Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: ek_98! on November 06, 2024, 10:40:15 pm
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Wait for the notice to owner.
But are you the registered keeper and is the V5C logbook address correct?
I am doing this on behalf of the driver.
But driver is registered keeper and address is correct on logbook.
OK, but when/if it gets to Notice to Owner stage, you will need a letter of authority from the keeper before they will accept and representations you submit against it. You also need this if it gets to London Tribunals.
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Thank you for the responses, I will advise the driver to wait until the Notice to Owner and then make formal representation.
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Wait for the notice to owner.
But are you the registered keeper and is the V5C logbook address correct?
I am doing this on behalf of the driver.
But driver is registered keeper and address is correct on logbook.
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Wait for the notice to owner.
But are you the registered keeper and is the V5C logbook address correct?
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Their reply is totally wrong in law, the restriction only applies where the kerb is fully lowered, not where the kerbstone starts to slope, so this is the closest to a slam-dunk win at London Tribunal I have seen recently. In fact if you take them there, and they persist, you'd be entitled to ask for costs. They have damned themselves in their own letter by mis-stating the law.
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Hi, These are the screenshot when driver made representation
(https://i.imgur.com/AJerJEZ.jpeg)
(https://i.imgur.com/JXK65m1.jpeg)
The Driver received this response from redbridge council
(https://i.imgur.com/6tbFzO3.jpeg)
(https://i.imgur.com/SDPsVTk.jpeg)
Please advise what driver should do next?
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Please screenshot all pages re making a representation.
sure, i will do this no problem
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i wasnt able to open this thread:
Have a read through this thread for ideas,
https://www.ftla.uk/index.php?action=post;msg=44313;topic=3775.0
Sorry, my bad: this is the thread I was thinking of:
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/parking-on-road-next-to-dropped-kerb-contravention-27/15/
Re yr draft:
Looks OK to me, see what others say.
Also respond to Hippocrates' post above - Reply#6
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i wasnt able to open this thread:
Have a read through this thread for ideas,
https://www.ftla.uk/index.php?action=post;msg=44313;topic=3775.0
The driver is planning on using much of the wording that Stamfordman wrote for the appeal.
"I am challenging the PCN on the grounds that there was no contravention.
As seen in this article a contravention only occurs when part of the vehicle is physically over the point where the footway meets the road.
As your pictures make clear, none of my car was adjacent to the fully dropped part of the kerb.
https://www.hillingdon.gov.uk/article/4972/Enforcement-of-dropped-kerbs
I look forward to your early confirmation of cancellation."
Please feel free to comment and recommend any amendments
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Another of their own pics makes it clear there was no contravention.
What often happens is a resident thinks their precious dropped kerb is being encroached on and calls the council and the CEO then feels under pressure to issue a PCN but they should have told the resident to get stuffed here.
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I am challenging the PCN on the grounds that there was no contravention. As your pictures make clear, none of my car was adjacent to the fully dropped part of the kerb. The sloping part does not count.
I look forward to your early confirmation of cancellation.
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(https://i.imgur.com/pn39J4n.jpeg)
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Please screenshot all pages re making a representation.
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Any drafting /assistance of the appeal response will be greatly appreciated,
Have a read through this thread for ideas,
EDITED
https://www.ftla.uk/index.php?action=post;msg=44313;topic=3775.0
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/parking-on-road-next-to-dropped-kerb-contravention-27/15/
and then post your draft here for comment.
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Hi,
Thank you for the responses.
The driver will appeal this PCN as it seems clear a contravention has not occurred.
Any drafting /assistance of the appeal response will be greatly appreciated,
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+2
Back in August, Stamfordman discovered this handy text & image on Hillingdon's website
https://www.hillingdon.gov.uk/article/4972/Enforcement-of-dropped-kerbs
(scroll down)
which you can use to remind Redbridge of the law.
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That's not a contravention - the sloping kerbstone is not fully lowered so doesn't count.
+1
But the council will talk rubbish in response. See it through to tribunal.
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That's not a contravention - the sloping kerbstone is not fully lowered so doesn't count.
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Hi,
Driver received PCN for parking in a special Enforcement area adjacent to a footway, carriageway or verge lowered to meet level of the carriageway.
embedded are pictures which driver feels the vehicle was not blocking driveway.
The driveway is quite large and vehicle was not blocking.
Is it worth appealing or just pay the fine?
any advice or assistance will be greatly appreciated
I have embedded links showing pictures of vehicle, PCN and location (outside 31 Broomhill road)
Thank you
(https://i.imgur.com/hjWcUJl.jpg)
(https://i.imgur.com/RGX6sCt.png)
(https://i.imgur.com/MKX34FO.jpg)
(https://i.imgur.com/xx4Pcdr.jpg)
https://maps.app.goo.gl/HktHtraGafBt47JG7