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Parked partly on pavement with single yellow line, PCN issued - need advice!!
CupofCoffee0110
post Tue, 5 Feb 2019 - 13:10
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Hi

I am hoping somebody can help me with a PCN I received for "62 - parked with one or more wheels on or over a footpath or any part of a road other than a carriageway".


I have attached pictures of my car, how other cars are parked, the PCN and the signage. There are no pictures of the contravention on the Barnet Council website.


It was parked there on a Sunday when the parking restrictions do not apply. My car was half on and half off the kerb, the kerb was not dropped and I was not blocking the footpath or the driveway.


All the cars on that road have to park half on and half off the pavement as it is a tight road. There are usually bays but if not, you can park on any single yellow line on Sundays. I had to park this way to allow cars access on the road. There is no signage saying to park within the bays. The only signage is the one in the picture I have attached to this thread.


I was the only one who received a ticket out of all of the cars there. I feel I got the 62 instead of "parked outside of marked bays" one as it is more expensive, but I could be wrong.


How do I appeal this one?


Any help would be appreciated biggrin.gif


Thanks a bunch

Hana

**Update as at 4:30pm - I have now managed to see pictures on the Barnet Council website showing my car and the alleged contravention.** The entire street was half on and half off the pavement as the road only has space for 1 car. Honestly if I didn't do this, it would cause an obstruction in the road. I didn't cause any obstruction whatsoever.

This post has been edited by CupofCoffee0110: Tue, 5 Feb 2019 - 16:59
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CupofCoffee0110
post Thu, 18 Apr 2019 - 00:18
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Hi

I finally received my NTO. I have been on holiday but I am going away again soon so I would like to see what I can do. I will post the contents up for you tomorrow morning.

Many thanks

Hana

QUOTE (cp8759 @ Wed, 27 Feb 2019 - 23:52) *
QUOTE (CupofCoffee0110 @ Wed, 27 Feb 2019 - 15:47) *
Excellent. Thanks so much for posting this. When the NTO comes and I have to appeal to the Adjudicator, could I please use your help? You have been great.

When the NtO comes you make a formal representation to the council. If they reject, only at that point you can appeal to the adjudicator. Post the NtO when it arrives and we'll take it from there.


Hi

Just in case you didn't get a notification for my previous post, I will send through the contents of the NTO in the morning.

Kind regards

Hana
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CupofCoffee0110
post Thu, 18 Apr 2019 - 17:27
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QUOTE (cp8759 @ Wed, 27 Feb 2019 - 23:52) *
QUOTE (CupofCoffee0110 @ Wed, 27 Feb 2019 - 15:47) *
Excellent. Thanks so much for posting this. When the NTO comes and I have to appeal to the Adjudicator, could I please use your help? You have been great.

When the NtO comes you make a formal representation to the council. If they reject, only at that point you can appeal to the adjudicator. Post the NtO when it arrives and we'll take it from there.


Hi

I've finally managed to get this uploaded, which is here: https://ibb.co/tDSFQM2 (you can copy and paste this in your browser) NTO - contents

How do I make a NtO from here? Shall I repeat what I wrote earlier in this thread? I'm not sure what else I need to prove. I have pictures of my vehicle, there is no signage saying it must be within the bays, and other cars can park partly on the pavement. I was not causing an obstruction either.

Many thanks

Hana
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cp8759
post Fri, 19 Apr 2019 - 20:07
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You don't really have much to go on other than to repeat your previous representations.


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cp8759
post Sat, 20 Apr 2019 - 15:12
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Send this, preserve all bold and italics formatting as I have used it below:

--------------

Dear Sir or Madam,

I challenge liability for the PCN on the following grounds.

Ground 1: The alleged contravention did not occur:

The footway parking ban has been dis-applied by the council along much of Old Rectory Gardens; I explained in my informal representation that, if my representation was rejected, the council should provide a copy of the relevant resolution. Without sight of the resolution, it is impossible to say whether the footway parking ban had or hadn't been lifted from the section of Old Rectory Gardens where I was parked. I put you to strict proof in this regard because without sight of the resolution, the tribunal could not be satisfied that the alleged contravention has in fact occurred.

I refer you in particular to Daniel Gentry v London Borough of Redbridge (case reference 2160356237):

"...what is conspicuously lacking in the evidence before me is any resolution by the Authority which puts those changes (between existing and proposed exemptions) into effect.

Without that evidence, which Mr Gentry has clearly and repeatedly requested, I cannot be satisfied that the point in Fairway Gardens where he parked was not in fact, despite the positioning of the signs, still not subject to a footway parking exemption. Consequently I cannot be satisfied that the contravention alleged occurred.

I must therefore allow this appeal.
"

Ground 2: There has been a procedural impropriety on the part of the enforcement authority:

The Civil Enforcement of Parking Contraventions (England) General Regulations 2007 provide at regulation 19(1)(f) and (g) that:

(f) that the penalty charge, if not already paid, must be paid within “the payment period” as defined by regulation 3(3)(a) of the Representations and Appeals Regulations;
(g) that if, after the payment period has expired, no representations have been made under regulation 4 of the Representations and Appeals Regulations and the penalty charge has not been paid, the enforcement authority may increase the penalty charge by the applicable surcharge


The payment period is defined as follows in regulation 3(3)(a) of The Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007:

(3) A notice to owner served under regulation 19 of the General Regulations must, in addition to the matters required to be included in it under that regulation, include the following information—

(a) that representations on the basis specified in regulation 4 against payment of the penalty charge may be made to the enforcement authority, but that any representations made outside the period of 28 days beginning with the date on which the notice is served (“the payment period”) may be disregarded;


It is therefore clear that the payment period is the period of 28 days beginning with the date of service of the notice, this will normally be two working days after the date of issue. However the Notice to Owner served by the enforcement authority asserts that:

"If the Penalty Charge is not paid before the end of the 28 day period beginning with the date of this notice, the Council may increase the penalty by 50% to £165 and a Charge Certificate may be served seeking payment of the increased charge"

The Notice to Owner therefore wrongly states the 28 day period commences with the date of the Notice of Rejection, rather than the date of service. This has the effect of cutting short the amount of time the recipient has to pay or appeal by at least two working days. This is a clear procedural impropriety which means that, even if the alleged contravention occurred, nonetheless the penalty charge must be cancelled.

This post has been edited by cp8759: Sat, 20 Apr 2019 - 15:13


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CupofCoffee0110
post Thu, 2 May 2019 - 10:17
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QUOTE (cp8759 @ Sat, 20 Apr 2019 - 16:12) *
Send this, preserve all bold and italics formatting as I have used it below:

--------------

Dear Sir or Madam,

I challenge liability for the PCN on the following grounds.

Ground 1: The alleged contravention did not occur:

The footway parking ban has been dis-applied by the council along much of Old Rectory Gardens; I explained in my informal representation that, if my representation was rejected, the council should provide a copy of the relevant resolution. Without sight of the resolution, it is impossible to say whether the footway parking ban had or hadn't been lifted from the section of Old Rectory Gardens where I was parked. I put you to strict proof in this regard because without sight of the resolution, the tribunal could not be satisfied that the alleged contravention has in fact occurred.

I refer you in particular to Daniel Gentry v London Borough of Redbridge (case reference 2160356237):

"...what is conspicuously lacking in the evidence before me is any resolution by the Authority which puts those changes (between existing and proposed exemptions) into effect.

Without that evidence, which Mr Gentry has clearly and repeatedly requested, I cannot be satisfied that the point in Fairway Gardens where he parked was not in fact, despite the positioning of the signs, still not subject to a footway parking exemption. Consequently I cannot be satisfied that the contravention alleged occurred.

I must therefore allow this appeal.
"

Ground 2: There has been a procedural impropriety on the part of the enforcement authority:

The Civil Enforcement of Parking Contraventions (England) General Regulations 2007 provide at regulation 19(1)(f) and (g) that:

(f) that the penalty charge, if not already paid, must be paid within “the payment period” as defined by regulation 3(3)(a) of the Representations and Appeals Regulations;
(g) that if, after the payment period has expired, no representations have been made under regulation 4 of the Representations and Appeals Regulations and the penalty charge has not been paid, the enforcement authority may increase the penalty charge by the applicable surcharge


The payment period is defined as follows in regulation 3(3)(a) of The Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007:

(3) A notice to owner served under regulation 19 of the General Regulations must, in addition to the matters required to be included in it under that regulation, include the following information—

(a) that representations on the basis specified in regulation 4 against payment of the penalty charge may be made to the enforcement authority, but that any representations made outside the period of 28 days beginning with the date on which the notice is served (“the payment period”) may be disregarded;


It is therefore clear that the payment period is the period of 28 days beginning with the date of service of the notice, this will normally be two working days after the date of issue. However the Notice to Owner served by the enforcement authority asserts that:

"If the Penalty Charge is not paid before the end of the 28 day period beginning with the date of this notice, the Council may increase the penalty by 50% to £165 and a Charge Certificate may be served seeking payment of the increased charge"

The Notice to Owner therefore wrongly states the 28 day period commences with the date of the Notice of Rejection, rather than the date of service. This has the effect of cutting short the amount of time the recipient has to pay or appeal by at least two working days. This is a clear procedural impropriety which means that, even if the alleged contravention occurred, nonetheless the penalty charge must be cancelled.


Hello

Thank you for the response, unfortunately I had sent my formal challenge before I saw this. I received a rejection again from the council attached here: PCN Challenge Rejection Letter

Is the next step now a formal appeal to the adjudicator? If so, how does it work? Can I use/add to the wording you helpfully provided above?

Many thanks

Hana

This post has been edited by CupofCoffee0110: Thu, 2 May 2019 - 10:21
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cp8759
post Sat, 4 May 2019 - 12:47
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Do not appeal without our help, there are various issues which I won't go into right now but suffice to say, you can win this one if you stick to our advice. In the first instance, show us the rest of the rejection letter. Also show us your formal representations.

This post has been edited by cp8759: Sat, 4 May 2019 - 12:47


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CupofCoffee0110
post Sat, 4 May 2019 - 18:57
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QUOTE (cp8759 @ Sat, 4 May 2019 - 13:47) *
Do not appeal without our help, there are various issues which I won't go into right now but suffice to say, you can win this one if you stick to our advice. In the first instance, show us the rest of the rejection letter. Also show us your formal representations.


Sure. The remainder of the rejection letter is here: PCN rejection page 2 and PCN Rejection page 3

I'm not confident with my formal representation. I sent the same pictures as the one earlier in this thread, including an extra picture found here - Signage . I understand I have until 9 May to send an appeal to the adjudicator. I was running out of time to appeal it and was going on holiday at the time so I sent the following to the council as part of the formal representation:

I make the following representation in relation to PCN AG33878869.

Although footway parking is banned throughout London, a highways authority has a power to lift the ban and permit footway parking. This has been done in Old Rectory Gardens by inference of the Council. The highways authority has provided parking bays along the length of Old Rectory Gardens which indicate that vehicles are permitted to park partially on the footpath; where the intention is that motorists may only park with two wheels on the footpath within marked bays. This is normally conveyed by signs conforming to diagram 667.1 in conjunction with the text "in marked bays". Direction 8 provides that this signage must be present where footway parking commences. There is no signage present which conforms to diagram 667.1 and reads “in marked bays” (please see attached images for signage information). All that is conveyed to motorists is that the footway parking ban has been lifted from Old Rectory Gardens and as a result, the alleged contravention did not occur. If you do not agree, please provide a copy of the resolution passed under section 15(4) of the Greater London Council (General Powers) Act 1974 showing the exact extent of the footway parking exemption and provide plans if there are any.

Furthermore, I was parked on the kerb, a strengthened area of footway and regular paving slabs which is evidenced in the Council’s photographs provided. The whole length of the road comprises a strengthened footway part of which is unrestricted and part restricted. The unrestricted parts have markings which span the carriageway and footway, apparently indicating areas where cars may park at all times with 2 wheels on the footway. Given the uniformity of footway construction, and as earlier stated that the highways authority has power to lift the footway parking ban, footway parking may be permitted on strengthened parts of the footway to allow cars to pass freely along without restriction. Old Rectory Gardens is a narrow road and cars are permitted to park part-way on the strengthened part of the footway for this reason, as evidenced in the attached photograph which shows other vehicles parked in exactly the same way (whether in marked bays or not). There has been no obstruction or contravention. If I did not park partly on the kerb, I would have caused an obstruction in the road as it is very narrow and only one car can pass at a time. There was no obstruction on the pavement as I did not obstruct any driveways, and there was a large walkway for pedestrians and wheelchair users to freely pass without danger. This is specified in the attached pictures which shows the level of space on the pavement next to my ar.There was a single yellow line where parking is permitted outside of restricted times and did not apply in this situation. All cars on this road park on the pavement which is evident in the attached pictures, and bays are specifically drawn partly on the pavement (as authorised by you as the council). If cars can park partly on the pavement, the signage must be clear to say that this means “within marked bays only”, otherwise the motorist will be led to believe it is possible to park on the pavement along the entire road. As cars can park partly on the pavement, this means that the council accepts an obstruction could not be caused, if it allows cars to park partly on the pavement. There is also no signage available to say that cars are not allowed to park on the pavement, or have specific restrictions which a motorist would expect to see under diagram 667.1. In fact, there is signage on the end of Old Rectory Gardens under diagram 667.2, which indicates the end of the area where vehicles can park partially on a footway (picture attached). If the Council see that this causes an obstruction, then it should restrict footway parking entirely, or make it absolutely clear that cars should park within specified marked bays.

If the Council argues that parking on the footway is only permissible within the marked areas, then they must produce evidence in the form of photos of the required traffic signs and a council resolution giving effect to the same. Absent these, then the Council's policy, if indeed it is a published policy as opposed to an ad hoc enforcement practice, cannot support the issuing of my PCN which must be cancelled. If the Council also argues I caused an obstruction, this must also be proved in the form of photos and/or required traffic signage.
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cp8759
post Sat, 4 May 2019 - 19:08
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Register the appeal on the tribunal website, and write "detailed grounds to follow" in the reasons box. The tribunal will email you a deadline for you to submit your appeal, let us know when you have the deadline and I'll draft your appeal for you. Do not go it alone.


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CupofCoffee0110
post Sat, 4 May 2019 - 19:59
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QUOTE (cp8759 @ Sat, 4 May 2019 - 20:08) *
Register the appeal on the tribunal website, and write "detailed grounds to follow" in the reasons box. The tribunal will email you a deadline for you to submit your appeal, let us know when you have the deadline and I'll draft your appeal for you. Do not go it alone.


I'm part-way through the tribunal website registration form, but it won't allow me to continue with the answer as "detailed grounds to follow". I have to select one or more out of the following only:

Statutory Declaration\Witness Statement
The civil enforcement officer was not prevented by some person from fixing the Penalty Charge Notice to the vehicle or handing it to the person in charge of the vehicle.
The contravention did not occur
The penalty charge exceeded the amount applicable in the circumstances of the case
The penalty charge has already been paid
The traffic order allegedly contravened is invalid
The vehicle was parked by someone in control of it without the owner's consent
There has been a procedural impropriety on the part of the Enforcement Authority
You are a hire firm and have supplied a valid hire agreement
You were not the owner of the vehicle at the relevant time

___________

I tried selecting a couple of options to see what would happen but it takes me to a "further information relating to appeal" section and then just takes me to the part where I submit it. I don't wish to submit as I am not sure if I can add anything further after this. I've checked the rejection letter again and it says I have 28 days from and including 26 April to appeal. I make this to be 24 May.

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cp8759
post Sat, 4 May 2019 - 20:11
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Select The contravention did not occur and There has been a procedural impropriety on the part of the Enforcement Authority. Once you've submitted the appeal you are able to add as much further information as you like, we advise to use "detailed grounds to follow" because often the council doesn't bother contesting the appeal, meaning you win automatically. It also means that if the council do contest, we get to see their case summary before writing the appeal, which gives us an obvious advantage.

If you have a look on other threads you'll see this is a tactic we employ all the time, it is quite routine.


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CupofCoffee0110
post Sat, 4 May 2019 - 21:09
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QUOTE (cp8759 @ Sat, 4 May 2019 - 21:11) *
Select The contravention did not occur and There has been a procedural impropriety on the part of the Enforcement Authority. Once you've submitted the appeal you are able to add as much further information as you like, we advise to use "detailed grounds to follow" because often the council doesn't bother contesting the appeal, meaning you win automatically. It also means that if the council do contest, we get to see their case summary before writing the appeal, which gives us an obvious advantage.

If you have a look on other threads you'll see this is a tactic we employ all the time, it is quite routine.



Noted. I've submitted it now but will receive a confirmation email over the next few days regarding my scheduled hearing date, so I will keep you posted.

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CupofCoffee0110
post Thu, 9 May 2019 - 17:42
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QUOTE (cp8759 @ Sat, 4 May 2019 - 21:11) *
Select The contravention did not occur and There has been a procedural impropriety on the part of the Enforcement Authority. Once you've submitted the appeal you are able to add as much further information as you like, we advise to use "detailed grounds to follow" because often the council doesn't bother contesting the appeal, meaning you win automatically. It also means that if the council do contest, we get to see their case summary before writing the appeal, which gives us an obvious advantage.

If you have a look on other threads you'll see this is a tactic we employ all the time, it is quite routine.



I haven't received a formal email to confirm yet, but I checked online using the "Track my Appeal" section and it shows a scheduled hearing date of 4 June 2019. I hope this helps.
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cp8759
post Thu, 9 May 2019 - 17:45
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QUOTE (CupofCoffee0110 @ Thu, 9 May 2019 - 18:42) *
QUOTE (cp8759 @ Sat, 4 May 2019 - 21:11) *
Select The contravention did not occur and There has been a procedural impropriety on the part of the Enforcement Authority. Once you've submitted the appeal you are able to add as much further information as you like, we advise to use "detailed grounds to follow" because often the council doesn't bother contesting the appeal, meaning you win automatically. It also means that if the council do contest, we get to see their case summary before writing the appeal, which gives us an obvious advantage.

If you have a look on other threads you'll see this is a tactic we employ all the time, it is quite routine.



I haven't received a formal email to confirm yet, but I checked online using the "Track my Appeal" section and it shows a scheduled hearing date of 4 June 2019. I hope this helps.

You might just want to drop the tribunal an email and ask them to confirm what the deadline is for you to submit your evidence.


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CupofCoffee0110
post Fri, 10 May 2019 - 13:34
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QUOTE (cp8759 @ Thu, 9 May 2019 - 18:45) *
QUOTE (CupofCoffee0110 @ Thu, 9 May 2019 - 18:42) *
QUOTE (cp8759 @ Sat, 4 May 2019 - 21:11) *
Select The contravention did not occur and There has been a procedural impropriety on the part of the Enforcement Authority. Once you've submitted the appeal you are able to add as much further information as you like, we advise to use "detailed grounds to follow" because often the council doesn't bother contesting the appeal, meaning you win automatically. It also means that if the council do contest, we get to see their case summary before writing the appeal, which gives us an obvious advantage.

If you have a look on other threads you'll see this is a tactic we employ all the time, it is quite routine.



I haven't received a formal email to confirm yet, but I checked online using the "Track my Appeal" section and it shows a scheduled hearing date of 4 June 2019. I hope this helps.

You might just want to drop the tribunal an email and ask them to confirm what the deadline is for you to submit your evidence.



Already done, thanks for the heads up biggrin.gif

Will keep you posted.
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CupofCoffee0110
post Tue, 14 May 2019 - 10:01
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QUOTE (cp8759 @ Thu, 9 May 2019 - 18:45) *
QUOTE (CupofCoffee0110 @ Thu, 9 May 2019 - 18:42) *
QUOTE (cp8759 @ Sat, 4 May 2019 - 21:11) *
Select The contravention did not occur and There has been a procedural impropriety on the part of the Enforcement Authority. Once you've submitted the appeal you are able to add as much further information as you like, we advise to use "detailed grounds to follow" because often the council doesn't bother contesting the appeal, meaning you win automatically. It also means that if the council do contest, we get to see their case summary before writing the appeal, which gives us an obvious advantage.

If you have a look on other threads you'll see this is a tactic we employ all the time, it is quite routine.



I haven't received a formal email to confirm yet, but I checked online using the "Track my Appeal" section and it shows a scheduled hearing date of 4 June 2019. I hope this helps.

You might just want to drop the tribunal an email and ask them to confirm what the deadline is for you to submit your evidence.



Hi

I received a letter from them today. The deadline to have evidence submitted to them is 20 June 2019.

Let me know if you need anything further from me.

Hana
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cp8759
post Wed, 15 May 2019 - 20:52
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That date seems a bit too far in the future to me, considering your hearing date is the 4th your deadline to submit further evidence cannot be the 20th. I would call up the tribunal and ask them to confirm what's what.


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CupofCoffee0110
post Sun, 19 May 2019 - 10:29
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QUOTE (cp8759 @ Wed, 15 May 2019 - 21:52) *
That date seems a bit too far in the future to me, considering your hearing date is the 4th your deadline to submit further evidence cannot be the 20th. I would call up the tribunal and ask them to confirm what's what.



I double checked and the hearing has been pushed back to 25th June. This is because they want my dad to sign the consent form to confirm he authorises me to make the representation (as he is the legal owner). So the last date to have the evidence submitted for 20 June seems about correct. They confirmed the dates in a letter that was sent to me. Shall I post it up on here?
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cp8759
post Sun, 19 May 2019 - 19:20
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No need to show us the letter, just bump this thread around the 10th June and I'll type up the appeal for you. Don't forget, because I'm not in a position to remind you.

This post has been edited by cp8759: Sun, 19 May 2019 - 19:21


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CupofCoffee0110
post Mon, 20 May 2019 - 21:12
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QUOTE (cp8759 @ Sun, 19 May 2019 - 20:20) *
No need to show us the letter, just bump this thread around the 10th June and I'll type up the appeal for you. Don't forget, because I'm not in a position to remind you.


Okie doke, I'll put it in my diary now.
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cp8759
post Wed, 22 May 2019 - 20:49
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Note for myself: There is no resolution, the council relies on a TMO.


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