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Messages - cp8759

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1
@talltree54 firstly please shows us all pages of the NTO, your representation in full, and all pages of the notice of rejection (not the appeal form).

Second, have a read of Paul Bateman v Derbyshire County Council (DJ00037-2209, 10 November 2022), your PCN is affected by the same issue.

Realistically your original ground of appeal would not succeed because under the parking regulations it appears a contravention occurred, and the fact that the housing developer might have misled you or misrepresented the position does not affect that.

However the 0845 ground has a good chance, but if you show us all the paperwork we might find additional grounds.

2
@FaintPanda would you like to be represented at the tribunal? I'll drop you a PM in case you would prefer that.

3
You're welcome. Be thankful you don't live in London! £120 a pop down here.
No it's £130, unless it's TFL and then it's £160.

4
Not at the moment, but it's not due back till 1st May.

5
This is a relevant case you can refer to: Alan John Warren v London Borough of Redbridge (2220810525, 5 January 2023).

As the amount due is at £130 there's no reason to pay now, wait for the notice to owner and we'll draft a formal representation for you.

6
I was snapped driving in the bus lane at 18:59:24,  - which work out to be 36 seconds before the restrictions are lifted. It's either my car or their camera  not calibrated, could I Successfully appeal?
Undoubtedly, and for more reasons than you think. Please post up the PCN, bus lane PCNs are generally really easy to beat.

7
Yes Iím still here, awaiting the PCNís. I have managed to pay £10 of credit to my account to help my case and still unable to create an account
You need to contact Dart charge in writing asking them to apply the £10 credit to these crossings. It doesn't matter that they'll refuse, at the tribunal you want to be able to prove that you'd paid and they refused to apply that payment to your crossings.

8
@AverageJoe I posted two cases above around the suffix wording, have you read them?

In essence, one of the generic or code specific bits of suffix wording should have been used, see the "General suffixes" and "Permit contraventions (codes 01, 12, 16, 19 and 85) only" suffixed on page 4 here.

The fact that your sister is a police officer is irrelevant, she's hardly an expert witness and as I've explained, the test here is the balance of probabilities. Even if the envelope was left open, that doesn't make any difference.

So, are you going to show us the CCTV or are you going to go it alone?

9
Do you know the owner of the drive? The only way out of this would be a letter from the occupier confirming their consent for you to park there.

Alternatively, you'd have to use the strategy of last resort, but that would require you to have some mitigation you can advance.

10
@ghostivv are you still with us?

11
@BH1001 well it's an awful shame you've done a DIY appeal, as this could be won based on the wording of the notice of rejection, though I would add that I'd need to see the whole evidence pack to know for sure.

12
The most recent order on the TRO library is eight years old, the only reliable way to get hold of the current order is to request it, which I have done.

13
The bay appears to be marked correctly based on map tiles CL39 and CM39 and the map legend, this might be one for the strategy of last resort but you'd have to come up with some mitigation worth mentioning.

The traffic order is The Waltham Forest (Charged-For Parking Places) Order 2019.

14
I parked my hybrid car at a charging point, but the charging point was broken.
Did you get a photo, or do you have any other evidence of this?

Also, please show us both sides of the original PCN without any redactions, see the guidance on this here.

15
@belt well this could be fun, the Traffic Penalty Tribunal does allow proceedings to be conducted in Welsh so it should be possible to request a Welsh-speaking adjudicator.

Regulation 18 of The Local Authoritiesí Traffic Orders (Procedure) (England and Wales) Regulations 1996 obviously apply to Wales so I would argue the signage is inadequate.

However this would have to be taken to the tribunal as I doubt the council would concede its signage is inadequate.

Can we have the PCN number please? As per the guidance here, there's no point in hiding it.

In the meantime I'll get hold of the traffic order, the last time we looked at a bay such as this the traffic order turned out not to exist.

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