Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: kno on October 06, 2023, 09:03:09 pm
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I didn't have to write to parking explicitly. FOI did the legwork as you had asked. Their reply is as below.
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Thank you for your email below.
You have asked for the cancellation reason for Penalty Charge Notice(PCN) SB51394193.
The PCN was cancelled due to faded/ defected lines on the highway.
Kind regards,
<name removed>
Senior Parking Officer
Parking Services
Slough Borough Council
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I disagree and I'd go back and demand that the matter be dealt with as a subject access request under GDPR. The reason being that under GDPR they must respond within one month, while as a routine enquiry there is no deadline and indeed, the council would not be under any obligation to reply at all.
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That's not on. It's their job to reply, not pass you to someone else.
Anyway, IMO follow it through with parking@slough.gov.uk but write back to Finbar McSweeney with a copy of your email to parking, thank him for his reply and add that you still consider it his responsibility to maintain oversight of this matter so that your request is given the priority due to a FoI request and does not join a long queue of parking enquiries.
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FOI team replied as below. I have replied to them attaching the original reply from parking@slough.gov.uk. Waiting for an update now.
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Thank you for your email below.
On checking, I have established that a Subject Access Request in relation to your PCN is not required.
If you contact parking@slough.gov.uk directly as the registered vehicle owner, they will be able to respond to the question raised.
Regards,
Finbar McSweeney
Complaints, Casework & FOI Lead
Slough Borough Council
Mobile: 07719 989290
www.slough.gov.uk
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Send the request to dpa@slough.gov.uk saying you're making a subject access request, and the information you want is the technical reason why the PCN was cancelled.
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Apologies, I know this is a closed thread, but I somehow missed adding the reply from SBC. Nothing informative though. Please delete this if un-necessary.
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Good morning,
Thank you for your email below.
Penalty Charge Notices disputes or enquiries are not processed through this email account.
You must write in using the methods below.
· Write to: Slough Borough Council, PO Box 3839, Slough SL1 0JA.
· Online: Submit an online challenge at www.slough.gov.uk follow the links to parking penalty charge notices.
Please do not send any further emails relating to PCNs to this email account the statutory process must be followed.
Parking Services
Place & Community
Slough Borough Council
Tel: 01753 475111
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I have written to SBC. Will let you know when I receive a reply from them.
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That's really interesting, could you please write back and ask what the technical fault was?
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Thank you John and HC Andersen for the info on FOI requests. I am going to do some reading now.
On my PCN appeal, SBC cancelled the PCN saying there was a technical fault on the ticket. I couldn't find it though. Maybe your expert eyes can. I will be eager to know what it was.
Link to the appeal reply - https://drive.google.com/file/d/1YG3_TsRv8oHQie3nKXuyXWhL13ZN2xwq/view?usp=share_link
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As regards FoI or EiR the following applies:
For a request to be valid under the Freedom of Information Act it must be in writing, but requesters do not have to mention the Act or direct their request to a designated member of staff. It is good practice to provide the contact details of your freedom of information officer or team, if you have one, but you cannot ignore or refuse a request simply because it is addressed to a different member of staff. Any letter or email to a public authority asking for information is a request for recorded information under the Act.
This doesn’t mean you have to treat every enquiry formally as a request under the Act. It will often be most sensible and provide better customer service to deal with it as a normal customer enquiry under your usual customer service procedures, for example, if a member of the public wants to know what date their rubbish will be collected, or whether a school has a space for their child. The provisions of the Act need to come into force only if:
you cannot provide the requested information straight away; or
the requester makes it clear they expect a response under the Act.
My emphasis.
https://ico.org.uk/for-organisations/foi-eir-and-access-to-information/guide-to-freedom-of-information/receiving-a-request/
Just write separately and ask.
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There is indeed a newer one, The Borough of Slough Waiting Restrictions and Residents Parking Places (Consolidation) Order 2017 (https://drive.google.com/uc?id=15yF9oX4u1biHGx9vHdqf1F8RESDj4LWX).
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https://www.gov.uk/make-a-freedom-of-information-request
Others with experience of the process may know the finer details.
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John, Incandescent and cp8759, Thank you for your inputs.
I have appealed against the PCN as you all suggested. Let's see what the council says.
On a different note, I have a question about PCNs being enforced in that street. Would council keep a data of the number of PCNs being issued in that street, lets say for the last 2 years? If yes, how do I get that details?
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I've not had any reply about the TRO, it might be the one on the TPT website or maybe there's a newer one, I'll post on here as soon as I get a reply.
For now I would go with John's suggestion for a representation, that should buy you several weeks.
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Is this the TRO?
https://tro.trafficpenaltytribunal.gov.uk/TRO/Slough/SB69.pdf
Page 82.
Category - I didn't see any signs or lines; The contravention didn't occur
The lines are not visible when I parked my car. The lines are broken and obscured by leaves and mud. Additionally, enforcement of the restricted hours has not taken place in that section of the road for last 2 years.
I think it's 'any other reason' i.e Legitimate expectation.
I don't see how you can claim you dididn't know the lines were beneath the mud and leaves and broken if your claiming to have parked there for two years, I'd leave that out, leaving you with
'Any other reason' Legitimate expectation. I have habitually parked there for at least two years, and observed others parked likewise, without any enforcement by the Council. -see what others advise.
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What is against you is the fact that the sign controlling the parking restriction is right by your car. From what I see so far, legitimate expectation is your strongest argument.
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Is this the TRO?
https://tro.trafficpenaltytribunal.gov.uk/TRO/Slough/SB69.pdf
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Apologies, I was sick, and could not reply. Since the ticket was dated Oct 6th, I am assuming I have time till 20th to appeal.
Please advise if this can be made better. The category I selected was based on the appeal available on the website. If I don't select this, then it will be 'Any other reason'.
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Category - I didn't see any signs or lines; The contravention didn't occur
The lines are not visible when I parked my car. The lines are broken and obscured by leaves and mud. Additionally, enforcement of the restricted hours has not taken place in that section of the road for last 2 years.
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Shall I add my photos as well? Manual pic 1-6? https://drive.google.com/file/d/1wTgDlHS5eJ477JdKA01GGfvg4XTwOG2_/view?usp=sharing
@cp8759, Did you get any reply on the TRO? I searched everywhere on council website, couldn't locate it. The only mention I found was in some document, which unfortunately I can't remember where it was.
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You might as well send something in to buy us time, I suggest in the first instance you draft a representation based on what you've told us so far, post it on here and we'll tidy it up for you.
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Yes, I am the registered keeper and v5c is updated with my current address.
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Photos:
(https://i.imgur.com/6GPb9up.jpg)
(https://i.imgur.com/K6x1BVW.jpg)
(https://i.imgur.com/sJaWnMt.jpg)
(https://i.imgur.com/AvdXZPs.jpg)
(https://i.imgur.com/WqaPKGO.jpg)
(https://i.imgur.com/oa3voCs.jpg)
(https://i.imgur.com/6PlQsNR.jpg)
(https://i.imgur.com/9Hgnb8m.jpg)
(https://i.imgur.com/4Dv7Md3.jpg)
(https://i.imgur.com/Z8bq07O.jpg)
I've requested the traffic regulation order, are you the registered keeper and do you have the V5C?
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Well, the first of your pictures I open shows a clear yellow line with some leaves, then the third shows the restrictions sign right by where you indicate you were parking, so I think you'll struggle with this. However, one has to wonder why enforcement is now taking place if you've parked there fairly regularly for 2 years. Maybe you have been lucky, but we do see this sort of thing all the time.
For me, your only real argument against the PCN is your regular parking without penalty. This is called 'legitimate expectation', but somehow you'd have to show how often you have parked there over the years. Another argument that I don't think is particularly strong is the mess on the carriageway partly obscuring the yellow line, but your own photos shows the line is visible. The whole cul-de-sac has yellow lines, and signs so this is no real guarantee of success.
The PCN looks OK for content, so no mileage there.
Sorry not to be more positive, but I would not risk the discount if it were me. Submit representations but I don't think they'll give way. If you go all the way to adjudication via the Notice to Owner, you will be liable for the full £70 if you lose.
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I have parked my car on and off (for few hours) in this spot for 2 years now. Today, I see a PCN on my car from Slough Council for Contravention 01 (parking my car in a restricted zone).
I know some of the CEOs of the area, and by their statements, they cannot give tickets to the vehicles in that area as the lines are not visible. They had told me to appeal as well. I have taken some photos after taking the car out, and they are saved in the drive.
I logged into the SBC website today to check for PCN pics, but cannot see them yet. Probably, will take a day to upload.
PCN - SB51394193 | Vehicle - CX62 TXM | Website - https://3sc.slough.parkinguk.org/
This is located at new square - https://www.google.co.uk/maps/@51.509191,-0.5961909,3a,90y,313.4h,82.09t/data=!3m6!1e1!3m4!1sHiAcD7IK3rcmY2g7jKb38A!2e0!7i16384!8i8192?entry=ttu
PCN letters/Additional pics are here -
https://drive.google.com/drive/folders/1fbyDUGoOf9pT8-0hyUfiTFsnpRcB97lF?usp=sharing
Do I have a way forward?