24 Oct, so I believe I have until 6 Nov to make use of the 14 day discount period.