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as of this time there is no sign at the start of the road or at the end of DYL.

 

Thanks for your thoughts @Incandescent and @HC Andersen.
It'll be interesting to hear what others think.

Agree. Will do.

Hi all,

this be draft representation I'm looking to send. I tried to capture most of the arguments proffered above...excessive or too little?  let me know your mind


Dear Luton Borough Council,                                                                                     Parking Services,                                                                                                            Town Hall, Luton
LU1 2BQ

Dear Sir,
PCN Number:  LU06800240
I refer to the NTO in respect of the above PCN, see copy enclosed. I hereby make representation on the grounds of procedural impropriety on behalf of the authority.
[1]As you will see, the notice gives a 'Notice to Owner Date' of 11 October 2023 and a 'Date of Posting' of 9 October. This is a procedural impropriety because the date of the notice is clearly not the date it was posted. The NTO is further rendered improper because the recipient is unable to assess which date, if either, is the date of posting which therefore renders all subsequent references to payment and appeals meaningless because they can only be calculated by reference to the date of service which itself is predicated on the date of posting.
The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022 Notice to owner                                                                                                                 20.—(1) Where—                                                                                                             (a)a penalty charge notice has been given with respect to a vehicle under regulation 9, and
(3) A notice to owner must, in addition to the matters required to be included in it under regulation 3(2) of the 2022 Appeals Regulations, state—
(a)the date of the notice, which must be the date on which the notice is posted,

[2] the notice's statement that the penalty will be increased (as opposed to 'may' which is prescribed under the regulations) is a further impropriety. [cf Regulation 2022 section 20 (3) (g)]                                                                         
(g)that if, after the payment period has expired, no representations have been made under regulation 5 of the 2022 Appeals Regulations and the penalty charge has not been paid, the enforcement authority may increase the penalty charge by the applicable surcharge,

[3] signage was inadequate as there was no sign within the required distance of start of the prohibition [Traffic Signs Manual 3:13.4.15.  A sign should normally be erected within 15 m of the start and end of the prohibition]

[4] I believe that council has acted improperly and in breach of regulations for the above reasons; and request that this PCN be cancelled

Yours faithfully,

Sorry for the confusion..typo!
I did not receive rejection of my representation. There was email acknowledging the challenge..below

Dear...

Thank you for submitting your appeal using the Luton Borough Council's ChallengeSmarti website.

Your challenge has been received and allocated to your case.

Please note that your case will remain on hold until a decision has been made.

Do not make payment until you have received a response to your challenge. Payment is deemed as acceptance of liability and the case will be closed.

Regards

Luton Borough Council's Appeals Team

Case number: LU06800240
Vehicle registration:
Contravention: 01 - No waiting
Date and time of contravention: 03/07/2023 10:57

Reason for appeal: 'I didn't see any signs or lines'

I'm not sure if it's the same sign but the nearest one I would find is here: https://maps.app.goo.gl/54ib63LHbBYQabk88

Assuming that's the nearest sign, it would be over 45 yards from your car


Hi,

I can confirm that this is the nearest sign even as of now

And more pictures that show no signage, all of which I included in my rep to council

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