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Okay,

I have an update on this case.

I was waiting for the NoRoR to be sent by my company to me, however, this did not materialise.

My company has now informed me that a Charge Certificate has been issued and they are panicking and saying that they need to pay it immediately. The charge is now £195.

I have logged on to the RKBC website to try and manage the PCN, but it says "Case Closed", I presume this means that my company have paid.

My question is:

Can I still appeal the PCN to the adjudicator?

TIA

Hi CP,

I've already had the NtO, I am awaiting the NoR, is that what you meant?

Regards

Hi cp8759,

I have sent the representations as advised. Thank you for all your help.

My company are wobbling a little bit and worried about any potential impact of non-payment. I have told them that I am making representations and to hold out, as if I do lose at adjudication I will pay and not let it impact the company in a negative manner (I.e CCJ)

Cheers

So the council cannot suspend the bay for the parking of Diplomatic Vehicles as there are no provisions on the order for doing so. Therefore, the suspension is invalid in that respect.

Also, a TTRO would be required to suspend the bay, however, the council are yet to provide this. Therefore, it is possible that they haven't suspended the bay at all.

However, as they haven't allowed dispensing a bay for diplomatic vehicles in their Traffic Management Order in the first place, they were unable to suspend the bay for diplomatic vehicles, which takes me back to point one.

The sign is also non compliant as I found their approved suspension sign and they have omitted the flap at the bottom, which is the only approved sign from the DfT.

I find it funny that they haven't provided the TTRO and it seems difficult to get hold of. Essentially, if they haven't suspended the original TMO/TRO they have essentially still got a pay by phone parking bay with a meaningless yellow sign with some fancy writing on it.

The traffic order for this location would appear to be The Kensington and Chelsea (Charged-For Parking Places) Consolidation Order 2023, the only limb that allows parking to be suspended in order to provide parking to some other vehicle is at article 13(f):

for the purpose of providing temporary parking space for a goods carrying vehicle, where that vehicle is required for the transportation of equipment that is necessary for work that is being carried out to a property in the vicinity of that parking place;

That is obviously intended for construction vehicles and cannot possibly apply to diplomatic vehicles, so the suspension is ultra-vires. If the suspension is ultra-vires, the bay was not suspended at all so the contravention cannot possibly have occurred.

I have made some further enquiries to rule out a TTRO but odds are that the council simply don't know what they're doing, which is surprisingly common.

Hi CP,

I guess that I am waiting for the NtO to come through and raise this as the main reason that the contravention did not occur.

I am always happy to admit to a mistake, however, I have a strong belief that the authorities should adhere to their legal obligations. Otherwise, we operate in a society where the authorities can operate without adherence to the legal processes and as a lay person we have to abide to all of the laws.

I have sent the Parking Services team this email tonight:

"I have received your refusal letter.

As part of my process to further appeal this PCN, I am making a formal request for the paperwork relating to Traffic Regulation Order and Temporary Traffic Regulation Order for Scarsdale Place.

Therefore, please can I request the following:

1. The Traffic Regulation Order for the Pay By Phone bay in Scarsdale Place (located outside Holiday Inn Hotel).
2. The Temporary Traffic Regulation Order (TTRO) that regulates the suspension of the parking at the bay aforementioned in point 1 for the date covering when the PCN was issued.
3. The Royal Borough of Kensington & Chelsea's official policy on Parking Suspensions and how they are implemented."

Is there a quick way to get a copy of the TTRO?

I had emailed the council before I sent my challenge in, however, they only sent me a copy of the map and not the actual Traffic Regulation/Management Order or the Temporary Traffic Regulation Order.

Any help appreciated - thank you.

Copy of PCN attached.

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