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PCN when parked on grass next to the footpath
muhammad bhatti
post Fri, 16 Feb 2018 - 12:14
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Hi ,

I have received PNC on BROOKWOOD ROAD, Hounslow, London.


"Parked with one or more wheels on or over a footpath or any part of a road other than a carriageway"

My car was on a grass next to the footpath, as seen in pictures there was no sign of "NO Parking area" or anything.

No yellow line on the road, also my car tyre was not on the footpath.

No signs of parking in start of road as well.

Tickets observed from : 10:14 to 10:15.

I want to appeal against this , can someone please advise some tips on it.



I have attached copy of PNC and also the Car on location of PNC!


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post Fri, 16 Feb 2018 - 12:14
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muhammad bhatti
post Mon, 5 Mar 2018 - 17:10
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Yes, i do agree, thats the reason i am not having any reply from the council, i will wait another day or two and after that i will pay the ticket as end date is 10th of march for discount pay.


QUOTE (PASTMYBEST @ Wed, 28 Feb 2018 - 18:31) *
QUOTE (makara @ Wed, 28 Feb 2018 - 17:15) *
When they do reply, check to see if they have still "held" the original discounted amount - and paste exactly what they write on here again.

I find it odd they didn't even bother to acknowledge the point about the Flawed wording - but I suppose that's their problem, as you have now batted it back at them

- and I would suggest you keep pointing that point out (if they keep failing to acknowledge it) - EDIT - and hopefully as in my (friend's) case, Hounslow Council may get bored and give up.


It is a dangerous tactic to try and circumvent the statutory process. once the council issue a notice of rejection of representations the onus is on the Op to pay or appeal. the council do not have to respond.
If the Op does not follow process then it could end with bailiffs at the door.

It must be remembered that since the date of that decision, there have been high court cases that have ruled that substantial compliance is the test. That the wording of a PCN does not have to slavishly follow the regulation but must convey the meaning of the regulation when read as a whole

So that case is somewhat behind the current high court reasoning

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hcandersen
post Tue, 6 Mar 2018 - 13:06
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And the back of the PCN;
And your challenge;
And their reply.

OP, please, please, we need to see the docs themselves, not your take on them.

We don't ask this of OPs for our entertainment and we appreciate that it takes effort, but that's the process. We know what docs must contain, you don't; and we know what they must address, you don't.
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muhammad bhatti
post Wed, 7 Mar 2018 - 12:23
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Another response from hounslow council, look like if i will write them again they will cancel the discount offer as well, after this letter, i have paid them the discount amount, topic close :-(


Penalty Charge Notice: NJ26788737
Traffic Management Act 2004
Vehicle Registration Number: KM54HFY
Date of Contravention: 07/02/2018
Location: BROOKWOOD ROAD
Thank you for writing to us.
As was explained in our previous letter, we have considered what you say but we have
decided not to cancel your parking ticket.
The Traffic Management Act 2004 specifies the procedure for challenging a parking ticket.
As we have already dealt with your informal challenge we are not obliged to respond to
this further correspondence or offer the discounted amount again.
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