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Messages - tincombe

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1
Civil penalty charge notices (Councils, TFL and so on) / Re: Code 62c - Southwark Council - Elephant Road
« on: Yesterday at 11:31:58 am »
Formal reps have been made so I suggest the recipient waits for the council's response.

Are you the registered keeper?

2
Civil penalty charge notices (Councils, TFL and so on) / Re: Parked for longer than permitted, but no photo proof of length of stay
« on: Yesterday at 08:59:31 am »
Their primary evidence is the CEO's notes and these may be supported by photos.

IMO, if the CEO's notes (an official record) say that in respect of the period of parking specified in the PCN you were observed at 13.28 and you cannot prove the contrary using the legal test of balance of probabilities, then this would be found as a fact by an adjudicator.

If you can neither credibly claim that you moved and returned during the period or that you parked and remained stationary after the time of first obs then you would not succeed on these grounds.


3
Civil penalty charge notices (Councils, TFL and so on) / Re: Redbridge, code 02 parked in a restricted street, chadwick road
« on: Yesterday at 08:39:40 am »
I have the rejection for the NTO and windscreen PCN but cannot locate my challenges or the NTO.

Pl post the full NOR and you can always ask the authority for copies of all correspondence from/to you because they're obliged to provide under SAR regs..but IMO you don't need to quote regs, just ask.

4
Civil penalty charge notices (Councils, TFL and so on) / Re: Procedure for PCN not received on windshield?
« on: May 30, 2026, 11:17:34 am »
The intention is to "reset" back to informal stage to reclaim the initial discount and have the chance to make the initial representation.

Not possible, as others have said.

The recipient of the NTO must make formal reps in which they can say that, although the PCN was served, it was not on the vehicle when the driver returned. 

Is the NTO addressed to you by name and have you looked at the council's photos? Pl post the NTO and leave in all except the addressee's details pl.

5
Civil penalty charge notices (Councils, TFL and so on) / Re: Code 62c - Southwark Council - Elephant Road
« on: May 29, 2026, 09:04:31 pm »
The council's photos show the car clearly with the rear 2 wheels on the footway. 

6
Civil penalty charge notices (Councils, TFL and so on) / Re: Southwark, Code 81 Parked in a restricted area, Glazebrook Close, SE21 8RR
« on: May 29, 2026, 04:42:30 pm »
They're not obliged to, but often do because although appealing is free for you, they incur a fee in the range of £25-£30 per appeal in addition to which they bear the internal cost of administration in preparing their evidence. This more often than not 'encourages' them to re-offer the discounted sum.

7
Civil penalty charge notices (Councils, TFL and so on) / Re: Code 62c - Southwark Council - Elephant Road
« on: May 29, 2026, 02:12:50 pm »
Is the car leased or are you the registered keeper?

In any event, if you received the NTO in April then the 28 days for making statutory reps has passed, but as a Charge Cert. hasn't been issued you might be lucky.

8
Civil penalty charge notices (Councils, TFL and so on) / Re: Southwark, Code 81 Parked in a restricted area, Glazebrook Close, SE21 8RR
« on: May 29, 2026, 01:47:18 pm »
Code 81 Parked in a restricted area,

You were issued a PCN for parking on a yellow line.....(which on the road would be code 12!).

Rather speaks for itself IMO.

They're idiots whose lack of knowledge is matched by their obstinacy.

Wait for the NTO IMO, and we can compile reps which focus on the key issues. Should be quite short.

9
Civil penalty charge notices (Councils, TFL and so on) / Re: PCN Code 12 - for parking where there was a non-yellow temporary parking sign - is it challengeable?
« on: May 29, 2026, 12:43:26 pm »
'...changing it from permit holders only during week and free at weekends and bank holidays to only permit holders only. I didn't realise my permit didn't renew automatically, so I was given PCN for Saturday, Sunday and Monday (bank holiday), which normally would not require permits to park there.'

Your post title reads 'Code 12'.

So in short: The additional restrictions require the same Mon-Fri permit, therefore as you are a permit holder PR, this must mean simply that it had expired, hence the PCNs. If so, when did it expire and have you since replaced it?

If this isn't the case, then pl explain and post at least one of the PCNs

10
Private parking tickets / Re: Mishandling of case by CNBC, feel like we’re set up to fail
« on: May 28, 2026, 09:44:58 pm »
For private parking. I have asked the Moderator to move.

The County Court Money Claims Centre (CCMCC) in Salford and the County Court Business Centre (CCBC) merged to form a single national unit: the Civil National Business Centre (CNBC). This centre is now responsible for the processing of civil claims.

11
Civil penalty charge notices (Councils, TFL and so on) / Re: Southwark, Code 81 Parked in a restricted area, Glazebrook Close, SE21 8RR
« on: May 28, 2026, 06:22:01 pm »
Morons.

12
Civil penalty charge notices (Councils, TFL and so on) / Re: Southend-on-sea, Code 01 Parked in a restricted street, Hainault Avenue
« on: May 28, 2026, 02:17:10 pm »
The PCN states "If the penalty charge is not paid or challenged on or before the end of the 28 day period, from the date this penalty charge is issued".
This is misleading and suggests that challenging the PCN, whether successful or not, would be enough to prevent the serving of a notice to owner after the 28 day period has expired

The PCN is materially defective in 2 respects:
1. It misstates the 'payment period' which without exception is specified in the regulations as '28 days beginning on the date of service'. Your PCN refers to 'date of issue' and 'from' which is procedurally improper in both regards.

2. The power available to the council to serve a Charge Certificate is NOT contingent upon whether a challenge has been made and this procedural impropriety takes on greater significance in the context of the council's failure regarding the owner's obligations.

I would also preface your challenge by acknowledging the contravention because you have not suggested an arguable defence.

I accept that ******** but as can be seen in the attached photos(yours of motorists still parking there and any GSV in support) this is a regular occurrence. Until now I had not received a PCN despite repeatedly parking at the location. I now know this is a contravention but as this is my first PCN I would ask that the council exercises its discretion to cancel. If it is not minded to do so then I should be grateful if you would not belabour this point but instead deal with the following issues of procedural impropriety. ....


I know these are only informal reps, but it you can get them to cancel at this stage, so much the better.




13
Civil penalty charge notices (Councils, TFL and so on) / Re: Camden Council
« on: May 28, 2026, 01:58:58 pm »
+1.

And unless you intend to pay, pl post the PCN. your reps and their reply.

You have to post and not transpose because with the best will in the world you will omit important details..as you have with their reply because it omits the date and therefore means we and you don't know when the re-offered 'discount' period ends.

VWFS are hopeless, lazy and I'm tempted to say predictable with these matters, but it's your PCN and you should contact them. If by phone then follow up with an email pl.

14
Civil penalty charge notices (Councils, TFL and so on) / Re: Southend-on-sea, Code 01 Parked in a restricted street, Hainault Avenue
« on: May 27, 2026, 02:04:29 pm »
These procedural improprieties are separate.

3(1) of the Appeals Regs - https://www.legislation.gov.uk/ukdsi/2022/9780348231564

Mine relates to 2(d) and 2(f) of Schedule 2 to the General Regs: https://www.legislation.gov.uk/uksi/2022/71/schedule/2

15
Civil penalty charge notices (Councils, TFL and so on) / Re: Southend-on-sea, Code 01 Parked in a restricted street, Hainault Avenue
« on: May 27, 2026, 08:28:57 am »
What have 'Marston Holdings' got to do with this?

Do you understand why the PCN is not compliant?

The PCN states:

'If the penalty charge is not paid or challenged before...28-days from the date this penalty charge is issued..the Council may serve a Notice to Owner..'

This is materially incorrect in 2 respects.

Serving a NTO on the owner is NOT contingent upon whether it is 'challenged', the only condition is that a 28-day period has elapsed beginning with the date of service. Councils were making this mistake with PCNs years ago but after numerous adverse adjudication decisions(and you could probably throw in case law), PCNs served by CEOs have, where they've referred to the matter at all, used the phrase 'or successfully challenged'.

So this part of the PCN, which is mandated under the regs, is defective IMO.

But would the council cancel, in effect admitting their error?   

Can you give them any other reason to cancel e.g. been doing it for ever without issue, common practice in this road, you have a clean PCN record and won't do it again etc.

If the location is local you might want to take photos of any other large-scale contraventions in support.

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