Show Posts

This section allows you to view all posts made by this member. Note that you can only see posts made in areas you currently have access to.

Messages - wolzal

Pages: [1] 2 3
1
This is beautiful Stamfordman.

From memory, my hearing is in May - so I'll examine this in more detail closer to the date. But this fills me full of optimism!

EDIT: Am I able to contact the council directly now and say "you lost this appeal under the exact same circumstances - I would ask you reconsider whether you wish to pursue this?"

If not, how do I incorporate this into my appeal?

2
It appears I've been given a date for May 2026 over video call.

Appears or have been given?

We have a long wait to receive their evidence to the Tribunal i.e. 7 days prior to 'a date in May'.

Didn't get an email update about it, but that's what it says when I logged in to their portal to see if I could edit what I had submitted.

3
You've appealed to London Tribunals?

All you had to do was register the appeal - there was no need to send anything at this stage.

Yeah. I didn't realise that was an option, I did the full thing.

It appears I've been given a date for May 2026 over video call.

4
I submitted a hastily written appeal last night before midnight to get one in before the deadline covering all the points on here, including the bit about my contention on there being no signage about the event in the CPZ boundaries. With that said, am I still able to edit what I submitted?

Apologies for being flip-floppy, but what you have all brought up recently is actually quite a bit more compelling than what was discussed before. One of my issues around this PCN being issued, while not the main issue, was the fact that there was no photographic evidence included in the PCN which detailed the specific event. I wasn't aware until now that the council is obliged to have signage regarding the event on the CPZ boundaries.

It wouldn't exactly be hard for a council to take photograhps of these signs when they send people out to update them to be included in the evidence bundle of any PCNs being issued in relation to that event, so the fact that I am contending that there was no such signage, and the council is unable to provide evidence to the contrary - does this not mean my appeal should be allowed based on the case referenced by Stamfordman?

Also, I would appreciate everyone's opinion on the councils contention that they are not obliged to change the signage in the borough to reflect the various different events that may be taking place as all the signage in the borough is compliant with the Department of Transport's traffic signs regulations and general directions.

I find this to be a bit of a bullshit argument because to me, they are suggesting that the TSRGD says it is ok to use the term 'Match Day' to cover events. If my interpretation is correct, the TSRGD does no such thing. The only time the word 'Match' is mentioned in the TSRGD is to say the following;

Quote
5. The expressions “Match”, “match”, “Event”, “event”, “Market”, “market”, “Day”, “day”,
“On”, “on”, any of those expressions in the plural or the expression “Next” or that expression
without a capital letter may be used with any of the expressions permitted by paragraph 1, 2, 3 or
4 as appropriate.

All this is doing is setting out to the local authority what terms are acceptable to use on their signage. It is not stating that any one of the terms are interchangable with all of the others. If we were to accept Islington's interpretation of the TSRGD, they could place the term 'Market Day' on their signs next to local stadiums and use them to enforce parking restrictions during football matches, or put 'Match Day' on signs on roads next to Market Places.

The signage would be compliant with a literal interpretation of what is acceptable as set out by the TSRGD - but this surely wouldn't make any sense? Surely the Local Authority is expected to pick out which of the acceptable terms is most appropriate for what the signs are enforcing?

I'd appreciate the thoughts of anyone who is willing to offer an opinion, as what has been contributed recently makes it seem like this may actually be worth following through.

5
Hang on - just read that last case you shared.

Am I correct in understanding that the appellant won the case because the council could not prove that the relevant signage about the match/event was present at the boundaries of the CP zones?

Isn't that applicable to my case?

6
You had an NTO did you not and then a rejection letter? Did you try and pay within the time they said?

Essentially yes. The rejection letter offered me the discounted rate of £55, but on their website it wants £110.

I submitted their contact form within the time frame, but no response yet.

I guess I'll just mention this is why my appeal was submitted late if Islington try to backtrack on their discount offer.

7
Just a quick question - the reason I decided to abandon the appeal and pay the fine now was because their last letter 28 days ago said I could still pay the discounted fine of £55.

When I logged on to their website to pay it, it was still demanding a payment of £110. The letter also says I need to submit my appeal within 28 days, which is today.

I used their contact form to raise this, and the automated response said;

We can confirm that we have received your correspondence which will be attached to this case. The PCN will be placed on hold until we reply, which will be within 56 days.

Does this still apply even though it is not in response to the initial PCN nor the Notice to Owner which I had already responded to?

Just don't want to end up getting caught out and missing the appeal deadline on a technicality.

8
Thanks for your responses.

My position is that unless someone here can tell me that this is definitely worth pursuing as I'd very likely win on appeal, then I'd much rather just pay the £55 now so I can move on and forget about this. My heart just isn't in it anymore.

9
In your case, IMO, in order to help you reach a decision pl deal with these questions:

Did the bay in which you were parked stipulate the permit identifier (and therefore zone in which it is located) conditions and restricted hours on 'match days'?
Did you pass a sign into this zone stating that the day on which you parked was a 'match day'?
Did you comply?
Did you consult any other source of information regarding 'match days' before or after you received the PCN?
If before, why?
[/i]

Did the bay in which you were parked stipulate the permit identifier (and therefore zone in which it is located) conditions and restricted hours on 'match days'?

It mentions the location code for paying over the phone in the image I posted on page 1. It doesn't mention anything regarding a zone from what I can tell.

Did you pass a sign into this zone stating that the day on which you parked was a 'match day'?

I'm afraid I cannot remember the route I would have taken into the zone. All I can remember is not seeing a sign at the time (it was raining pretty heavily at the time).

Did you comply?

See above

Did you consult any other source of information regarding 'match days' before or after you received the PCN?

At the time of parking, I checked to see if there were any matches taking place at the Emirates stadium (which there were not) by checking online. I didn't check for events because the signage on the roadside didn't suggest events would be included. I've never been in this situation before so I thought that would be enough.

If before, why?

As the signage indicated that the restrictions would be enforced if a match were taking place.

10
IMO, there's a defect in the NOR in that it does not inform you correctly of your rights of appeal. These are:
1. That an appeal may be made within the period of 28 days beginning on the date of service. In this case, 'may be made' takes on a legal meaning which is that reps so made and if in correct form MUST be registered by the tribunal AND such registration prevents the council from increasing the penalty and serving a Charge Certificate; and

2. That an appeal may be submitted to the adjudicator after the 28-day period has elapsed who may at their sole discretion register such an appeal with the effect that if the council have not served a CC they may not then do so and if they have then this must be cancelled.

2 is missing.

IMO, 2 is as important as 1 because there can be a whole host of valid reasons why an appeal is not submitted within 28 days e.g. NOR not delivered, recipient not able to deal with matter for reasons beyond their control such as illness, hospital confinement and possibly extended holidays abroad. Add to this the fact that as a matter of regular practice the Tribunal will accept appeals submitted after the end of the 28-day period. Whatever the reason which might apply, it does not lie with the authority to omit bringing this to the attention of the recipient as the law requires.
[/i]

These bits were provided, I just didn't include them as I assumed it's pretty similar to all the other ones they send out.

11
Post the full rejection letter. I think they are on sticky ground here but understand your caution. But unless we test these cases ar the tribunal it's hard to hold authorities to account. Here Islington obviously doesn't want to spend on changing signs. There's a good chance they wouldn't contest this in my view.

Here you are;




12
Post the full rejection letter. I think they are on sticky ground here but understand your caution. But unless we test these cases ar the tribunal it's hard to hold authorities to account. Here Islington obviously doesn't want to spend on changing signs. There's a good chance they wouldn't contest this in my view.

Are we still using Imgur to upload images or moved on to another platform because of OSA?

13
Good Afternoon all - this will likely be my final update.

In short, the latest update in the post today is that they've maintained their stance that the PCN was issued correctly; adding that the signage is in compliance with the Department of Transport's Traffic Signs Regulations and General Directions 2016.

They've given me the option to again either pay the fine or appeal to the Environment and Traffic Adjudicator.

Importantly, they've once again offered me the opportunity to pay at the discounted rate of £55.

To be honest, it's been quite stressful each time I get an update about this in the post. It's now gotten to the point where I'd happily pay the £55 simply not to think about this matter anymore.

Quite simply, even if my grounds for appeal are sound (which there is no guarentee of), my desire to see this through to the end has diminished singificantly.

Thanks to everyone who commented on this thread, particularly stamfordman. I really appreciate all your help. Sorry this one ended up being a bit of an anticlimax.

14
I'll draft reps for you. There's no rush - bump if I've not done it in a few days.

Hey - still up for doing this. I guess I'm still within the time frame to respond? Almost completely forgot about it!

15
I'll draft reps for you. There's no rush - bump if I've not done it in a few days.

Really appreciate that. Thanks so much for doing this and all of your assistance so far! :)

Pages: [1] 2 3