Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: guest548 on September 08, 2023, 06:45:03 pm
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I started an Appeal at London Tribunals on 2 October 23 and it was Do Not Contested by the council yesterday.
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@flash2004 I strongly recommend you take up @mrmustard's offer.
Many thanks, I have written to MrMustard today.
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@flash2004 I strongly recommend you take up @mrmustard's offer.
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OP, there appears to be a procedural error which could win.
Your argument regarding the location of the vehicle won't, so I'd drop it, it's a distraction. The plan you posted with 'car parked here' is wrong. Look at your plan, you can see the internal dividing lines which divide the parking place into individual parking spaces. Now look at photos of the car in situ. There aren't any such markings either front or back and that's because the car is parked well to the rear of where you've indicated, in a permit area which does not have separate parking space markings.
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Yes, but it is representations to Redbridge and then an Appeal to the tribunal if rejected
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Many thanks. So the next step is to wait for the Notice to keeper and then appeal ?
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Not sure you need any more thoughts. My one argument may suffice. Happy to do the challenges for you. Email mrmustard@zoho.com
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Any other thoughts on this please ?
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Also do you own the car, or is it leased or hired?
Can you please answer this?
Own the car (not leased or hired)
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Also do you own the car, or is it leased or hired?
Can you please answer this?
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There is a wording error on the PCN which arises out of a legislative change in 2022. The PCN should say you have to pay it within 28 days of the alleged contravention date but it says date of service. That is a procedural impropriety in my view which means an adjudicator must cancel the PCN if they agree.
This sounds very promising.
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The car appears to be parked in the business permit holders' section, and I wonder whether this is a case of a driver relying on the ringgo app without bothering to check the signs.
For completeness here's the traffic order (https://store.traffweb.app/redbridge/documents/parkmap/sched/1.%20The%20Redbridge%20(Waiting,%20Loading,%20Stopping%20and%20Street%20Parking%20Places)%20Consolidation%20Order%202021.pdf) and the map tile (https://store.traffweb.app/redbridge/documents/parkmap/msched/AK13_rv1_1.pdf).
There is a possible way out of this if we can show a failure to consider but you'll have to wait for the notice to owner.
Also do you own the car, or is it leased or hired?
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There is a wording error on the PCN which arises out of a legislative change in 2022. The PCN should say you have to pay it within 28 days of the alleged contravention date but it says date of service. That is a procedural impropriety in my view which means an adjudicator must cancel the PCN if they agree.
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Having followed this on Pepipoo, I think the concensus of opinion is that the driver got it wrong. YOur photos show substantial trees nearby, but the pay-to-park bay doesn't. This GSV view is the decider in my opinion
https://goo.gl/maps/w2o945csiessrnAe7
Your driver would have passed this to get to the ticket machine.
Best pay the discount, IMHO.
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The driver of the vehicle parked on the street and also registered the parking using the ringo app for the location which was displayed a few meters infront of the car. However it seems the driver made a mistake as the actual restrictions sign was many meters towards the back which was different. The PCN was appealed based on the ticket which was paid for. However when the PCN was appealed it was denied. Is this worth contesting at the NTK stage on any other grounds? The pictures from the parking attendent are below. Also in the next post is the appeal which was denied. I would appreciate any advice here on next steps. The driver is not the keeper and the car is not leased.
Parking Ticket
(https://i.imgur.com/D3pCEgP.png)
Evidence uploaded on the council website
(https://i.imgur.com/X1bm3tR.png)
(https://i.imgur.com/53lcPP8.png)
(https://i.imgur.com/0aI2p3y.png)
(https://i.imgur.com/9q2ZJwf.jpg)
(https://i.imgur.com/bfzw0cN.jpg)
Here is the appeal that was submitted
Appeal
(https://i.imgur.com/xWaartH.png)
Ticket bought
(https://i.imgur.com/qKcETW5.png)
Parking Location
(https://i.imgur.com/1siYVT6.jpg)
Sign Picture
(https://i.imgur.com/GSxEqoU.jpg)
Here is the council response to the appeal
(https://i.imgur.com/Np4q1d2.png)
(https://i.imgur.com/qRp2jAu.png)
Google Maps
https://goo.gl/maps/uJBrxoTARNUcaDiq9 (https://goo.gl/maps/uJBrxoTARNUcaDiq9)