Show Posts

This section allows you to view all posts made by this member. Note that you can only see posts made in areas you currently have access to.

Messages - lofi234

Pages: [1] 2
1
Basic defence currently is procedural impropriety for missing info from the PCN.

Procedural impropriety for implying 29 days for various time frames when they are required to be 28 on the PCN and Rejection letter. The way I’ve explained this is “two days from Monday” would always be Wednesday. So 28 days from a date would commonly not include day one. The wording they are supposed to use is “within”.

She is also happy to bring up the lack of proof of a sign showing the area is a residential parking only street. As such they only have a photo of a repeater over a yellow line and her car wasn’t on a yellow line. She has lots of evidence that lines do exist on the road and obviously a driver can only respond to the information available where they park on that day. Not online information which they have supplied as evidence it’s a residents parking area.

I feel like they are all sensible and strong arguments and she seems happy enough to talk them through.

2
Yes she requested a telephone hearing. I think it’s the end of the month. Any advantage to video over telephone? She wasn’t too fussed either way.

3
Ok she has added her comments on their evidence. I told her it’s best to submit nothing in relation to them not showing the large sign on entry to the zone as she can raise this at the telephone tribunal. The argument being they have no evidence the sign existed or was visible.

Is that good advice?

For the 28 day stuff my understanding is that the council using “from” instead of “within” could mean you have 29 days instead of 28. The meaning is ambiguous and could cause the driver to misunderstand what the timeframe is. Is that correct?

4
So I need to respond to the appeal in the next few days. Any advice welcome.

We’re going to raise the procedural impropriety from the formal appeal.

Is it worth mentioning they haven’t shown an image of the main signs showing it’s a residential parking only area? They just have the repeater. She genuinely didn’t see the larger sign just the repeater over a yellow line.

Is there anything else we should include?

Thanks.

5
@lofi234 it's a permit parking area, you can see the PPA sign here: https://maps.app.goo.gl/m6e2EmZQRFLG8WTZA

That being said, the council seems to be in complete disarray, they don't seem to know the difference between a PPA and a CPZ, they've got no evidence of signage (do not point this out to them!), and I suspect that by now the sign is completely engulfed in foliage.

To top it off the discount is not on offer, so there's no reason not to appeal and see what they put in the evidence pack.

I'm going to drop you a PM in case you would like to be represented.

The evidence shows the repeater sign only. I took this photo today of the main sign.

https://imgur.com/a/90yogKe

6
They also added the NTO and other letters I have already uploaded at the start of the thread.

They also uploaded the parking order for the road and an amendment to that order.

[ Guests cannot view attachments ]

8
Notes from case



[ Guests cannot view attachments ]

9
Informal appeal

[ Guests cannot view attachments ]

10
case Report



[ Guests cannot view attachments ]

11
PCN evidence

[ Guests cannot view attachments ]

12
Evidence is in

[ Guests cannot view attachments ]

13
Ok thanks. We’ve done that.

Will post back here once we have more info.

14
Ok understood. Thanks for the offer but I don’t want representation.

For this adjudication phase my understanding is it’s all done online?

Has anyone got any advice for the adjudication phase. Specifically are there previous cases I can use as examples of the procedural impropriety leading to the PCN being invalid. I believe Tunbridge Wells have history of issues in this area.

Cheers.

15
I mean going as far as and including adjudication but accepting whatever outcome that leads to.

I’m not saying we’d accept that nonsense reply from the council.

Pages: [1] 2