Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: HBaig on January 24, 2025, 11:15:33 pm
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@HBaig I'm afraid to say that no I cannot, see the June 2025 update at the bottom of the page here (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/) and here (https://www.ftla.uk/the-flame-pit/one-on-one-support-and-direct-requests-for-help/).
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Wait for the Notice to Owner and I will write a formal representation for you. The signage looks inadequate to me and the CEO has not got a single photo showing the car and the sign in the same shot.
Can you please point out what should i write on my representation ?
Regards
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There are several posts we made earlier that give the essence of reps.
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I suggest in the first instance you draft a representation and put it on here for review.
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Hi Everyone,
I finally received this letter, please guide me through next line of action.
Regards
https://imgur.com/a/P0bkGLC (https://imgur.com/a/P0bkGLC)
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You want to keep an eye on the council website at https://towerhamlets.tarantoportal.com/
Once the new Notice to Owner has been issued the status will be updated on the website, at that point you can submit a representation regardless of whether you've physically received the notice in the post.
I'd recommend you check the PCN status on the website at least once every two weeks.
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As John U.L. says, all acceptance of a Statutory Declaration does is get you back to the stage you ticked on your SD, so you would have ticked the box for "I did not receive the PCN/NtO"
So expect to receive a new PCN soon.
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You may wish to repost the letter redacting yr name and address.
I have received court letter today which appears that i won the case unless there is something else behind these court wording.
Not quite...
Read the Important note to respondent immediately above yr name & address.
What is cancelled is the CC and OfR. The authority will almost certainly want to re-issue the PCN/NtO, putting you in a postion where you may either pay or make reps against it. (The postion of which you were deprived by not getting the original NtO.)
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Hello Everyone,
Let me start with a massive thanks to members who helped me on this case, It would've not been possible with the support I received here.
I have received court letter today which appears that i won the case unless there is something else behind these court wording.
Can someone please check and verifiy.
Regards
(https://i.imgur.com/OU5wBeZ.jpeg)
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Thank you for your prompt reply, just a quick question while completing above form, do I need to select this option below as well with no NTO received ?
"I appealed against the local authority’s decision to reject my representation, within 28 days of service of the rejection notice, but have had no response to my appeal."
You have not made an appeal against the local authority’s decision to reject your representations, the authority has not rejected your representations, you haven't even made representations because you can't do that until you've received the Notice to Owner. The options on the form are all mutually exclusive, so you cannot tick more than one box because if you do, at least one of the statements made must be false.
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The form is clear: If your parking charge relates to a London borough parking contravention tick only one box. In your case: 'I did not receive the Notice to Owner/Penalty Charge Notice.
This is all routine stuff, nothing different for you. Just follow the instructions to which you've been directed.
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Go to https://www.ftla.uk/announcements/charge-certificate-cases-under-the-traffic-management-act-2004-no-original-pcn/ and follow the instructions from "As soon as the debt has been registered, use form TE9 which you can download from here..."
Hi,
Thank you for your prompt reply, just a quick question while completing above form, do I need to select this option below as well with no NTO received ?
"I appealed against the local authority’s decision to reject my representation, within 28 days of service of the rejection notice, but have had no response to my appeal."
Regards
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Go to https://www.ftla.uk/announcements/charge-certificate-cases-under-the-traffic-management-act-2004-no-original-pcn/ and follow the instructions from "As soon as the debt has been registered, use form TE9 which you can download from here..."
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Wait for the Notice to Owner and I will write a formal representation for you. The signage looks inadequate to me and the CEO has not got a single photo showing the car and the sign in the same shot.
Dear All,
Finally I have a court letter after 8 months, during this time no correcpondence from council and they sent court letter direclty. Please anyone advise me what should i do now ?
I have uploaded letters with the reply.
[attachment deleted by admin]
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Thanks for your reply, NTO would also means that they will offer to write another formal representation as above suggested ?
The recipient of the NTO will have 28 days to pay or make representations. As the NTO demands the full amount it would be madness to just pay, as the penalty cannot go up if you challenge it. Let us know when the NTO is received and we'll help you challenge it.
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Yes.
3) A notice to owner must, in addition to the matters required to be included in it under regulation 3(2) of the 2022 Appeals Regulations, state—
....
Appeals Regs
....
3(2) An enforcement notice must include the following information—
(a)that—
(i)the recipient may make representations against the penalty charge in accordance with regulation 5 of these Regulations,
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As their response stated, the penalty reverted to its statutory amount once their extended discount period ended. It's been £130 since the beginning of Feb.
The NTO is merely the means by which they demand payment, it doesn't trigger the penalty level in itself.
Thanks for your reply, NTO would also means that they will offer to write another formal representation as above suggested ?
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As their response stated, the penalty reverted to its statutory amount once their extended discount period ended. It's been £130 since the beginning of Feb.
The NTO is merely the means by which they demand payment, it doesn't trigger the penalty level in itself.
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Are you the registered keeper and are the name and address current on the V5C logbook.
Hi,
Yes I am registered keeper and my current address is on my logbook.
Regards
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Are you the registered keeper and are the name and address current on the V5C logbook.
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Morning All,
It been a while since I received this PCN which I refused to pay, I have been waiting for notice to owner since but it hasn't arrived so I went to check on council website if my PCN is still active and they have put the amount up to £130 so its still going on.
What should I do now keep waiting for contact them ?
Regards
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Parking place situated on west side of New Road north of its junction with Fieldgate St. It measures approx. 35 metres.
The average length of a car is in the range 4.3-4.5m (RAC estimates) and the bay is not internally divided. It therefore follows that up to 8 vehicles could be accommodated at the same time.
The suspension sign refers to '2 car spaces' which, without further indication, is vague in the extreme. It certainly does not meet the council's mandatory duty to provide adequate information regarding restrictions.
I note the council's reference to 'yellow markings on the floor' in respect of which I would comment as follows:
1. No such markings or indicators were in situ and none is evidenced in the council's photos;
2. Even if such indicators did exist, it falls to the council to state their purpose in the suspension notice itself. No such reference is included.
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Wait for the Notice to Owner and I will write a formal representation for you. The signage looks inadequate to me and the CEO has not got a single photo showing the car and the sign in the same shot.
The second shot I posted does show the car and the suspension sign in the background but I agree it's not adequate.
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Wait for the Notice to Owner and I will write a formal representation for you. The signage looks inadequate to me and the CEO has not got a single photo showing the car and the sign in the same shot.
Thank you and all other members for the support.
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Wait for the Notice to Owner and I will write a formal representation for you. The signage looks inadequate to me and the CEO has not got a single photo showing the car and the sign in the same shot.
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There is only one sign for the whole bay, and the suspension sign has been placed just below this sign on the same pole. Problem is the sign specifies 2 spaces, yet the bay is not divided into individual spaces. Was there anything else put in the bay to indicate which spaces were suspended, like cones or barriers ? Their letter refers to "yellow markings" on the "floor". Clearly the person who wrote this letter only has a limited vocabulary, because floors are normally in buildings !
So, were there any "yellow markings on the floor" ? The sign doesn't refer to any "yellow markings".
If it were me, I'd take take them all the way on inadequate signage of the suspension. However, it is your decision, as you'd have to risk the full PCN penalty. This is now councils get away with inadequate signing; they just refuse all informal reps thus forcing people to either cough-up, which >95% do, or appeal the matter at the adjudicator
Thank you for your response. There were no markings on the road or footpath, which was my main point. How was I supposed to know which parking spaces were suspended? If the sign had been placed on the construction site's brown wall, I would have accepted the PCN. Additionally, since it was a Sunday, I assumed parking restrictions weren't in effect, as I regularly park on this road. I usually pay fines when I park incorrectly, but in this case, I feel i got this one wrong.
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Sunday so permit bay not in force.
There is nothing in the council pics that shows where this 2 car space is and there are no separate vehicle bays in the overall business permit bay.
Where are these yellow markings - which are not mentioned on the suspension sign - and how are you supposed to relate them to a sign? Usual practice would be to say it's outside a house/building number but I guess it's the building works covering an entrance and of course no work was going on on Sunday - which is another point.
You were parked at least one vehicle way from the sign and a reasoanble interpretation is a bay equivalent on either side of the sign in my view.
(https://i.ibb.co/zbN2QJ8/Screenshot-2025-01-25-at-12-50-13.png)
(https://i.ibb.co/0rh81bK/Screenshot-2025-01-25-at-12-49-52.png)
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There is only one sign for the whole bay, and the suspension sign has been placed just below this sign on the same pole. Problem is the sign specifies 2 spaces, yet the bay is not divided into individual spaces. Was there anything else put in the bay to indicate which spaces were suspended, like cones or barriers ? Their letter refers to "yellow markings" on the "floor". Clearly the person who wrote this letter only has a limited vocabulary, because floors are normally in buildings !
So, were there any "yellow markings on the floor" ? The sign doesn't refer to any "yellow markings".
If it were me, I'd take take them all the way on inadequate signage of the suspension. However, it is your decision, as you'd have to risk the full PCN penalty. This is now councils get away with inadequate signing; they just refuse all informal reps thus forcing people to either cough-up, which >95% do, or appeal the matter at the adjudicator
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Please read this and update your post accordingly. In particular, the PCN all sides, and a GSV link to the exact location where you parked, Please indicate where the car was.
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/
Their suspension sign was on the same pole as the parking bay sign, so has been correctly sited, unless, of course, the bay has more than one parking conditions sign.
Hi, Thanks for your reply - I have updated my post accordingly.
Regards
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Please read this and update your post accordingly. In particular, the PCN all sides, and a GSV link to the exact location where you parked, Please indicate where the car was.
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/
Their suspension sign was on the same pole as the parking bay sign, so has been correctly sited, unless, of course, the bay has more than one parking conditions sign.
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Hi,
I have received a parking ticket while parking on suspended parking for two cars which I appealed as there was no signage next to parking space, it was one long bay for many cars and they placed suspension sign in the middle of whole parking bay on lamp post (see picture) whereas in my opinion they should have put up this sign next to suspended two car space . I have appealed on these grounds but they refused the appeal and now I have an option to pay discounted amount or wait for this to raise to full amount then I get an option to take it further.
It was Sunday evening, I normally go there for dinner and I know there are no restrictions on Sundays.
Please advise shall I pay the discounted amount while I can or take it further. I have attached pictures and letter I received if that any help.
Council name: Tower Hamlets
Location: New Road, Whitechapel
Contravention Code: 21
Car: Grey Toyota Prius (GD07FLH)
PCN Number: TT58121725
Street View: https://maps.app.goo.gl/3wuQqrYVYPysQc686
(https://i.imgur.com/fD7n6xP.jpeg)
(https://i.imgur.com/9Suyxly.jpeg)
(https://i.imgur.com/fwJKcUN.jpeg)
(https://i.imgur.com/EJzv8vo.jpeg)
(https://i.imgur.com/qcNVW80.jpeg)