PePiPoo Helping the motorist get justice

Welcome Guest ( Log In | Register )

Contravention Code 62
spring2action
post Mon, 11 Mar 2019 - 18:28
Post #1


Member


Group: Members
Posts: 203
Joined: 6 May 2010
Member No.: 37,351



Hello fellow forumites
Received a PCN with code 62, same as DaveWarren10 a week ago. Any further suggestions to add to those already given would be welcome.
I attach the 4 photos taken by the CEO.

Attached Image

Attached Image

Attached Image

Attached Image
Go to the top of the page
 
+Quote Post
2 Pages V  < 1 2  
Start new topic
Replies (20 - 29)
Advertisement
post Mon, 11 Mar 2019 - 18:28
Post #


Advertise here!









Go to the top of the page
 
Quote Post
cp8759
post Wed, 13 Mar 2019 - 21:03
Post #21


Member


Group: Members
Posts: 10,533
Joined: 3 Dec 2010
Member No.: 42,618



QUOTE (spring2action @ Wed, 13 Mar 2019 - 20:47) *
So not looking hopeful for a winning appeal..?

There's no guaranteed victory but it's worth trying if you can get a few local residents to give you witness statements.


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
Go to the top of the page
 
+Quote Post
spring2action
post Wed, 13 Mar 2019 - 21:03
Post #22


Member


Group: Members
Posts: 203
Joined: 6 May 2010
Member No.: 37,351



Thanks for digging out Google street views cp8759.
Would you gamble to adjucation given the streetview's examples? I've been parking there for 17 years and this is the first time I personally have received a PCN here.
Go to the top of the page
 
+Quote Post
cp8759
post Wed, 13 Mar 2019 - 21:10
Post #23


Member


Group: Members
Posts: 10,533
Joined: 3 Dec 2010
Member No.: 42,618



QUOTE (spring2action @ Wed, 13 Mar 2019 - 21:03) *
Thanks for digging out Google street views cp8759.
Would you gamble to adjucation given the streetview's examples? I've been parking there for 17 years and this is the first time I personally have received a PCN here.

I have no idea. Go outside now, can you get a timestamped photo confirming there's a bunch of cars parked like that? And can you get two or three neighbours to give you a witness statement saying people have parked like this for years? Then sure, I'd take it all the way.

Whether you can get this supporting evidence is a question only you can answer.


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
Go to the top of the page
 
+Quote Post
spring2action
post Fri, 15 Mar 2019 - 09:04
Post #24


Member


Group: Members
Posts: 203
Joined: 6 May 2010
Member No.: 37,351



And should I respond to the council's PCN before the 14 days, which is tomorrow? With the estoppel argument?
Go to the top of the page
 
+Quote Post
cp8759
post Fri, 15 Mar 2019 - 13:32
Post #25


Member


Group: Members
Posts: 10,533
Joined: 3 Dec 2010
Member No.: 42,618



QUOTE (spring2action @ Fri, 15 Mar 2019 - 09:04) *
And should I respond to the council's PCN before the 14 days, which is tomorrow? With the estoppel argument?

Ideally yes, have you got any of your neighbours to give you a witness statement saying people normally park like this?


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
Go to the top of the page
 
+Quote Post
spring2action
post Fri, 15 Mar 2019 - 20:59
Post #26


Member


Group: Members
Posts: 203
Joined: 6 May 2010
Member No.: 37,351



Not yet as not been well..
Go to the top of the page
 
+Quote Post
DastardlyDick
post Fri, 15 Mar 2019 - 21:23
Post #27


Member


Group: Members
Posts: 1,763
Joined: 12 May 2012
Member No.: 54,871



QUOTE (spring2action @ Fri, 15 Mar 2019 - 20:59) *
Not yet as not been well..

Send in the reps anyway, if they reject they'll re-offer the discount, which will give you another 14 days to get your evidence together for the formal appeal and Adjudication.
Go to the top of the page
 
+Quote Post
spring2action
post Fri, 15 Mar 2019 - 22:11
Post #28


Member


Group: Members
Posts: 203
Joined: 6 May 2010
Member No.: 37,351



Just did it. Thanks DD :-)
Go to the top of the page
 
+Quote Post
spring2action
post Fri, 22 Mar 2019 - 16:04
Post #29


Member


Group: Members
Posts: 203
Joined: 6 May 2010
Member No.: 37,351



Hello again
Today I received a Notice of Decline of Challenge from LB Ealing in the post. Just to note, letter dated 20 March, received 22 March, states I can pay at the discounted rate of £55 within 14 days of the date of the letter. So already lost 2 days, so effectively 12 days to pay.
Please see the letter front and back below.
Your comments/advice is very welcome.
Sorry about quality of copy on second page.

https://imgur.com/a/I2X9evk

This was my challenge:
I'm writing with regard to the PCN received on 02/03/2019. I wish to appeal the alleged contravention on the following grounds. Legitimate Expectation That Saturday morning, there were many cars parked in a similar manner to myself, and I have parked in a similar manner on many occasions on the same road having lived there for more than 17 years. For this reason, I believe I had legitimate expectation that a PCN would not be issued.  Trivial Nature Of Contravention As can be seen from the council’s evidence provided, only a small portion of my wheels were on the kerbstone. I believe this contravention code to be designed to prevent the blocking of the footpath, which I have clearly not done.  I believe the contravention to be of such a trivial nature, that it should not be upheld.  Breach Of Civil Enforcement Officer’s Guidelines Section 8 c) of the Civil Enforcement Officers Handbook states the following: Similar to the vehicle overhang case in a) above, if a vehicle is parked with at least one wheel situated wholly on the kerb/footway, then a PCN should be issued. Evidence (especially photographic) proving the contravention should be recorded.  The evidence clearly shows that only a portion of the wheel was waiting on the kerbstone, in direct contradiction to the issued guidelines. I believe this again would support my claim that the contravention is of such a trivial nature that it should not have been issued. For these reasons, I believe the only course of action is for this appeal to be upheld and for the PCN to be cancelled. Service Information: I can confirm that we have received your challenge, which will be attached onto the case.

This post has been edited by spring2action: Fri, 22 Mar 2019 - 16:28
Go to the top of the page
 
+Quote Post
cp8759
post Sat, 23 Mar 2019 - 18:38
Post #30


Member


Group: Members
Posts: 10,533
Joined: 3 Dec 2010
Member No.: 42,618



If you can get one or two residents on the street to back you up, I would carry on. They have no understanding of the concept of legitimate expectation.


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
Go to the top of the page
 
+Quote Post

2 Pages V  < 1 2
Reply to this topicStart new topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members:

 



Advertisement

Advertise here!

RSS Lo-Fi Version Time is now: Saturday, 25th May 2019 - 06:15
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.