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Messages - Phaeton55

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1
[CASE CLOSED]

PCN KL01906797
XXXX, the authority has not contested your appeal, and you are not liable to pay the penalty charge.
There is nothing to pay and the authority will cancel the penalty charge

This is because the authority did not contest your appeal.

The authority's reasons for not contesting the case are:


The correct that procedure has not been followed

------

Thanks everyone!

2
PCN: JK12426029

Based on the small picture, it appears I exited Wolfe Crescent on the afternoon of 02/12/2024, after arriving the night before in the pitch dark and heavy rain on Sunday, 01/12/2024. I stayed overnight at an Airbnb and left on Monday, 02/12/2024.
I’ve now received a PCN but am unsure what contravention occurred. Should I request video evidence first or make an informal representation?


*********
Correction : Arrived at AirbBNB on 24.11.24 22:00 pm (Sunday) and left on 25.11 in the AM (Monday)

*********

Front
https://ibb.co/ZVGgR8s

Back
https://ibb.co/9rhz9tQ

Page 2
Front
https://ibb.co/CKLWXhT

Back
https://ibb.co/4YHkxT8


Location : https://www.google.co.uk/maps/@51.4990614,-0.0453083,3a,60y,7.61h,87.65t/data=!3m7!1e1!3m5!1sfvrKCBl-hkUpfZip1QUlZg!2e0!6shttps:%2F%2Fstreetviewpixels-pa.googleapis.com%2Fv1%2Fthumbnail%3Fcb_client%3Dmaps_sv.tactile%26w%3D900%26h%3D600%26pitch%3D2.346221200498988%26panoid%3DfvrKCBl-hkUpfZip1QUlZg%26yaw%3D7.609268876910839!7i16384!8i8192?entry=ttu&g_ep=EgoyMDI0MTIwOS4wIKXMDSoASAFQAw%3D%3D

3
My bad I ve put down the wrong dates as it was the weekend prior. When we had all the storms and terrible weather

Arrived at AirbBNB on 24.11.24 22:00 pm (Sunday) and left on 25.11 in the AM (Monday)

I'll update the original post

4
PCN: JK12426029

Based on the small picture, it appears I exited Wolfe Crescent on the afternoon of 02/12/2024, after arriving the night before in the pitch dark and heavy rain on Sunday, 01/12/2024. I stayed overnight at an Airbnb and left on Monday, 02/12/2024.
I’ve now received a PCN but am unsure what contravention occurred. Should I request video evidence first or make an informal representation?


Front
https://ibb.co/ZVGgR8s

Back
https://ibb.co/9rhz9tQ

Page 2
Front
https://ibb.co/CKLWXhT

Back
https://ibb.co/4YHkxT8


Location : https://maps.app.goo.gl/gAmypeP9sc4YvP4MA

5
After getting nowhere with the Council on the timings issue of the appeal its now at Order for Recovery Stage.

https://ibb.co/N3zF1H7
https://ibb.co/LdK55Yv

Ideally I want to get this PCN to the adjudicators, any input would be much appreciated

6
Hi there some help needed in terms of the date time lines re appealing the latest NTO and how to take this to an adjudicator or ombudsman.

NTO : https://jumpshare.com/s/sna1DUOkdUCXBv3lnU3i

Sent in a postal appeal to the latest NTO (as it included a copy of a passport) Representations posted on the 29.06.24 at main post office. The council acknowledged to have received this on 04.07.24.

https://docs.google.com/document/d/1cSG5YG0R5N16skvIUNMPTiW3qP0JmDFQhCKnjdBl-Ec/edit?usp=sharing

On the same date a charge certificate was issued:
https://i.ibb.co/gd8h0y8/charge-certificate-04-07-2024.jpg
https://i.ibb.co/Ns96jSZ/charge-certificate-04-07-2024-back.jpg

The council replied to the representations letter posted 29.06.24
https://i.ibb.co/D7wbVJY/Reply-challenge-nto-front.jpg
https://i.ibb.co/wBRM326/Reply-challenge-nto-back.jpg


Following the receipt of this letter I called the Council on 16.07.2024 and couldn't speak directly to the Parking team.

The receptionist was told by Parking Services, that because the PCN had been reset from TEC, and reverted back to the NTO stage there was no option to make formal representations its only a request to pay the PCN ---  which is strange imo .

The only option was to pay the PCN within 35 days from the postal date of the NTO and ....July 4th as the deadline

The receptionist kept going backwards and forwards and in the end I was told to write another email to outline the case as I would like clarification on the the dates but following this last question I was then told she couldn't get hold of the team ….

Email response : https://docs.google.com/document/d/1EyEFGYXl3r2wnKfHPkw-nObq_Ur1Xrf62EVgvWX0qZk/edit?usp=sharing

The council replied to this email via the post on 24.07.24 :
https://i.ibb.co/GvLYgc7/charge-certificate-challenge.jpg

Please let me know your thoughts on this and what further steps are still possible at this stage.

7
First time the missus was out for a couple of hours, grandad baby sitting the baby.
 
Baby was being fed by mum. Grandad couldnt settle the baby when she woke up with the supplied milk and was hungry and screamed her lungs out.
Grandad calls Mum to come back (1mile drive). As usual no parking in our street. Quickly parks it in front of the house of the neighbour and feeds the baby.
As soon as settled she moved the car.


8
Case has been reset to NTO and received full pack of documents

Take it make an appeal again that the PCN wording is not complying and ignored during the informal stage?

Many thanks for your input

https://ibb.co/BnLCP8c
https://ibb.co/yFCfzQx
https://ibb.co/x841HWV


Full NTO : https://jmp.sh/s/sna1DUOkdUCXBv3lnU3i

9
Just pulled this CC out of the post after a few days away from home.
Never received a NTO regarding this matter.

I take it wait till the charge is registered and go from there to get it back to NTO ?

Many thanks for your input.

[ Guests cannot view attachments ]

10
As expected the informal appeal was rejected and didn't address the procedural impropriety.

Guess waiting for the NTO to make a formal challenge




11
Thanks,

The best thing to do is make informal reps now still on mitigating grounds and request discretion from the council to cancel the PCN?

Most likely they will decline and then mention this flaw on the PCN or make informal reps on both grounds right away?

 

13
Most of the penalties that we got in the past for cancelled as soon as we mentioned the mandatory information.
They would simply ignore it in the appeal and then PCN got cancelled.

Would it be worth a try once again?

-----------------------


The PCN is missing mandatory information as follows:

Information to be included in regulation 9 penalty charge notices and enforcement notices

3.—(1) A regulation 9 penalty charge notice must include the following information—

(a)that a person on whom a notice to owner is served may, in accordance with these Regulations, make representations to the enforcement authority against the penalty charge and, if those representations are rejected, appeal to an adjudicator;

(b)that if, before a notice to owner is served, representations against the penalty charge are received at such address as may be specified in the notice for the purpose those representations will be considered by the enforcement authority;

©that if a notice to owner is served despite the representations mentioned in sub-paragraph (b), representations against the penalty charge must be made to the enforcement authority in the form and manner and at the time specified in the notice to owner.

3(1) is there, but I cannot see 3(2) and 3(3).

This is a procedural impropriety and a winning, albeit technical, argument and grounds by itself.

14
Good afternoon,

Misuss parked the car in our street on double yellow in front of a dropped curb and garage.
We have permission from the owner to park in front of the garage.



09/12/23
Wife had to come back to feed our 5-month-old as was in a state of distress, as per usual no parking spaces in the street or near our house at this time of the night (as the permits are not required after 6pm)

CEO comes round (way after 6pm)  @ 20:45 goes around the block twice in his car and slaps the ticket on at 20.51.


Location
https://maps.app.goo.gl/TNM2zK2X9VL65B237

PCN Photos
https://pcn.swale.gov.uk/  GV68 WRX - KL01906797







Let me know what grounds there are to make an informal appeal, any input is much appreciated as always

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