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Reading Parking Ticket, Parked without a permit
BenADI
post Sun, 3 Feb 2019 - 12:27
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My girlfriend and one of her friends parked on a road in Reading last night and misunderstood the sign and both received a ticket for parking without a permit. Both appear to be bang to rights but want to double check everything is correct before paying as I know Reading has a flaw on its bus lane PCNs and was wondering if parking PCNs have a flaw as well.

Many Thanks






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post Sun, 3 Feb 2019 - 12:27
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BenADI
post Fri, 3 May 2019 - 17:57
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Sent reps using cp8759's reply above and no surprise Reading rejected it and now with failure to consider. So off to tribunal. Also went to get pics of the sign went I was in Reading from the drivers perspective.











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cp8759
post Sat, 4 May 2019 - 17:27
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This is going to be fun, the failure to consider couldn't be more clear-cut. Put a draft of your appeal on here and we'll add the necessary legal bits for you. Jaffer Husseyin v Royal Borough of Greenwich (case reference 2170256432) http://bit.ly/2U7F27s is a good case to quote.


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If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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BenADI
post Mon, 6 May 2019 - 19:46
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QUOTE (cp8759 @ Sat, 4 May 2019 - 18:27) *
This is going to be fun, the failure to consider couldn't be more clear-cut. Put a draft of your appeal on here and we'll add the necessary legal bits for you. Jaffer Husseyin v Royal Borough of Greenwich (case reference 2170256432) http://bit.ly/2U7F27s is a good case to quote.

This is what I sent the other day to TPT

Grounds of Appeal:
The alleged parking contravention did not occur.

The authority made a procedural error.

Explanation:

Ground 1: The alleged contravention did not occur:
As the attached photos demonstrate, the signs appear to have been partially obscured, in particular the text "Permit holders N1/05R" is significantly less visible than the remaining text on the restriction place. This creates confusion as it is not clear whether the council intended to obscure this text, or whether the text had been previously obscured but has since been reinstated. The requirement under regulation 18 of The Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996 it to install signage "for securing that adequate information as to the effect of the order is made available to persons using the road", the ambiguous signage used by the council in this instance cannot comply with this requirement.

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

Regulation 19(2) of The Civil Enforcement of Parking Contraventions (England) General Regulations 2007 provides that (my emphasis):

(2) A notice to owner served under paragraph (1) must, in addition to the matters required to be included in it under regulation 3(3) of the Representations and Appeals Regulations, state—
...
(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

Therefore Parliament has mandated that a penalty charge notice under the regulations must state that the enforcement authority may increase the penalty charge. While I accept the wording of the regulation does not need to be followed verbatim, the PCN, when read as a whole, must convey the meaning intended by Parliament.

The Notice To Owner issued by the council in this instance asserts that:

If full payment has not been received or you have not made Representations to the Council within the time allowed, the Penalty Charge will increase by 50%, thereby increasing the amount outstanding to £105 and a charge certificate will be served on you.

The fact that the charge will increase to £105 is therefore unequivocal and for all practical purposes a foregone conclusion.

It has long been held that where Parliament has given a public authority a discretionary power, that power may not be fettered

Ground 3: There has been a procedural impropriety on the part of the enforcement authority:

When I submitted my representation to Reading Borough Council I submitted what Is in Ground 2 above. On my Notice Of Rejection the council has made no acknowledgement to my appeal regarding this matter.

This would be considered as a failure to consider my appeal as no mention was made in the Notice of Rejection.
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cp8759
post Mon, 6 May 2019 - 20:09
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Appealing to the tribunal without our input is not ideal. Have a read of ground 2 from this draft http://bit.ly/2UAYHgi to get an idea of what we would normally use for a case like this.

The problem we have with the Traffic Penalty Tribunal is that, unlike the London Tribunals, they've not always been so keen on the whole will / may argument, so it needs to be padded out. You should still be in time to make further submissions so nothing is lost (yet). I suggest you edit the draft I've linked to above and post up an updated draft.


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BenADI
post Mon, 6 May 2019 - 20:24
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QUOTE (cp8759 @ Mon, 6 May 2019 - 21:09) *
Appealing to the tribunal without our input is not ideal. Have a read of ground 2 from this draft http://bit.ly/2UAYHgi to get an idea of what we would normally use for a case like this.

The problem we have with the Traffic Penalty Tribunal is that, unlike the London Tribunals, they've not always been so keen on the whole will / may argument, so it needs to be padded out. You should still be in time to make further submissions so nothing is lost (yet). I suggest you edit the draft I've linked to above and post up an updated draft.


how do you edit the summery on TPT website?
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cp8759
post Mon, 6 May 2019 - 20:31
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QUOTE (BenADI @ Mon, 6 May 2019 - 21:24) *
QUOTE (cp8759 @ Mon, 6 May 2019 - 21:09) *
Appealing to the tribunal without our input is not ideal. Have a read of ground 2 from this draft http://bit.ly/2UAYHgi to get an idea of what we would normally use for a case like this.

The problem we have with the Traffic Penalty Tribunal is that, unlike the London Tribunals, they've not always been so keen on the whole will / may argument, so it needs to be padded out. You should still be in time to make further submissions so nothing is lost (yet). I suggest you edit the draft I've linked to above and post up an updated draft.


how do you edit the summery on TPT website?

I have no idea, maybe call them in the morning and ask?

As for your ground of appeal, you're better off providing that as a pdf document you just upload, as this preserves all the formatting information.


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BenADI
post Wed, 15 May 2019 - 14:23
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Good news, heard back from the traffic penalty Tribunal site That Reading Borough Council will not contest the appeal, they said they stand by that it was issued correctly but have exercise discretion on this occasion.

We all know what they really mean.

But thank you for the help regarding this matter.
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