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Messages - El-Roi

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1
Thanks.
I wasn't able to file the representation that night.
I had problems filling online using the appeal portal. Technical system error messages kept coming up halfway through the filing process. Tried the next day same error messages Called the next day but couldn't speak to someone.
Ended up sending it by email with the error message screen shots & my Resident Permit. I will keep the forum updated.

2
@cp8759
Is there anything else I can add to Stamfordman's draft representation as per your "post Reply #13 on: May 12, 2025, 04:14:46 pm"

With respect to the response that you received from Medway when you requested the TRO.

3

@H C Anderson 
@stamfordman 
@cp8759 

Thanks for your prompt responses and advice. 

I will send it tonight.  I will go with what Stamfordman drafted. 

@stamfordman - Thanks for the draft. 

Note: Which witness statement are you asking about? 
I completed the TE9 form to get the charge certificate removed. Is that what you are asking about?

4

@H C Anderson
@stamfordman
@cp8759


Hi all, 
Quick update on my PCN: the council withdrew the Charge Certificate  (great news!). 

Now I need to submit a formal representation to the council while the case is back at the NTO stage.
Please could someone help me draft a strong,compelling representation 

- NTO date: 08 July 2025 

Thanks so much — your advice has been invaluable so far! 

6
Thanks posting this. Appreciated.


That's the time on the website but as you will appreciate the website is not always up to date.

Receiptants were already in the hall and they had already started distribution & serving when I arrived.

9

Thanks, HCA. Your response was brilliant.
After rethinking, I believe it’s both appropriate and necessary.
Given the way they are acting, this type of response seems to be the only language they will understand. I used your draft and reiterated that this was a free charitable donation, so no supporting documentation exists.
I hope this is okay and gets the message across effectively.
This is what I intend to send over—let me know if it works.


Thank you for your email dated 26 March 2025.

I believe that the authority's misunderstanding of the law should not be imposed on keepers and drivers conducting their legitimate business.
I was delivering free home-cooked food for the homeless, and as this was a charitable donation, there is no associated documentation such as an invoice or delivery note or thank you note etc.

Please process my representations as submitted. If you choose to reject them, an adjudicator will have the opportunity to thoroughly examine the matter and assess the actions and decision-making within your organisation."




10
Thanks, HCA. Brilliant email response as always!

Just a quick check—do you think your no-nonsense response might put their backs up and make them say, “Let’s go to the independent adjudicator”?

I was just being sarcastic, not getting worked up or playing along with their ridiculous game and bullying tactics. It’s clear they realized their initial rejection was wrong and were just talking nonsense—now they’re trying it on again.

I’ll reply to the email as per your draft and maybe just add that this is a donation (free of charge), so there is no associated invoice or delivery note.

11
Please, I need some advice on how to respond to this email sent on 26th March 2025 requesting for delivery Invoice on a letter-headed paper regarding this PCN.
I do not have a letter-headed invoice. I was delivering cooked food free of charge to a church that was feeding the homeless, as stated in my appeal and on this forum. I am confused that they are asking for a delivery invoice now. I am confused as to how or where I can get an invoice for free home cooked food for the homeless.
Thanks in advance for your input 

Date: 26th March 2025

PENALTY CHARGE NOTICE: MW92094257
I refer to your recent appeal regarding the above Penalty Charge Notice.
To enable this matter to be given further consideration please forward a copy of the delivery note/invoice in respect of the delivery/collection of goods you state you were making on the day in question, failing this a company headed letter would be accepted.
Please submit this documentation to the Parking Section of Medway Council at the above address within 7 days of the date of this letter in order to prevent further action being taken. If however you are not able to provide this proof I would ask you to make arrangements for payment of the outstanding amount due within 14 days of the date of this letter.
The rejection is indeed correct in that without being seen to be unloading or loading in the given observation period as this is zero tolerance area outside of the loading times, you would need to be seen as it is required to be continuous.

Please note the Parking Office has the facility to accept payments by Credit/Debit/Switch/Delta cards on 01634 332266 or by using the automatic payments system on 01634 334477, or pay online at www.medway.gov.uk

Yours sincerely,
G.GX

Medway Council

13
OP, you have to make a choice.

If you are the registered keeper then you could either pay the discount or continue. If the latter, you might be exposed to the full penalty should your reps be unsuccessful.

What are chances of success if it goes all the way to Tribunal ?

As regards grounds, a strict interpretation of the regs means that the contravention did not occur. This follows because the authority accept that 'you have submitted a valid permit' and yet have cited grounds precluded by this fact. However, this is after the fact, IMO the key admission here as regards issuing the PCN on the chosen grounds is 'I must also note that no details of the permit are visible'.

I agree. But as Stamfordman pointed out another code 16 should have been issued instead.
As regards 'I must also note that.....CEOs within Medway do not have the capability', they might say this, I couldn't possibly comment!
Thanks Noted.

14
Is the correct grounds for appeal - "The alleged contravention did not occur"

Should I ignore the "Mitigating circumstances" grounds which was on the informal challenge and was not considered in the rejection letter?


How do I address the misleading information on the rejection letter? Is that sufficient to cancel the PCN. Just want to learn / understand incase I encounter such scenario in the future.

Will you help me draft a representation when I receive the NTO?

Yes the contravention did not occur and they misled themselves into thinking another contravention did occur.
Thanks for the confirmation

The permit you displayed was obscured but it wasn't invalid.
Correct. They have acknowledged that I submitted a valid permit alongside my informal challenge in the rejection letter.


I will help you draft formal reps to the NTO. As I said this isn't a big deal unless £25 is make or break...

Thanks. Appreciated
Funds are tight at the moment.I have a lot going on.

Are you the registered keeper and is the V5C logbook up to date with correct address?
Yes

15
@El-Roi the informal rejection clearly demands an amount that exceeds the amount lawfully due, and that is a statutory ground for cancellation.

Thanks

I will wait for the NTO

In the meantime I'll get hold of the traffic order.


Appreciated.

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