Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: JPrice on November 06, 2024, 10:24:13 am
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IMO,
Procedural impropriety.
1. If the adjudicator accepts that the Tribunal insert in the NoR 'How to Appeal the Council's decision' forms part of the NOR
Then the NOR states the following:
'You should appeal before the end of the 28-days beginning with the delivery of this Notice of Rejection'
It also states:
If you do not pay or appeal within 28 days from the date of service of this notice..any right to appeal to the adjudicator will be lost.
Given that these time periods are contradictory -in that the latter adds a day to the period because one begins on the date of delivery while the other begins on the day after i.e. from the date of service - I have had to refer to the regulations themselves where I found that neither statement is correct in its entirety. The prescribed period is 28 days beginning on the date of service or such longer period as the adjudicator may allow. The latter brings into sharp focus the council's incorrect statement regarding the recipient having 'lost the right to appeal' after the expiry of their 28-day period which is tantamount to usurping the power of the adjudicator.
I therefore submit that the contradictory statements, the fact that neither complies with regulations and the false statement regarding my right of appeal individually and collectively constitute procedural improprieties.
2. If the adjudicator does not accept that the Tribunal insert forms part of the NOR
Then although the contradiction is avoided, the council's false statements - 28 days from the date of service and you will have lost the right to appeal - remain. In addition, as only the insert details the form and manner in which an appeal is to be made and includes the essential log-in data and as this does not form part of the NOR despite this being a mandatory requirement then I submit that individually and collectively these constitute procedural improprieties.
Wait for others.
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You must have got a PCN, surely. You need to post it in full.
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The only other information I received was the 'How to appeal' document which I've added to the original query.
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And all pages of the NoR, including 'blurb'!
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Can you post the PCN or the webcode on the PCN. Webcode is in addition to PCN number and VRM.
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I've added the Letter with all details to my original message.
PCN number QC87031523 Car Reg HY63 XLK
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OK no worries. If you post the PCN number and car VRM (numberplate) I can see if video is available.
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No sorry, just went straight in. Will see if I can modify my question and add the letter and PCN etc.
Thank you
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Did you see the READ THIS FIRST sticky?
This thread was originally posted in the criminal offences forum before being moved here, so probably not.
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Read this and update the thread title and post the materials - PCN, challenge, rejection.
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/
Did you see the READ THIS FIRST sticky? Not getting at you but we're trying to work out why people don't do what we ask.
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Hi all
New to this forum but would really appreciate some advice.
I work in Cardiff and we have a private car park in the city centre. I have to leave my car to be able to open 2 sets of gates to get into the carpark. I do this twice a day. I was seen by the car that has the funnel on the top (not to get too technical!) and I was given a £35 fine for 'Parked or loading/unloading in a restricted street where waiting and loading/unloading restrictions are in force'
I challenged the decision based on the fact that I have to stop and get out of the car to open the gates. However, I have received a notice of rejection stating 'I note from your challenge the reasons why you state you were parked in the is manner. You state that you left the vehicle for two minutes to lock some gates before driving home. The footage recorded by the enforcement vehicle does not show any persons interacting with the vehicle or a driver within. Under the circumstances an alternative stopping place should have been sought.'
I have looked at the street in question and there are yellow lines in the whole street and up to the Angel Hotel on both sides of Westgate Street.
I'm not bothered by the £35 fine but feel more aggrieved about the principle of the matter. Does anyone have any legal advice on this please? Please let me know if any further information is needed.
Kind regards
Juliet
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