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Messages - boggler

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1
Does anybody want to represent me at appeal? Thanks in advance.....

2
This is my draft appeal. Any expert advice would be appreciated!

"The alleged contravention did not occur because the suspension had ceased to be required for its stated purpose before the PCN was issued.
The key contemporaneous evidence is the council’s own live roadworks map for 21/01/2026, which showed no active utility works on Wendover Road on the date of the alleged contravention. This directly supports my position that the utility works had been completed by 20/01/2026 and that the suspended bay was no longer required on the morning of 21/01/2026 when the PCN was issued.
This is corroborated by the CEO photographs, which show a fully unobstructed bay with no works, barriers, equipment or activity present in or around the suspended bay.
The council has produced no evidence whatsoever to contradict this evidence and show that the bay remained operationally required for utility works at the material time.
A suspension is imposed for a specific purpose. Once that purpose has ended, continued enforcement serves no lawful traffic management purpose. Instead of addressing whether the suspension remained necessary, the council’s position rests solely on the fact that the suspension signage remained physically in place and visible, essentially a mechanical interpretation.
Further, the enforcement authority committed a procedural impropriety by failing properly to consider my representations.
My representations specifically relied upon the council’s own live roadworks map showing no active works on Wendover Road on 21/01/2026. However, both the Notice of Rejection of Challenge and the Notice of Rejection of Representations failed to engage with this evidence at all. Instead, the council responded to matters I did not dispute, namely signage visibility and awareness of the restriction.
The enforcement authority has therefore failed to properly consider the substance of my representations.
I therefore respectfully request that the appeal be allowed."

3
So, I have had my reply from the council informing me of their rejection of my representations. Once again, they make no reference to the roadworks map showing that roadworks had finished on that date. If anyone can kindly help me with my appeal to the tribunal that would be most appreciated otherwise I will be winging it alone....


4
Hi,

I now have my notice to owner.



https://imgpile.com/p/IltHGx1#b5Kr00O

https://imgpile.com/p/IltHGx1#TfTasx2





 I am going to appeal this. How does this sound? Is it too much information at this stage? Thanks


FORMAL REPRESENTATIONS

PCN: BY28005604
Vehicle: GD15FDK

Ground 1: The alleged contravention did not occur

The vehicle was parked in a bay suspended for utility works between 19 January 2026 and 21 January 2026.

However, the works were completed on 20 January 2026. By the morning of 21 January 2026, when the PCN was issued, the bay was clear, unobstructed, and fully usable. There were no works, equipment, barriers, or operatives present at the location.

The council’s own roadworks information for that date shows no active works on Wendover Road. Furthermore, the Civil Enforcement Officer’s photographs show no indication of any ongoing works or any reason for the bay to remain suspended.

While a suspension sign may have remained in place, a suspension can only be enforced for so long as it is necessary for the stated purpose. Once the purpose has ceased, continued enforcement is not justified.

As the purpose of the suspension had clearly ended prior to the PCN being issued, the restriction was no longer operative in substance. Accordingly, the alleged contravention did not occur.

Ground 2: Procedural impropriety

In my informal challenge, I did not argue that I was unaware of the restriction. My representations clearly stated that the suspension had ceased to be necessary because the works had been completed.

However, the Notice of Rejection states:

“Your correspondence indicates that you were not aware of the restriction…”

This misrepresents the substance of my representations and fails to address the actual grounds raised.

The council has therefore failed to properly consider my representations, as required under the Traffic Management Act 2004.

5
So, they have replied but either they haven't read my appeal or misunderstood it. I never said I wasn't aware of the restriction, I said that the works had finished! Any advice on the next steps would be appreciated!

https://imgpile.com/p/F1EzOCU



https://imgpile.com/p/F1EzOCU#5pUz7Av


6
So, the council have replied to my email "Good morning,

Thank you for your email.
Our records indicate that we have received your challenge against the Penalty Charge Notice (PCN) that you have quoted.
Your case has been placed on hold until a decision has been made. All correspondence is answered is strict date order of receipt, therefore a response will be sent to you as soon as possible.
If your challenge is rejected, the discount will be reinstated.

Kind regards,"


So, my question is the fact that they have put this in writing but have displayed on their website that £160 is owed now with no mention of a hold, is that not an issue. i.e. I could see that and panic then pay the £160 when they are explicitly saying that they are still considering the case.

7
From the council's website:

When we receive your appeal, it will be logged as a challenge or formal representation (depending on how the penalty was issued and/or how far it has progressed). We will ensure that the case does not progress further and then write to you in due course to let you know the outcome and how much money is due, if any.

So, they will write and will freeze its progression until their reply is served.

Yes, that's what they should do but there have been cases of councils claiming they have sent out documentation which has not been received...

9
Yes. I am the owner and everything is up to date. I sent my appeal in and received the acknowledgement on 27th January. So, if they had rejected it wouldn't there have been another 14 days to pay?

Also as per the link, I can still appeal as if it were the first notice....

https://imgpile.com/p/k66DeD9#l5nuKBS

I suppose they could argue the letter went out and it is now past that date? My suspicion is that the appeal has not been picked up by the sytem and the fine has just ticked over to the past 14 day period.

I'd rather not phone them as phone calls are harder to document. There is an option to email them..or does it not matter?

I was thinking of submitting the following via email

"I submitted an informal challenge to PCN BY28005604 on 27 January 2026 and received an acknowledgement the same day.

I have not received any response to that challenge.

The online system now shows the full charge of £160 outstanding.

Please confirm:

Whether my informal challenge has been considered;

Whether a Notice to Owner has been issued;

The current procedural status of this PCN.

I look forward to your clarification."


Would that be sensible?

Thanks in advance for all the help!

10
So I sent my appeal in and have not heard anything back. I have been to the website and when I click on payment, I see the following:


https://imgpile.com/p/k66DeD9


Does this mean my first appeal has been rejected? Do I move to the next stage of the appeals process now even though I have not received any reply?

Thansk for any advice.

11
So, should I change the wording of my appeal slightly?

Maybe add this at the end? "In addition, I note that under the Traffic Management Act 2004 the authority is required to have regard to the Secretary of State’s Statutory Guidance, which emphasises proportional and fair enforcement."

12
Is it the Guidance to Local Authorities in the Traffic Management Act 2004 that I need to quote? Thanks

13
Thanks. It is much appreciated!

14
How does this sound for a first stage appeal to the council? Thanks

Grounds for Appeal: The Contravention did not occur

The parking bay was suspended for utility works from 19 January 2026 until and including 21 January 2026. However, the utility works were completed on 20 January 2026 and the bay was clear and fully usable on the morning of 21 January when the PCN was issued.
As the purpose of the suspension had ceased, the suspension itself had no continuing effect and should not have been enforced. A parking suspension may only lawfully remain in force for as long as it is necessary for the stated purpose.
The council’s own roadworks map for 21 January (which I have attached) show no active works on Wendover Road. In addition, the CEO’s own photographs show no works, equipment, barriers or obstructions present in or near the bay, corroborating that the reason for the suspension had ended.
Furthermore, I am also a resident permit holder for this bay and parked in my usual permitted location outside my home once the works were complete. No obstruction was caused and the bay was not required for any works or other purpose at the time.
In these circumstances, it can reasonably be asserted that the contravention did not occur and I request that the PCN be cancelled.


15
There is a roadworks map for 21st January and as highlighted in yellow, our road is clear of any roadworks...

https://imgpile.com/p/Ncl2EZo#2HsIH7J

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