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Messages - tincombe

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1
Civil penalty charge notices (Councils, TFL and so on) / Re: Medway Code 01 restricted street, canterbury st. Gillingham cpz signage a shambles.
« on: Yesterday at 10:00:22 am »
When is your hearing?
Have you elected for a video hearing(as opposed to one on the papers)?
Given that less than 28 days have elapsed since their NOR was served, arranging a hearing and getting the council's evidence must be something of a record!

IMO, you have procedural points arising from their NOR, namely:

Failure to inform you about the adjudicator's power to award costs;
Failure to notify you correctly of your regulatory appeal rights and the council's power to increase the penalty charge;

(the above are mandatory duties).
 
So your appeal grounds are now at least contravention did not occur and procedural impropriety.

You'll need to post their evidence pl. Others might be able to advise on formatting.

2
Civil penalty charge notices (Councils, TFL and so on) / Re: Does this mean I cannot take it to tribunal?
« on: March 01, 2026, 12:14:41 pm »
They haven't offered the discount so your wife making an appeal is a no-brainer.

Just by way of clarification, as your wife is the V5C holder then isn't the resident's permit renewal at issue hers? I ask because your first post and argument are that you were renewing your permit.

3
Civil penalty charge notices (Councils, TFL and so on) / Re: Redbridge, Code 11u, Reads Close
« on: February 28, 2026, 06:09:10 pm »
No, I didn't have a booking. It was ad hoc. My car was parked some distance away. After paying around 4pm and asking the cashier about any nearby parking spots, I left my family at the restaurant to bring the car nearby. I left the shop within 20 minutes of starting the parking session at 16:31

I can't really follow this in order to help you put together the most compelling account. Who did you pay at 4pm, why were you parked some distance away and is the shop the Steakbox etc?

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Civil penalty charge notices (Councils, TFL and so on) / Re: Redbridge, Code 11u, Reads Close
« on: February 27, 2026, 11:55:27 am »
IMO, although a driver is allowed a reasonable period to pay, it is your burden to prove. It's possible that you might convince an adjudicator just with your assertions and credibility, but as I read your posts the objective evidence doesn't support this.

By the same token, it's initially the council's burden to prove the contravention and as I understand it there are numerous adjudication decisions which find that the grounds of 'without payment of the parking charge' cannot be sustained when the council's policy is:

On-street parking (Pay & Display)

You can park free for one hour in our on-street pay and display bays. 

The free session can only be used once per day. After the first hour, you can be charged per hour depending on your location.

You must have an active parking session with RingGo.

However, I don't think this position is universal and adjudicators can be fickle: IMO the credibility of your account could still be in play.

The council's evidence shows 2 RingGo entries from ****090. You say you finally registered by Using her [your wife's] phone, I successfully called the registration number and completed the free parking registration by approximately 4:31pm (see attached image) Is their and your evidence in conflict?

You also refer to  'I took a picture of my dashboard with the time and the pcn side-by-side', but these links have expired.


IMO, any formal reps should prioritise the conflict between the contravention description and the council's policy with the 'reasonable time' aspect secondary. IMO, you should also draw them on whether their case is that you had not parked for more than 1 hour but hadn't registered or whether you were parked for more than 1 hour and hadn't paid the appropriate tariff.

Did you have a booking at the restaurant or was your visit ad hoc?


5
Civil penalty charge notices (Councils, TFL and so on) / Re: Barnet Council - Winnington Rd - Code 01 - Parked in a restricted street during prescribed hours
« on: February 26, 2026, 12:14:33 pm »
I get very annoyed when councils misuse their power in this way.

I would write to the head of parking services.

PCN ******

Than you for your Notice of Rejection dated *** in respect of my representations which you acknowledge were made on 17 December.

The elapsed period in this case is 58 days and therefore the council has no power to serve a NOR because the following applies:

If an enforcement authority fails to comply with the requirements specified in paragraph (4) within the 56-day period, it—

(a)is to be deemed to have accepted the representations and to have served a decision notice to that effect, and

(b)must refund any sums that the person to whom the vehicle was released was required to pay under regulation 15 of the 2022 General Regulations.

However, you have not served notice that you accept my representations but instead are pursuing a penalty unlawfully and placing the burden of rectifying your error on me.

If you do not cancel the PCN then you leave me no choice other than to register an appeal and apply for costs.

But don't miss the deadline for making an appeal.

6
Civil penalty charge notices (Councils, TFL and so on) / Re: Haringey Council - 12(r) parking without permit
« on: February 26, 2026, 12:01:25 pm »
Historically, a written appeal to adjudicator stage went my way when the adjudicator referenced lack of evidence of vehicle and signage of contravention, in one photo for evidence.

Not in this case, IMO.

The grounds of contravention include the location as 'o/s 27'.

The sign in the photo is o/s 27/29.

GSV pinpoints the location perfectly even without the added info in the grounds.

As posted by others, photos aren't required and IMO given the standard of proof required(balance of probabilities) and the overwhelming evidence of GSV and the photos, which pinpoint the location of the sign as being immediately adjacent to your car, albeit slightly to the rear, I would not risk anything on persuading an adjudicator on this defence.

7
Civil penalty charge notices (Councils, TFL and so on) / Re: Haringey Council - 12(r) parking without permit
« on: February 25, 2026, 09:45:11 am »
As I understand it, the statutory defence is 'contravention did not occur' based upon a provision within the traffic order which designates and regulates the parking place that the requirement to pay/display a permit is excepted if the driver was parked due to circumstances beyond their control.

What constitutes sufficient proof for the council and potentially an adjudicator is not set out, so I suggest you give us your/the driver's full account and whatever evidence you have in support. And the PCN pl.

The NTO is dated 9 Feb, therefore IMO you have until 10 March* to submit formal reps.

* this is an edited post as stamfordman pointed out that I got my months mixed up!)

8
Civil penalty charge notices (Councils, TFL and so on) / Re: Westminster - Rupert Street [G1] - 02 - Parked or loading / unloading in a restricted street
« on: February 24, 2026, 04:08:46 pm »
As said by others, if there isn't a yellow line and kerb blips within the parking bay then the contravention did not occur.

Have we seen a current photo of this bay and road markings?

9
The Flame Pit / Re: What is the legal/enforceable timing for the 10 minute grace period-10th minute or 11th minute?
« on: February 24, 2026, 11:09:36 am »
If you don't have a current PCN, should this not be in the Flame Pit?

In any event, this applies: https://www.legislation.gov.uk/uksi/2022/71/regulation/5

The end of a 'permitted parking period' may be indicated either by the display of a ticket, whether P&D or voucher or whatever, or virtually.

How this expiry time is shown is IMO the end of the permitted parking period.

If, say, this is 09.30 am then as the regs provide that 'no penalty charge may be imposed under paragraph (1) in relation to a parking contravention where—

(a)the vehicle is stationary in a designated parking place and is left beyond the permitted parking period, and

(b)the period for which it is left beyond the permitted parking period does not exceed 10 minutes.'

then IMO the embargoed period is the expiry time, however expressed, plus a full 10 minutes e.g. an expiry time of 9.30 would prevent a PCN from being served until 9.41.

10
Civil penalty charge notices (Councils, TFL and so on) / Re: parking fine
« on: February 23, 2026, 10:54:04 am »
If you were parked during operational hours on the SYL in your GSV link then as this applies for all days I cannot see a defence at present.

The fact that you were driving a 'works van' complicates matters. As any informal challenge would in all likelihood be rejected, then a NTO would be served on the registered keeper who, as I read it, is not you.

What is your employers practice as regards penalty charges incurred by employees during their employment?

11
Civil penalty charge notices (Councils, TFL and so on) / Re: Newham council appeal rejected - Disabled bay - Stratford Broadway
« on: February 22, 2026, 12:44:01 pm »
I suggest drafting formal reps once the NTO is served.

12
Civil penalty charge notices (Councils, TFL and so on) / Re: Hillingdon, code 01 parked in a restricted street, Tavistock Road, West Drayton
« on: February 21, 2026, 06:29:05 pm »
I would send.

If they undertake to re-offer the discount, this normally applies to the 14-day period which commences on the date of the contravention. In this case (PCN dated 10 Feb) it would end on MONDAY 23rd.

13
Civil penalty charge notices (Councils, TFL and so on) / Re: Barnet Council - Winnington Rd - Code 01 - Parked in a restricted street during prescribed hours
« on: February 21, 2026, 06:24:02 pm »
For me only question at this stage is how you submitted your reps which you say were made on 17 Dec.

This is a parking contravention subject to the TMA and regs which provide that if an authority do not SERVE notice of their rejection within the 56-day period they are deemed to have accepted them.

NOR dated 10 Feb, therefore deemed served 12 Feb.

If you submitted your reps online or by email on 17th Dec, then the elapsed period is 15+31+12=58 days.


14
Civil penalty charge notices (Councils, TFL and so on) / Re: Bromley PCN 21- Parking in a suspended bay Wendover Road
« on: February 21, 2026, 02:05:28 pm »
From the council's website:

When we receive your appeal, it will be logged as a challenge or formal representation (depending on how the penalty was issued and/or how far it has progressed). We will ensure that the case does not progress further and then write to you in due course to let you know the outcome and how much money is due, if any.

So, they will write and will freeze its progression until their reply is served.

15
Civil penalty charge notices (Councils, TFL and so on) / Re: Barking & Dagenham - Code 62 - Parked on footpath - Greenside
« on: February 21, 2026, 10:30:49 am »
Let's see what they say.

Your photos don't show the location in its surroundings, just the location.

It's risky using dated GSV.

As regards GSV, this shows:

A 24/7 free parking bay where waiting is not permitted Mon-Sat!
Cars parking on marked footways without lawful authority as regards mandatory traffic signs.

What a dog's breakfast.

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