Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: chand on November 17, 2024, 09:38:05 pm
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haven't received the notice to the owner letter.
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Since there's no longer any discount in play then you might as well challenge and appeal this to the Adjudicator. You have no financial incentive to do otherwise. Stick to the timelines and the bill can't grow beyond the £130 it is now.
Submit an informal representation against the on-street PCN even if the 28 days have elapsed. As earlier mentioned, the Council should still consider them if they haven't yet issued the Notice to Owner.
Have you now received the Notice to Owner? If you have, submit a formal representation against it, even if a response to the informal representation is still outstanding.
The Council might well re-offer the discount if they reject your representations. Also you can't appeal to the Adjudicator until you have a Notice of Rejection to your representation against the NTO.
You said earlier "Why parked on yellow lines ? : Blue batch was in use during the parking. But the officer said can't park where there are yellow marking on the kerb. Please see the pictures ( kerbPic1 and KerbPicWithCar ) there are no visible marking on the kerb where the car was parked."
Do you mean that a Blue Badge was being used?
Have you got any photos that show that the double yellow kerb stripes are worn out where you parked? Include such photos in any reps you submit. And a photocopy of both sides of the Blue Badge.
Please post up a draft of what you intend to put in your representations.
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I was planning to appeal today. Then realised that 28 days already passed. So thought of paying the full amount but their payment system is down. It goes till pay PCN screen that shows the pending amount 130 then throwing error screen further for payment. It happens irrespective of inputting PCN number.
I think their ( newham ) payment system is down.
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If you have made reps before a NTO lands on your* mat then these must still be considered. You are past the 28-day period which means they're able to issue a NTO.
*- who is the registered keeper because they would be served with the NTO?
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The iniquity of allowing double kerb blips without a sign is plainly obvious is this case. Whereas the double-yellow lines shout out their presence for some distance the kerb blips are badly maintained and in my view, not enforceable in this case, because a BB holder should not have to walk the street to find out. However it would be a matter of taking the council to London Tribunals and risking the full PCN penalty
There is a "no loading" sign. It's at the corner of the street. One of the evidence photos show the sign.
Ah, right. However, a BB holder parking there is only alert to the No Loading restriction by the presence of yellow kerb blips. What we don't know is the present state of these blips, with GSV latest being March 2022.
So, OP, over to you to do some photogrqphy.
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The iniquity of allowing double kerb blips without a sign is plainly obvious is this case. Whereas the double-yellow lines shout out their presence for some distance the kerb blips are badly maintained and in my view, not enforceable in this case, because a BB holder should not have to walk the street to find out. However it would be a matter of taking the council to London Tribunals and risking the full PCN penalty
There is a "no loading" sign. It's at the corner of the street. One of the evidence photos show the sign.
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The iniquity of allowing double kerb blips without a sign is plainly obvious is this case. Whereas the double-yellow lines shout out their presence for some distance the kerb blips are badly maintained and in my view, not enforceable in this case, because a BB holder should not have to walk the street to find out. However it would be a matter of taking the council to London Tribunals and risking the full PCN penalty
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Your GSV link shows that there are double yellow kerb dashes as well as the double yellow lines where you parked, albeit some are a bit worn. The double yellow kerb dashes mean no loading at any time. So it doesn't look good.
Why did you park there?
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I thought replied back on this PCN few days back 2 times. But I can't see my replies. So posting again.
Why parked on yellow lines ? : Blue batch was in use during the parking. But the officer said can't park where there are yellow marking on the kerb. Please see the pictures ( kerbPic1 and KerbPicWithCar ) there are no visible marking on the kerb where the car was parked.
contravention code: 02 : waiting and loading/unloading restrictions are in force
I was in the car when the officer booked the PCN. But I can't see myself in the picture, that is strange !! .
Google map view link : https://www.google.com/maps/@51.5337382,0.0578793,3a,75y,234.79h,57.95t/data=!3m7!1e1!3m5!1s928KHK0smWUQrqQPyt-VCg!2e0!6shttps:%2F%2Fstreetviewpixels-pa.googleapis.com%2Fv1%2Fthumbnail%3Fcb_client%3Dmaps_sv.tactile%26w%3D900%26h%3D600%26pitch%3D32.05116011813739%26panoid%3D928KHK0smWUQrqQPyt-VCg%26yaw%3D234.79354921562057!7i16384!8i8192?entry=ttu&g_ep=EgoyMDI0MTExOS4yIKXMDSoASAFQAw%3D%3D
Can I appeal on the basis of code 02 but no kerb marking where the car was parked ?
Thanks
Thanks
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...28 days beginning on 25 Oct = 21 Nov.
But there's no point in paying, what you should do however is make initial reps against the PCN provided they're received by 28th.
This has 2 advantages:
It gives you and us more time to see what's what - after submitting, nothing happens procedurally until they reply/or you* receive a NTO;
They might re-offer the discount in their reply anyway.
*- are you the registered keeper with current DVLA details?
I'm not certain that admitting to (multiple!) previous PCNs is a good approach tactically!
So, a week to assess the whys and wherefores.
Over to you.
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Please tell us why you parked on the double-yellow lines.
As you've lost the discount option, there is no point in paying-up immediately. Please post a GSV link to the exact location where you parked.
If it turns out from our investigations that you should not have parked there and the PCN was correctly served, then as a fall-back I would suggest you submit representations stating you misunderstood the meaning of the PCN handed to you by the CEO, as all PCNs you had previously received had been received by post and you expected the same with this PCN.
So advice is do not pay at the moment, but let us investigate first. You have 28 days from the PCN date to pay so some a few days to go yet.
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pcn clearly states the time scale to take advantage of the 50% discount
14days from the date of the notice which was 25.10.24
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I parked my car in a double yellow line for 2-3 min. When I returned the officer had booked PCN and gave it to me.
I am ready to pay 50% of the amount , £65 and close the PCN. But initially waiting for the PCN letter to come by post like other PCN to make 50% payment. This is the first time received PCN directly from the officer.
Then I realised that may be not letter will come this time because I received the PCN on the spot. When I tried to make a payment today ( 17/11/2024) it says £135 as outstanding.
PCN booked on 25/10/2024
What shall I do ? Pay the full amount of £135 and close the PCN ? Any other options.
Thanks
https://parking.newham.gov.uk/pages/OnlineNoticeReview.aspx
PN39934928, RM03JOE
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