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Messages - mosana

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1
The appeal has been allowed and the ticket is cancelled, for lack of TMO.

Thanks so much community - <3  for all your advice!

2
You would also look a bit silly, complaing that a document helpfully sent to the correct address was not sent to an address you have vacated.

Not quite - the council messed up the sending part anyway, and I had to file a TE9 saying I did not receive the NTo that they claim they sent. After another 2 months, I received the NTO in September.

3
I did not, they have submitted an evidence showing how they got my address from the DVLA system on July 2nd.

4
Hi all,

The case is coming up on Wednesday, and I want to check on one more thing. I moved houses in May and promptly changed V5c too. However the Nto was issued in July to my new address. Is this a contravention by the council as the Nto should have been addressed to the old address as it is the address at the material time as the contravention occurred in March?

Can this be a deal-breaker? Can I have the V5c submitted as evidence or is anything else required?

5
Thanks so much @cp8759 and @Enceladus - will share the outcome tomorrow on Feb 19th - as the hearing has been postponed for lack of adjudicators (earliest available date it seems)!

6
To clarify:
In this link,

there is one doc that says: Case summary and traffic management order, but it does not have a traffic management order.

and in another, it says the penalty is £130, when it is supposed to be £80.


7
So where's the traffic order, are you saying it hasn't been provided?

You mean the court order to cancel the earlier PCN? I have attached that. There is no other traffic order in the case bundle.

9
Thanks @H C Andersen, but this is a more recent episode (September), while my story took place in March 2024!

10
@cp8759 - would you mind giving some free advice this time around?  ;)

11
This is the draft copy of the formal rep I sent to the council.

Quote
We are residing in .... and we have been residents for three years in Croydon. On March 22, 2024, we were asked to evacuate our house at short notice because of a gas leak in the area. Being an emergency, we were not given details about the duration of the evacuation.

After a few hours, we were told by a Met Police staff that we will be unable to spend the night at our home. We were given the address of a church to stay overnight (attached pic). We were not permitted to return to our homes till the noon of Saturday. We made many calls to the council for updates, but they did not have much information about the status on the ground. They redirected us to the gas agency, SGN.

While the gas agency messaged us on Saturday at 10:56 AM, that we were allowed back into our homes, it did not tell us that the road access to our home was blocked and our car won’t be able to come in. We arrived on Lansdowne Road (which is one-way) but found the access to our home was blocked. There were no diversion signs, or information about where residents of Emerald House have to go.

I parked the car safely at the nearby Walpole Road, and went to inquire the staff and the police in the area about the diversion and instructions for residents of Emerald House. I wanted to understand the situation before deciding the length of the time for which I had to buy parking, because it was not my original intention to park in that bay.

It was during this time that my car had been ticketed. The observation period in the ticket was under a minute.

Had there been clear instructions on the diversion, or had we been told about the blockade in advance, we would have acted accordingly. I also had placed a clearly signposted message on the car, saying that there has been an emergency evacuation at our house. Besides, the ticketing officer has indicated an observation time from 11:30 to 11:30. I did not receive sufficient time for getting the information about the road block, or spotting the officer and explaining the situation to them.

In their notice to rejection and informal rejection, the council makes no allusion to our situation and has provided only a generic rejection letter. The super-short observation period of under a minute has also not been addressed.

We appeal  to cancel the PCN on account of the above procedural impropriety by the council.

12
@Enceladus
I have attached the details here.

I could not ask both to be considered together as the first one came up for hearing three months back.

@cp8759 - will be happy if you can pitch your advise too :)

14
CR46209082 has been won above, thanks to cp and Croydon council not submitting its evidence. PCN CR46274186 is coming up on Jan 7, unfortunately Croydon have submitted evidence this time. What are the main arguments I can put forth to win this?

My thoughts:

1. The notice of rejection is generic - it does not address the "Emergency evacuation" sign, or the blocked roads.

2. The observation period is 11:40 to 11:40 - it is too short for the officer to have understood the circumstances.

Is there anything else I can state to strengthen my chances of winning?

15
Hi all,

Should I send an request to reconsider within the 14-day period or ignore the PCN in total? Thanks for your time and advice!

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