Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: iispartan on December 06, 2024, 08:36:12 am
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Outcome (https://drive.google.com/file/d/11yRmmM2GoGjWw6xgbPwkRpRAJfGPvwCa/view).
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What was the outcome of this PCN?
The appeal hasn't been heard yet.
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@iispartan have a look at the decisions in rows 740 to 746 here (https://docs.google.com/spreadsheets/d/1pVrE76_RYY6bNmEpYGbsZkxtpfIeud_BT3SKfg7TzQM/edit?gid=642784037#gid=642784037&range=A740).
Can you clarify the rows please? Maybe the ticket numbers would be useful.
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What was the outcome of this PCN?
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Sorry covered the date of NOR, which was 04/03/2025
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The date of issue of the NOR?
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I'll drop you a PM.
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Thanks @cp8759
I’ve received the rejection through the post. Looks like they are re-offering the discounted penalty still but based on your excel it appears this should be an easy win.
Appreciate your thoughts, happy to move forward with the appeal.
https://imgur.com/a/y7Ogwwu
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@iispartan have a look at the decisions in rows 740 to 746 here (https://docs.google.com/spreadsheets/d/1pVrE76_RYY6bNmEpYGbsZkxtpfIeud_BT3SKfg7TzQM/edit?gid=642784037#gid=642784037&range=A740).
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Thanks, done. I have appealed with one liner, I’m assuming this is going tribunal? What’s the main argument here?
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@iispartan just send a one line representation saying that the alleged contravention did not occur, there's no need to add anything further at this stage. Make sure to take a time/dated screenshot of the confirmation page.
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I have just received the NtO here
https://imgur.com/a/sJ2aCCJ
I’m happy to challenge on the grounds you laid out CP.
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@iispartan it's worth keeping an eye on the council website once every couple of weeks or so, most councils will update the status to indicate if the NTO has been issued. At the moment is says "Your PCN is at full rate stage" and I suspect it will change to something different once the NTO has gone out, this will allow you to challenge the NTO even if it's lost in the post (you don't need to physically receive it to make a representation, you just need to know it exists).
While we're on this topic, the website wrongly says that the the Penalty Charge Notice will increase to £195.00 on 17 February 2025, which amounts to an unlawful threat:
(https://i.imgur.com/gWuAmtJ.png)
This is a winning ground of appeal in its own right.
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Thanks - discussed with brother and happy to wait for NtO
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@iispartan so far Westminster have always reoffered the discount if the NTO is challenged promptly. Let me know when the NTO has arrived and I'll draft a formal representation for you.
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I’m registered keeper, but my brother was driving. Yes details are up to date
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my brother received a PCN
I basically made a quick appeal
I’m happy to wait for NTO and challenge
Can we sort out who's who pl?
Your brother was driving.
Who is the registered keeper(RK) and are their DVLA keeper details current(the NTO would be sent to the RK)
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@cp8759 If you’re positive they’ll re-offer the discount then I’m happy to wait for NTO and challenge
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@iispartan that's only an informal rejection, if you wait for the Notice to Owner and make a further challenge within 14 days, Westminster will normally reoffer the discount anyway, so there's limited risk in giving it a go.
One simple route to success is that Westminster has recently been neglecting to provide any traffic orders in its parking cases, in which case it's an easy win. Quite a few of their traffic orders are wrong, if you're happy to wait for the NTO I'll check if the restrictions are properly enforceable.
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Happy New Year all - I’ve just received response from council. I basically made a quick appeal on the lines of “apologies…I didn’t realise my short stay would warrant such penalty etc..”
Let me know if any grounds for appeal, otherwise I think I’ll just take the discount..
https://imgur.com/a/oFCTudP
Thanks
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OP, luckily for you Westminster will re-offer the discount even if unsuccessful reps are made provided these are made no later than 19th, so nothing's to be lost by making simple 'I'm sorry, honestly didn't think my short stop at this hour would warrant a penalty....' reps, or whatever other form he wants to make.
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All fair questions probably assumed after hours was okay to stop there. Probably accepting that this is bang to rights but still worth a shot ..
Nevertheless, GSV link here: https://maps.app.goo.gl/kzvVFYwk97LgFDcU7?g_st=ic
If neither of the exempt activities was being undertaken, then the contravention is made out. HOwever, there may be a 'technical' appeal based on poor council management of the enforcement process, so wait a bit for others to comment before making a decision to pay or submit representations.
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All fair questions probably assumed after hours was okay to stop there. Probably accepting that this is bang to rights but still worth a shot ..
Nevertheless, GSV link here: https://maps.app.goo.gl/kzvVFYwk97LgFDcU7?g_st=ic
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Why did your brother park there ? There are two exemptions from yellow lines, loading and also boarding/alighting passengers.
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I suspect you need to get your brother a copy of the Highway Code (https://www.highwaycodeuk.co.uk/download-pdf.html) and point him at the section of Double Yellow Lines...... :(
DYLs operate 24/7 and need no signage.
That said, please post a GSV link to the location.
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Hi all, my brother received a PCN at 1.48am on Brewer Street and my guess is he assumed that after these hours he could park here. I’ll get the details as to why etc later but looking at the council images I can’t see any signage to say he could park.
I do see DYL in the images however.
I would appreciate if I can get an initial view of whether there is scope to challenge this based on any fatal errors on the PCN or based on no signage being taken of the restrictions - appreciate any help.
Pictures of PCN and evidence here - https://imgur.com/a/iuEJcTF