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Civil penalty charge notices (Councils, TFL and so on) / Re: PCN Tunbridge Wells - Parked in a residents zone without permit - Whybourne Crest
« on: May 16, 2024, 11:27:05 am »
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.
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.