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Messages - Bergy10

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Civil penalty charge notices (Councils, TFL and so on) / Re: Islington PCN 01: Parked in a Restricted Street During Prescribed Hours
« on: July 08, 2025, 12:00:19 pm »
Any ideas for potential reps guys? Or should I tell him to just go speak with the council to ask for the discount?

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Civil penalty charge notices (Councils, TFL and so on) / Re: Islington PCN 01: Parked in a Restricted Street During Prescribed Hours
« on: July 06, 2025, 05:05:03 pm »
Quote from: stamfordman on July 06, 2025, 03:03:53 pm
Are you saying no challenge was made to the windscreen PCN?

If not they should at least grovel and try and recover the discount if there are no other grounds for reps.
If there are no potential avenues to argue against then I will have to tell him to do just that.

On the surface I'm not sure I see any arguments, but if anyone can see anything please let me know.

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Civil penalty charge notices (Councils, TFL and so on) / Re: Islington PCN 01: Parked in a Restricted Street During Prescribed Hours
« on: July 06, 2025, 05:02:51 pm »
Quote from: Incandescent on July 06, 2025, 10:10:11 am
What was the reason for parking there on an obviously visible yellow line ? There are two exemptions, (1) loading/unloading, and (2) boarding/alighting passengers.

No idea. But knowing him I think he maybe parked it there over night and forgot to move it in the morning.

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Civil penalty charge notices (Councils, TFL and so on) / Islington PCN 01: Parked in a Restricted Street During Prescribed Hours
« on: July 06, 2025, 04:35:02 am »
Hey everyone. So has asked me to help them out with a NTO they received after failing to pay their PCN or make reps within the 28 days in Islington.

The images are below. Any ideas if there is anything that can be done, or should he just pay it?












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Civil penalty charge notices (Councils, TFL and so on) / Re: Brent PCN Code 53: Failing to comply with a restriction on vehicles entering a pedestrian zone
« on: June 22, 2025, 06:51:19 pm »
@cp8759

Hope all is well mate. Just an update. I have been looking out for a letter and have not seen anything even though it's been since February when we sent in reps.

I have gone onto the website and it still, just like it has when we were sending the reps, shows as £130.

However when I look further I notice under key events it says the following:

PCN events
Date
Description
22/05/2025 16:42   Representation submitted Under review
22/05/2025 16:42   Discount Period Reset
22/05/2025 16:42   Rejected Representation - Discount Period Reset
06/02/2025 06:00   PCN Issued


So it seems they reset the discount period but did not inform us as we have not received any letter.

One thing to note it that the car was motability and has since been returned back at the end of March. So not sure if that has any impact.

Not sure what to do now as we have nor received a letter, do not know if it is with motability or the car manufacturer. What do you advise as a next step? Thanks.

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Civil penalty charge notices (Councils, TFL and so on) / Camden Code 12r Huntley Street
« on: April 01, 2025, 04:10:29 am »
I've been sent the following PCN from a family friend. Basically what happened was the driver was accompanying her friend to the hospital and parked on Huntley Street nearby. They had been there as recently as November 2023 and it was fine at the time to use a disabled badge. However something must have changed since then because I've done some reading and apparently there is now a green badge zone where blue badges can not be used.

The driver has a disabled badge and parked there mistakenly thinking in Camden it was fine to park in a residents bay with a badge. Is there any way out of this or explaining it was a misunderstanding and something to remember for next time as it is the first time they'd faced such a thing.

Pictures attached below.







This is the location of the ticket

https://maps.app.goo.gl/R9twiM6GNuXcZB3N6?g_st=ac

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Civil penalty charge notices (Councils, TFL and so on) / Re: Barnet Code 01: Paked in a restricted street during prescribed hours
« on: April 01, 2025, 03:59:21 am »
Quote from: cp8759 on March 29, 2025, 05:17:14 pm
@H C Andersen

Thanks man. Much appreciated. Thank you to everyone that helped.

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Civil penalty charge notices (Councils, TFL and so on) / Re: Barnet Code 01: Paked in a restricted street during prescribed hours
« on: March 29, 2025, 01:01:51 pm »
Hey guys, so great news. Barnet just sent a letter stating they were cancelling the PCN "due to a Civil Enforcement Officer (CEO) error" but that "this does not form an acceptance of your specific representation"  ;D yeah, right, but I'm too happy to get into it.

Thanks @Incandescent , @cp8759 , and @H_C_Andersen.

Edit: Damn I don't know how to @ H C Anderson. Tried @HCAndersen, tried @H C Andersen also tried @H_C_Andersen but none work. Anyways thanks also to you mate.

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Civil penalty charge notices (Councils, TFL and so on) / Re: Barnet Code 01: Paked in a restricted street during prescribed hours
« on: March 04, 2025, 04:46:27 pm »
Quote from: H C Andersen on March 04, 2025, 03:22:30 pm
Nothing to do with parking on the pavement. The alleged contravention is 'parked in a restricted street...'

So, first of all where were you parked relative to the numbered lamp columns and was this within 10m as it says on the sign? Nothing to do with house numbers, just column numbers.

Then we can look at whether the TTRO (assuming there is one and it's not a 14(1) notice restriction) and the placing of signs hold water.

You know what, you're absolutely right. I just realised now after reading your message and looking at the sign again that it does not mean numbers 4 to 12 as the house numbers but rather the lamp numbers 4 to 12. Just checked on GSV and that first one with the sign is number 4, the one next to it is too blurry to see but the one after is number 6 so it seems like the lamps in that direction, away from where I parked and the opposite direction to where I walked, are the ones being worked on. Makes sense why they didn't put a sign on the tree next to where I was parked and further back in the other direction.

Looking at the pictures on GSV, that lamp number 4 is well over 10m away. Its actually more than 20m away at the minimum as each house on that road is 5m wide (3 of then from the lamp post). Add to that the space between the two semi detatched houses (the 3rd and 4th houses from the lamp post) and part of the 4th house which I was parked in front of and it seems like a nonsense ticket.

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Civil penalty charge notices (Councils, TFL and so on) / Re: Barnet Code 01: Paked in a restricted street during prescribed hours
« on: March 04, 2025, 03:16:08 pm »
Quote from: Incandescent on March 04, 2025, 02:04:02 pm
So you now need to submit some representations based on the fact that the contravention did not occur. Something like: -

Dear Sirs

Re PCN AG47997185 served on 3rd March 2025 at Lichfield Road

I deny responsibility for payment of the above PCN on the grounds that the alleged contravention did not occur. Lichfield Street has no parking restrictions where the car was parked. I therefore request that the PCN be cancelled forthwith.

Yours faithfully

Post up their response when you get it.

Is this because they do not have a temporary TRO.

I have found this on the works site regarding what they've been permitted to do

https://one.network/?GB141529026

It also looks like though the sign said 3-4 March, it now looks like it may be delayed and the site mentions 6 March.

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Civil penalty charge notices (Councils, TFL and so on) / Re: Barnet Code 01: Paked in a restricted street during prescribed hours
« on: March 04, 2025, 12:52:20 pm »
Quote from: Incandescent on March 04, 2025, 12:14:45 pm
PCN please, all sides.

There are no parking bays on the street, or any signs for off-carriageway parking, although it is clearly tolereated or allowed as GSV shows lots of vehicles partly on the footway.

If parking is to be suspended in a street with no parking bays, hence no TRO,  a Temporary Traffic Regulation Order would be necessary.
Thanks @Incandescent. I have added the back to the original post.

But yes, you are correct, that road does not have specific bays, or parking on kerbs explecitly mentioned however for more than 20 years everyone has just parked on the kerb and it has always been fine. No one gets tickets for parking on there. In fact if people parked off the kerb then there would issues with traffic on that road being difficult because it is a busy road and has buses going in both directions.

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Civil penalty charge notices (Councils, TFL and so on) / Barnet Code 01: Paked in a restricted street during prescribed hours
« on: March 04, 2025, 10:47:43 am »
Hey guys and @cp8759.

So yesterday I received a windshield ticket after the car had been parked for a few days on the street. Apparently there is a parking suspension in place in order to replace a street light. However there is only one sign put up as far as I can see and I've walked up and down the street. The sign is on a pole in front of number 12 (not sure when it was put up but that is not even the direction I walked after parking the car some days ago). There is a tree right next to where the car was parked and there is also no sign up on that tree either. Apparently the restriction is for 2 days (March 3-4) and is enforced in front of number 4 to number 12 on that road. I have attached the photos of the windshield ticket, as well as photos of the only sign I was able to locate once I had found the ticket. I have also taken a video walking in the in both directions from the vehicle showing that there is only that single sign despite multiple trees on the street where signs could have been erected. As I get out of the car I walked backwards from where the car is facing, and it had been parked there for a few days prior and had not been moved.













This is the video of the walk up and down the street in both directions of where I was parked.

This one begins next to the tree next to where I parked the car (in front of number 8 ) and there is no sign as far down as number 3, nor is there any sign on any of the trees between number 3 and number 12.

https://imgur.com/1fibJpp

This is walking past the car and the tree in the opposite direction towards where the only sign is (opposite to where I walked after exiting the vehicle)

https://imgur.com/cRXFuOG

This is the location where the car is parked. It is in the space where the green car is parked under the tree (there are no leaves or big branches now).

https://maps.app.goo.gl/gJtdSgk9TTDAdZ2bA

From there you can see there are multiple trees between where the sign was placed and where the restrictions started and the sign was placed only in front of number 12 (despite the restrictions including number 3-12). Pictures below using google maps:





Thanks in advance everyone.

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Civil penalty charge notices (Councils, TFL and so on) / Re: Brent PCN Code 53: Failing to comply with a restriction on vehicles entering a pedestrian zone
« on: February 24, 2025, 01:18:36 am »
Quote from: John U.K. on February 23, 2025, 09:21:21 pm
From post Reply#16
Quote
Thank you for the response @cp8759. Well the answer is both yes and no. The vehicle is a motability vehicle and the registered keeper is my disabled sibling (who is unable to make decisions). The notice came in their name, and I am responsible for driving them to where they need to go. My sibling will not be able to give a consent but our mother who is the guardian, can.

But also
Quote
We also have the hire agreement which states that the hirer is our mother with the disabled person being my sibling.

Yes, it is contradictory, we are even confused why it's happening that way as we received another PCN back in 2019 in similar fashion. The contract is exactly how I explained however they always send NTOs to my sibling so I assume they are the owner in the eyes of the council.

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Civil penalty charge notices (Councils, TFL and so on) / Re: Brent PCN Code 53: Failing to comply with a restriction on vehicles entering a pedestrian zone
« on: February 24, 2025, 01:16:46 am »
Quote from: cp8759 on February 23, 2025, 07:34:31 pm
@Bergy10 it is important to avoid conflating the terms "appeal" and "representation", they are not the same. At this stage there is no appeal, the only option is to make a representation to the council. If that representation is rejected, the next step would be an appeal to London Tribunals.

At the tribunal stage I'm far less concerned because an adjudicator would in all likelihood be willing to make a finding of fact that your sibling does not have mental capacity and that would enable your mother to act as their litigation friend.

However the council officers will be rather more robotic in following a tick-box exercise which basically just says that unless there's a signed authorisation from the person named on the PCN, then the representations are invalid and that's the end of that. For the purpose of making representations to the council I would just word the representation as coming from your sibling.

However I'm now confused by the hire agreement, if your mother is the hirer why wouldn't the PCN be issued to her? Is this a motability vehicle?

I agree, I have conflated things but yes, I did mean representations rather than appeal at this stage.

I also agree and think making the representations as coming from my sibling without mentioning anything else would be best, if that is allowable. If it is, then I think that is what I will do if you think it will be more straightforward.

With regard to the hire agreement, it is a motability vehicle. The contract itself says the hirer is our mother, with the disabled person being my sibling. However every NTL we have ever received has always been in my siblings name in the past despite this. Maybe motability vehicles are addressed in that way by council PCNs.

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Civil penalty charge notices (Councils, TFL and so on) / Re: Brent PCN Code 53: Failing to comply with a restriction on vehicles entering a pedestrian zone
« on: February 23, 2025, 02:43:10 pm »
Quote from: cp8759 on February 22, 2025, 05:56:11 pm
Quote from: Bergy10 on February 21, 2025, 03:50:51 pm
What if we response with representations using the "I am the registered keeper" option with the representation text stating I (my sibling) am not the driver, and to address the driver who is so and so.

Then your sibling will get a Notice of Rejection saying that they are legally responsible for the penalty charge regardless of who was driving, and liability cannot be transferred to the driver. The starting point is that your sibling is legally responsible for the PCN and as far as the law is concerned, that is also the end of the matter.

Unfortunately this is a legal process and without an order from the Court of Protection, you will really struggle to get the council to accept that anyone can act on behalf of your sibling. What sort of medical evidence do you have, could you get a letter from the GP confirming that your sibling lacks mental capacity?

@cp8759, thank you for thw response. I have a letter from the GP from some years ago stating my siblings condition and the fact that our mother is communicating with the GP on their behalf as they can not communicate themselves due to the condition.

We also have the hire agreement which states that the hirer is our mother with the disabled person being my sibling.

Can we use those? If not we have no problem proceeding as if the appeal is coming from my sibling directly. The only stumbling block will be if they will need to physically or virtually be in attendance at any appeals or hearings or if they will need to speak during the process as they do not have the capacity to answer questions.

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