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Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: mussy52 on August 29, 2023, 05:31:48 pm

Title: Re: PCN - Barnet - Contravention Code 12 - Parked in a residents` or shared use parking place - Holden Road
Post by: mussy52 on October 19, 2023, 12:59:22 pm

Thanks @cp8759. I emailed the council on Monday 16th October, so we await their response.

Many thanks again

Title: Re: PCN - Barnet - Contravention Code 12 - Parked in a residents` or shared use parking place - Holden Road
Post by: cp8759 on October 10, 2023, 10:39:41 pm

I will PM you some links to put in the representation, they will redirect to the decisions above but if you give them the links I'll PM you, we can use the click count to confirm whether they've looked at them or not (obviously do not click on the links I PM you as we want the click count to remain at zero). If they don't click on them, we can then prove they've failed to consider all of the evidence. If they say in the rejection that they've considered all the evidence, we've got them for lying as well.

Dear London Borough of Barnet,

I challenge liability for PCN AG43643555 on the basis of a procedural impropriety. The PCN is duplicitous and this makes it invalid, I refer you to the decisions at LINK1 LINK2 and LINK3

In light of the above the penalty charge notice must be cancelled.

Yours faithfully,

Title: Re: PCN - Barnet - Contravention Code 12 - Parked in a residents` or shared use parking place - Holden Road
Post by: mussy52 on October 09, 2023, 02:43:56 pm

Hi @cp8759

I've had the NTO come through:

Images attached here - https://imgur.com/a/pWJSawG

Are you able to help me draft up an appeal?

Thanks in advance!

Title: Re: PCN - Barnet - Contravention Code 12 - Parked in a residents` or shared use parking place - Holden Road
Post by: mussy52 on August 30, 2023, 06:29:13 pm

Thank you @cp8759.

I will wait for the NTO to come through the post.

Title: Re: PCN - Barnet - Contravention Code 12 - Parked in a residents` or shared use parking place - Holden Road
Post by: cp8759 on August 29, 2023, 10:38:40 pm

The map tile (https://store.traffweb.app/barnet/documents/parkmap/msched/t_Z22_rv9_1.pdf) looks ok.

The best argument I can see is that he PCN is duplicitous, as it doesn't actually tell you what you've done wrong, see these cases:

Andrew David Rush v London Borough of Southwark (2120562288, 05 January 2013) (https://drive.google.com/uc?id=151l9_7jvKzKDMuHsmejYcPyZA5H9rYV8)
Natalie van Dijk v London Borough of Islington (2150275729, 23 September 2015) (https://drive.google.com/uc?id=1zxn3ku1apAAgmh4MYfP68wRzsOY8xRyt)
Marian Bostan v City of London (2170116728, 13 April 2017) (https://drive.google.com/uc?id=1sKCsXjwIrrv5fiyTaDAE8ttF4fYOeUJC)

The fact that there was nowhere else to park is no defence obviously, as you could have simply bought a parking session. If you want to carry on, just wait for the Notice to Owner, let us know when you've received it, and I'll draft something for you.

Title: PCN - Barnet - Contravention Code 12 - Parked in a residents` or shared use parking place - Holden Road
Post by: mussy52 on August 29, 2023, 05:31:48 pm

Hi all,

Clutching at straws here with this one, but thought I would get your thoughts in case I missed an angle for a counter argument.

I live within a 'close' that shares it's parking with it's residents. It is not clearly displayed that it's private parking, and so in theory anybody is able to park in this area.

One evening I come back home late, and I notice that another car has parked in the spot where I usually park, (it must be a guest of one of the residents), leaving me with no choice but to park on the road.

My intention was, to move my vehicle before the parking restrictions come in to force again the following morning at 9am. Of course, I forgot to do this and so was issued with a PCN from the council citing: Contravention Code: 12 - Parked in a residents` or shared use parking place or zone without a valid virtual permit or clearly displaying a valid physical permit or voucher or pay and display ticket issued for that place where required, or without payment of the parking charge.

For reference, this is where my vehicle and other residents vehicles are parked normally - https://goo.gl/maps/xxu3fdshyHXYNHD38

And this is where I was forced to park in the end - https://goo.gl/maps/HkJsSLSknKLBv3aHA

I'm wondering if I have any grounds to challenge the council with this, given that someone else had actually parked in an area designated for residents only - albeit there are no signs to say so.

Link to PCN and rejection letter - https://imgur.com/a/FjTSlZ0

Thanks in advance

(https://imgur.com/a/FjTSlZ0)