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« on: August 07, 2024, 10:40:03 pm »
Not sure if anyone is still reading this... but here is my challenge for the remaining PCN's I will then write a third version when it comes to challenging the impound PCN and towing fees. Let me know if I can improve on this as I have only submitted challenges now for 2 out of 6 PCN's:
Dear Sir/ Madam,
I am writing to formally challenge the above Penalty Charge Notice.
These are the three main reasons for my challenge:
1. The penalties as a whole including the towing fees far exceeds what is just, this should be treated as a continuous contravention (details below)*
2. Major discrepancy in the sequence of PCN numbers (details below)**
3. I ask kindly for discretion due to an oversight in not renewing, as I did not get a reminder (details below)***
*REASON 1*
The penalty charge exceeded the amount applicable in the circumstances of the case; In respect of each PCN other than the first the argument of 'continuous contravention' may be advanced. I find that one continuous contravention has occurred; the vehicle remains at the
same location throughout the period these Penalty Charge Notices were issued. There is no rule of law or regulation that entitles an authority to issue a penalty charge notice every 24 hours. Therefore I am challenging all the PCN’s issued to me for the same offence, one of which I have paid already to remove my car from IMPOUND:
TT57609862 £65.00 SHD484X Issued 23/07/2024 Collingwood Street,
TT57633379 £65.00 SHD484X Issued 25/07/2024 Collingwood Street,
TT57610271 £65.00 SHD484X Issued 26/07/2024 Collingwood Street,
TT57633550 £65.00 SHD484X Issued 29/07/2024 Collingwood Street,
TT57636242 £65.00 SHD484X Issued 30/07/2024 Collingwood Street,
TT57666935 £0.00 SHD484X Issued 31/07/2024 Collingwood Street (impound PCN, paid)
**REASON 2**
This PCN dated the 25/072024 has a major discrepancy with the ticket number. If you look at the PCN numbers across the series of six PCN’s you will see that the PCN number for the 25th appears to be issued on the 29th. All the other PCN’s are in ascending numerical order, but the ticket number on the 25th is higher than the ticket number on the 26th (when it should be lower) and very similar to the ticket number on the 29th, as if they were given on the same day. I therefore believe this ticket has been issued fraudulently and represents a very serious breach of CEO protocol. I therefore believe that this ticket and all others should be canceled due to the potentially scandalous nature of the CEO’s offence.
TT57609862 £65.00 SHD484X Issued 23/07/2024 Collingwood Street
TT57633379 £65.00 SHD484X Issued 25/07/2024 Collingwood Street
TT57610271 £65.00 SHD484X Issued 26/07/2024 Collingwood Street
TT57633550 £65.00 SHD484X Issued 29/07/2024 Collingwood Street
TT57636242 £65.00 SHD484X Issued 30/07/2024 Collingwood Street
TT57666935 £0.00 SHD484X Issued 31/07/2024 Collingwood Street (impound PCN, paid)
***REASON 3***
I have been a resident of Tower Hamlets for six years now. For each year that I have held a residential parking permit, I receive a reminder to renew my residents permit. This year I did NOT receive a reminder. I have attached a screen-shot showing all the previous saved reminders in my inbox, along with the dates for each of them. As you will see here, there is no reminder for 2024, the year in which my latest resident parking permit expired.
I have received a reminder in all previous years without fail, since June 2021. Because of this, the council has established a precedent for renewal of permits. A change in this precedent is what has caused my failure to renew the permit on time. As I have not been notified of a change in procedure, I assume this to be a technical error, in which case a technical error on behalf of the council should not be grounds for penalising a resident.
For avoidance of doubt, I have logged into my account on "towerhamlets.tarantopermits.com" and verified that my account details show the correct email address. As the correct email address is listed there, there should be no reason that I did not receive a reminder, except that of a technical nature with the council's systems.
As the council failed to notify me that the permit was to be renewed and the attendant conditions e.g. cost, instructions and links for renewal etc... something which was established custom and practice for at least the past four years, I believe this PCN should be canceled.
From a legal standpoint: When someone as myself applies for a permit they enter into an agreement with the council, an agreement which in this instance was breached by the council. It doesn't matter whether this agreement states that the council will notify you, custom and practice (which may be taken to form part of the contract) is that you have in the past notified me on every occasion. It therefore follows that I should not be penalised for the council's failure to uphold this well established agreement.
Sincerely,
XXX
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