Free Traffic Legal Advice

Update:

Went to hearing. The adjudicator threw out the claim that the NOR was misleading/not following procedure.

Case now rests on whether there is anything in the regs around 'statute of limitations', and whether or not the council's radio silence between Nov-23 and Jul-24 is/is not in breach of said regs/guidelines.

No decision made today, eta. 7 days tops.

Hello John UK, thank you so much for the response. Not at home to share their hefty document pack they submitted for the London Tribunal.

I have scanned what we submitted (see bottom minus; attachments, again not at home so can't just now)

Re. your questions:

What is the date of your hearing? 9/10/24.
- Is it telephone or face-to face? Face to face
- May we see a copy of what you actually wrote when you registered the appeal? See below
- May we see from the Council's Evidence pack will upload later
1) the list of contents
2) their summary as to why the Council thinks the Adjudicator should reject your appeal?


If I recall, the council are arguing that nothing improper has occurred on their side, the T&Cs of parking on the estate is to display a valid permit.

Whilst we haven't mentioned this, is there anything in terms of the actual signage? The Estate's signage is "Permit Holders only".

We think we should mention this with pictures tomorrow that we are indeed permit holders (as the signage does NOT state "valid permit must be displayed at all times".

Our argument stems from comments on this thread about procedural impropriety, the time line (the order for recovery being received 7 months after the Charge Certificate) and failing to consider the representation and any supporting evidence.

We also noted that in the timeline they supplied to the Adjudicator, they checked on teh day teh PCN was issued the "valid permit" 3 times with RingGo. We aren't sure why they are checking RingGo as the estate parking isn't public pay and display?

I did speak to a CSO on the street last month to ask him about their devices and what information they can find out... he told me if there wasn't a valid permit they could call up the office to find out the status of the vehicle and whether it was in contract for that particular estate bay parking. Whilst he didn't out and out say that he wouldn't issue a ticket, he did suggest that if they discovered the vehicle was in contract, he probably wouldn't issue a ticket.




The link/image is here of our appeal:

https://imgur.com/a/EfjrlZJ

The authority's DUTY on receipt of TEC's direction to cancel the CC and notification that they had revoked the OfR was to promptly refer the matter to the adjudicator, not send you a letter giving you 28 days to appeal.

You have no right to appeal because you did NOT receive a NOR following your reps. The authority MAY NOT purport to grant you this right, it is procedural nonsense.

IMO, your appeal grounds should at least cite procedural impropriety because of the above.

Ahh this seems to fit with Charge Certificate 21.3.C: where an adjudicator has, under regulation 7( of the 2022 Appeals Regulations,
recommended the enforcement authority to cancel the relevant notice, the date on which
the enforcement authority notifies P under regulation 7(9) of those Regulations that it does
not accept the recommendation;

Looking at "The Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022", paragraph 7 "Appeal to an adjudicator against a decision to reject a recipient’s representations" sticks out which supports what you've said, further, no?

( If an adjudicator—

(a)does not allow an appeal, but
(b)is satisfied that there are compelling reasons why, in the particular circumstances of the case, the enforcement notice should be cancelled,
the adjudicator may recommend to the enforcement authority that it cancel the enforcement notice.

(9) An enforcement authority to which a recommendation is made under paragraph ( must—

(a)consider afresh the cancellation of the enforcement notice taking full account of any observations by the adjudicator, and
(b)within the period of thirty-five days beginning with the date on which the recommendation is given (“the 35-day period”), notify the appellant and the adjudicator as to whether or not it accepts the adjudicator’s recommendation.
(10) If the enforcement authority does not accept the adjudicator’s recommendation, the notification under paragraph (9)(b) must include the reasons for that decision.

(11) No appeal to the adjudicator lies against the decision of the enforcement authority not to accept the adjudicator’s recommendation.

(12) If the enforcement authority accepts the adjudicator’s recommendation, the authority must—

(a)cancel the enforcement notice, as soon as is reasonably practicable, and
(b)refund to the appellant any sum paid in respect of the penalty charge.
(13) If an enforcement authority fails to comply with paragraph (9) within the 35-day period, the authority—

(a)is to be taken to have accepted the adjudicator’s recommendation, and
(b)must—
(i)cancel the enforcement notice, and
(ii)refund to the appellant any sum paid in respect of the penalty charge.

The evidence pack "representations" I believe was what they sent out dated 17th Oct 23 (which we never received.

Islington's response to TEC's rejection:

https://imgur.com/Gzoml4J

Ok so here's what I've managed to put together:

28/07/23 - Estate Parking Permit renewal letter
https://imgur.com/1AxZ8Ea

28/07/23 - Parking Permit T&Cs
https://imgur.com/SvNlfvp

17/08/23 - eTicket, code 85 (I can't find the original one from the windscreen)
https://imgur.com/Ye6OwYI

17/10/23 - A copy of Islington's response to our response/claim (never rec'd the original in Oct-23)
https://imgur.com/v3TadBD

22/11/23 - charge certificate issued (I cannot find this)

17/07/24 - Our Witness statement/TE9
https://imgur.com/LEmLUpb


The Estate permit documentation is quite clear about displaying permits, hence why I'm wondering if I'm better off just paying the reduced rate of £65. Whoever arbitrates these tribunals know that councils need all the income they can get in today's COL crisis, so I'd get why they would uphold the case.

Just from my general knowledge when it comes to the UK law/legal/admin system, common sense never prevails... [ Guests cannot view attachments ]

Quick one and welcome any feedback.

I've read other council-related PCNs regarding a lack of a valid permit (Harringey, Tower Hamlets, both of whom had expired permits) but what if you get a PCN displaying an out-of-date permit despite your contract with the council being active and paid-in-full?

I'm due to go to the London Tribunal soon for this, with the PCN issued 16th August 23: not displaying a valid permit.

This is true. The permit displayed expired 12th August 2023.

What's also true is the letter from Islington council dated 28th July 2023 that stated the resident's parking space/permit had been renewed, "your letting bay agreement is automatically continuous".

I appealed with this information. I was out of town and hadn't gotten around to displaying the new permit. I supplied a timeline and evidence of the renewal letter.

I rang the Parking Team at the council. They explained they'd "swapped suppliers who do their tickets/PCNs and that they "don't communicate" with the Parking Dept regarding permits etc."

The council rejected the appeal: "[we are] satisfied that the PCN was issued correctly".

I plan to select either (a)"The contravention did not occur" or (b)"there has been a procedural impropriety on the part of the Enforcement Authority".

Asking people on here with much more experience in the matter:

1. Do I tick (a) or (b) for my grounds of appeal?
2. Should I just pay the initial £65 fine and be done with it?

I am conflicted: if they want to be completely "computer says no",nothing will change the fact that an invalid (expired) permit was displayed.

However, this forum often calls out councils' "public law duty to act fairly" and that the "personal computers" the ticket/pcn wardens use would/should give them access to resident permit holders' details, which if true would show that our car Reg No. possesses a valid parking permit, it just wasn't on display.

Advice greatly welcomed.