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Parked without a valid resident's permit
Jogs83
post Mon, 14 Sep 2020 - 21:22
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Hi All,

Back with another PCN, given to my dad after he was parked without a valid permit. His current one had expired on July 13th, with a PCN Code 19R given on 21st July.

The case has progressed to notice to owner as I was expecting the usaul "it is your responsibility" catch phrase they throw at you on informal appeal.


Here is the PCN https://imgur.com/VLTyKOS

Photos
https://imgur.com/Yr5vEr1
https://imgur.com/uvojhrI
https://imgur.com/yI5kVsN

Rejection of informal appeal
https://imgur.com/ajaiDR9

Notice to Owner
https://imgur.com/o4fvD89
https://imgur.com/JmeCBBm



Just some backround to the circumstance: My dad would usually be given a webcode to renew permit about a month before the expiry. This year, my dad called Tower Hamlets (after not recieving the webcode) in June and was informed new permits are currently not being issued due to Covid-19, and that the current permit even if expired would be valid.

But it appears they started enforcement again on July 1st, my dad and other resident permit holders were not informed what the new process for the application was. It turns out, you now have to go online and make a new application, submitting multiple ID documents.

My dad is 65 years old and does not have the skils or the knowledge to navigate the internet to find information on permits, and relies on the webcode which has been running for about 10 years. In the appeal letter, we stated that he called the council, and was informed to keep the permit displayed even if expired, and that no webcode was given this year - and no letter replacing the webcode to keep resident's updated with changes. (The information only existed on the internet page where you would actually make the application - which as I state my dad is not someone who is good online) - I find this a bone of contention.

Also, from looking at the councils enforcement handbook for previous tickets, there stated an observation time applies to this contravention, the PCN given was issued on the spot - if anyone has their enforcement handbook or has some advice around this would be gratefull?

The lines I am considering making reps are the following:

1 -If a change was made to the permit application system - why was this not communicated to permit holders?
2- The permit process change is given online, but if one does not know how to use the internet - they will not be able to find this information. Why did the council not replace the webcode with another letter giving new instructions? This would have been a sensible approach to take.
3- Observation period was not met.

Look forward to some feedback - thank you!

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post Mon, 14 Sep 2020 - 21:22
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cp8759
post Fri, 27 Nov 2020 - 11:34
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Go to https://londontribunals.org.uk/ and follow the link for "Create a new appeal", all the details you need are printed on the NoR (PIN is on 2nd page).

In the first instance just appeal with "full grounds to follow in due course", this is because in some 30-40% of cases the council doesn't contest the appeal so you can win without having to do anything else. If the council contests the appeal, they will upload a series of PDF files, if this happens download everything and put them in a dropbox or google drive folder so we can take a look.


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Jogs83
post Sat, 28 Nov 2020 - 00:18
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QUOTE (cp8759 @ Fri, 27 Nov 2020 - 11:34) *
Go to https://londontribunals.org.uk/ and follow the link for "Create a new appeal", all the details you need are printed on the NoR (PIN is on 2nd page).

In the first instance just appeal with "full grounds to follow in due course", this is because in some 30-40% of cases the council doesn't contest the appeal so you can win without having to do anything else. If the council contests the appeal, they will upload a series of PDF files, if this happens download everything and put them in a dropbox or google drive folder so we can take a look.


Ok I just been on there and on the question regarding legal representative - can I be this on brehalf of my father if he agrees? I believe in Tribunals this can normally be anyone i.e no need to be an actual solicitor?
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hcandersen
post Sat, 28 Nov 2020 - 09:15
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I wondered what happened to the Barnet case.

OP, your situation is not the same. In the quoted case there was hard objective evidence to support the new, relaxed, enforcement process. You do not have this. Yours is a mix and as I wrote earlier would, on this point, be determined by your father's credibility - you should opt for a phone hearing so that his evidence can be given personally.

But in advance you need to get additional evidence from the council.

Their NOR is pants because it misses the point you've made.

IMO the relevant events are:
In June your father, knowing that the permit was to expire in July but had not received a prompt by the council on this point - which had been their practice in the recent past - contacted the council by phone to enquire;
He was informed that due to the Covid emergency the council's resources had been redirected and that for res permit holders NO renewals were being processed NEITHER was enforcement being carried out where a previous permit was displayed;
As renewals were not being processed it was practically impossible to comply with the requirement to display a permit for reasons beyond the control of the permit holder.
Taking the council at their word, your father simply continued to park as normal;
He was brought up short on 21 July, some 8 days after the end date of his permit(13 July), as despite parking continuously between 13th and 20th WITHOUT ISSUE he was issued with a PCN on that date.
Despite not being notified by the council that enforcement had been resumed and that they were now renewing permits, your father, who despite being ** had enough wit about him to know that something was amiss, IMMEDIATELY got on line and renewed his permit.
The authority seek to draw the conclusion that the conjunction of the dates of the PCN and the renewed permit show that your father was, on the day of the contravention, trying to avoid holding and displaying a valid permit when in fact all he was doing was acting in accordance with the council's last instruction and when, by the council's action in issuing a PCN, he realised that they had changed their interim practice without adequate notice, he took the prudent step of getting online to find out why in order to regularise the situation.
This left him with a single PCN which he believed the council should and would cancel.
Their responses indicate no recognition on their part of any interim change in policy or that the persons who gave proper consideration to his representations had even checked as regards these assertions. However, the simple fact that he parked without issue between the 14th and 21st would suggest to the Man on the Clapham Omnibus that the appellant's account is more probably a correct version of events.
In any case, the council are put to proof regarding:
Issuing renewed resident's permits:
Did this continue as normal and without interruption between 1 March and 21 July?
If not, what changes were implemented;
Enforcement of Resident's Permit bays:
Did this continue as normal and without interruption between 1 March and 21 July?
If not, what changes were implemented.


Please do NOT simply register your appeal and say 'further details to follow', you need to get your points to the council now and require them to provide the above. If they don't prior to you having to submit your evidence, then request a postponement. (this might not be the consensus view).

And for good measure, the traffic signs in your photo are pants: you cannot have a waiting restriction for lorries etc. in effect at the same time as the bay is operating as a parking place. (they overlap between 6.30pm and 7pm). Not a major point, but it might indicate a flaw in their traffic order.
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Jogs83
post Mon, 30 Nov 2020 - 13:02
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Does anyone know if I can be the "legal representative"?


QUOTE (hcandersen @ Sat, 28 Nov 2020 - 09:15) *
I wondered what happened to the Barnet case.

OP, your situation is not the same. In the quoted case there was hard objective evidence to support the new, relaxed, enforcement process. You do not have this. Yours is a mix and as I wrote earlier would, on this point, be determined by your father's credibility - you should opt for a phone hearing so that his evidence can be given personally.

But in advance you need to get additional evidence from the council.


What is hard objective evidence? Since they did not actually send any letters to permit holders, would an article form the local papers count - https://www.eastlondonadvertiser.co.uk/news...laxed-1-6580558

On a side point - in the Barnet case given, the appellant could not have received an email or letter by post from the council as they were not a resident permit holder to begin with? But won the case on inconsistency by council anyway when they did not receive an email notifying them of resumption of enforcement. If I am honest, I am surprised the adjudicator has ruled in the appellants favour on that point.

In our case, the council have acknowledged the permit renewal system has changed - but insisted it is "indeed" the resident's responsibility to check the website for this information. Not theirs to directly communicate with us on, and that they had sent letters for renewals previously as a courtesy - which is bull.


QUOTE (hcandersen @ Sat, 28 Nov 2020 - 09:15) *
Please do NOT simply register your appeal and say 'further details to follow', you need to get your points to the council now and require them to provide the above. If they don't prior to you having to submit your evidence, then request a postponement. (this might not be the consensus view).


You suggest I challenge them form the start on whether permits were being renewed/ issued and if letter's were sent to residents notifying them of resumption of enforcement? On these points, it is well established that it was only residents who were allowed to park for "free" - see article link above. This would indicate the council were not issuing or renewing resident's permits and an interim measure was in place?
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hcandersen
post Mon, 30 Nov 2020 - 17:51
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Pl don't play Perry Mason(or should it be Paul Drake?). And don't state something as a fact which you do not know e.g. it is well established that it was only residents who were allowed to park for "free" . Says who?

You put the questions to the council instead of trawling through this or that publication which would only give a body of evidence selected by YOU.

Get them to provide the evidence instead and use this against them.

This post has been edited by hcandersen: Mon, 30 Nov 2020 - 17:52
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Jogs83
post Mon, 30 Nov 2020 - 18:16
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Fair enough. When writing, am I writing to the adjudicator or to the council?

Also, any idea if I can be the legal rep?
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hcandersen
post Mon, 30 Nov 2020 - 19:03
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The council.

Tell them you've registered your appeal - which they'd know anyway having been advised by the tribunal - and that as part of your evidence you require them to provide the following...

Issuing renewed resident's permits:
Did this continue as normal and without interruption between 1 March and 21 July?
If not, what changes were implemented;
Enforcement of Resident's Permit bays:
Did this continue as normal and without interruption between 1 March and 21 July?
If not, what changes were implemented.
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cp8759
post Tue, 1 Dec 2020 - 19:51
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QUOTE (Jogs83 @ Mon, 30 Nov 2020 - 18:16) *
Also, any idea if I can be the legal rep?

Anyone can act as a representative at the tribunal, a few of us on here do it all the time and none of us are solicitors.


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Jogs83
post Wed, 2 Dec 2020 - 23:18
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QUOTE (cp8759 @ Tue, 1 Dec 2020 - 19:51) *
QUOTE (Jogs83 @ Mon, 30 Nov 2020 - 18:16) *
Also, any idea if I can be the legal rep?

Anyone can act as a representative at the tribunal, a few of us on here do it all the time and none of us are solicitors.


Thanks- in that case I'll go ahead and put myself down.

I've emailed the council and they were surprisingly quick to reply. They've stated they were still issuing permits during this period, here is the transcript from email.


Hi,

I would like to enquire about the recent local parking enforcement, and more specifically around Covid-19. I'd be gratefull if you can answer the following questions:


1. Was enforcement of resident's bays ongoing and un-interrupted March through to July?

If not, what changes were made?

2. Were resident permits being renewed as normal uninterrupted March through to July?

If not, what changes were made?

3. How were any changes made between March-July to parking enforcement communicated to resident permit holders?


________________

They responded;

I am writing in response to your query received on 2 December 2020 regarding enforcement during the first lockdown during the pandemic.

You have asked the following questions and please see our respective answers underneath each question.

1. Was enforcement of resident's bays ongoing and un-interrupted March through to July?

If not, what changes were made?

From 23rd March 2020 to 1st June 2020, restrictions in resident parking bays ceased and no enforcement took place. From 1st July 2020 normal enforcement resumed.

2. Were resident permits being renewed as normal uninterrupted March through to July?

If not, what changes were made?

Yes.

3. How were any changes made between March-July to parking enforcement communicated to resident permit holders?

All information could be found on the Tower Hamlets website.

Yours sincerely


_______________________

I probed for clarification;


Hi,

Thank you for your reply. If you would accomodate a further query in respect of your answer to question 1;

Can you clarify if restrictions had ceased in the resident's bays for both residents and non-residents alike? Or for resident' only as stated in a local press article on March 26th?

Link given for your reference: https://www.eastlondonadvertiser.co.uk/news...laxed-1-6580558

Thank you once again for your time.




________________

They responded


Good afternoon,

I can advise that no enforcement of resident parking bays took place between 23rd March 2020 to 1st June 2020.

Yours faithfully,


My thoughts are that what they told my dad on the phone and the local press article link given appear consistant with one another. But if they are denying renewals and new permits were stopped then that point might be a dead end? Or should I ask if that was official policy or a decision made on discretion?

So it leaves the point regarding if they were within their rights/ acted responsibly when changing the renewal process only to provide the info on the website where a permit holder would actually apply, amd therefore miscommunicating to some residents.
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cp8759
post Thu, 3 Dec 2020 - 19:43
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QUOTE (Jogs83 @ Wed, 2 Dec 2020 - 23:18) *
But if they are denying renewals and new permits were stopped then that point might be a dead end? Or should I ask if that was official policy or a decision made on discretion?

If I were the adjudicator my question to you would be, why did you dad think permit renewals were not proceedings as normal. If the only evidence you have is your dad's testimony on a phone call, you'd want you dad to attend the hearing to give first-hand evidence.

QUOTE (Jogs83 @ Wed, 2 Dec 2020 - 23:18) *
So it leaves the point regarding if they were within their rights/ acted responsibly when changing the renewal process only to provide the info on the website where a permit holder would actually apply, amd therefore miscommunicating to some residents.

But that's still a strong point.


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Jogs83
post Sat, 5 Dec 2020 - 12:21
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QUOTE (cp8759 @ Thu, 3 Dec 2020 - 19:43) *
QUOTE (Jogs83 @ Wed, 2 Dec 2020 - 23:18) *
But if they are denying renewals and new permits were stopped then that point might be a dead end? Or should I ask if that was official policy or a decision made on discretion?

If I were the adjudicator my question to you would be, why did you dad think permit renewals were not proceedings as normal. If the only evidence you have is your dad's testimony on a phone call, you'd want you dad to attend the hearing to give first-hand evidence.


I think the article in the local press is also consistant with what he believed from the phone call, that residents would be allowed to park for free- indicating without a permit, so long as they were eligible for a permit by being a resident. The only question is would an adjudicator see the connection since the council would deny responsibilty of the content of the news article- though they do have a press and communications department.

I think our main line would be regarding the renewals process which they failed to advise, I've alse found on their website they say a renewal letter will be sent, screenshot here https://ibb.co/Ct0Lc6k though my dad was aware his permit is expiring/expired, he was advised he'll be notified by letter when to renew. This contradicts the councils assertion of rejection letter that they dont send letters anymore.

I'll draft an appeal and post it here tonight for feedback.
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cp8759
post Mon, 7 Dec 2020 - 09:46
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Let's see the article from the local press with your draft. Is your dad happy to take part in a telephone hearing?


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Jogs83
post Mon, 7 Dec 2020 - 22:38
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I wouldn't really want my dad doing any speaking, I worry he will ramble on and let emotions get the better of him. I am happy to just submit appeal online.

Here is my draft. I aint sure if I am to referring to my dad as "appellent", "the permit holder" or "father"?

Feedback appreciated...



I am appealing the PCN on the grounds that there has been a procedural impropriety?.

In previous years my father, like all residents permit holders had recieved a renewal letter which contained a webcode to access the councils portal and make payment to obtain a new permit. However, it appears this system has been changed, and the council have failed to adequetly communicate this change to resident permit holders. My father being aware that his permit was due to expire had contacted the council's helpline in June and was advised that currently there is no enforcement taking place and that residents will be able to conitnue parking without a valid permit, any PCN issued would be cancelled upon appeal with evidence of address.

This advice recieved is also consistant with an article in the local press dated 26th March 2020 - I have attached the article to my appeal here. https://www.eastlondonadvertiser.co.uk/news...laxed-1-6580558

Therefore my father believed he was ok parking with an expired permit, and was surprised to find a PCN had been issued on 21st July. There is no evidence that my father had made a deliberate attempt to avoid obtaining a permit which the council levy an annual charge for. In fact, the council are welll aware my father immedietly made arrangements to renew his permit, and challenge the PCN.

In the councils rejection letter, they state the following;

"I understand that you did not recieve a reminder letter for your Residents' Parking Permit, which resulted in you incurring a PCN for parking wihtout a valid permit. I must explain that whilst the used to send reminder letters to permit holders as a matter of courtesy, it ultimately remains the permit holders responsibility to renew their permit on time. "

This is factually incorrect. On my previous 2 appeals it was highlighted that my father was well aware his permit was due to expire, and called the council for advice. Therefore it was not a "reminder" letter he required, as the council falsely state.

It is also incorrect for the council to refer to the letter as a "reminder" that was sent only as a "courtesy". The letter which was historically sent contained a unique webcode which was required to acess the councils permit renewal portal. Therefore the letter was a mandotory part of the councils permit renewals process, since without it, a permit holder could not apply for a renewal. Therefore it is irresponsible for the council to refer to it as a "reminder letter" sent as a "courtesy".

The council also state the following in their Notice Of Rejection;

"It is virtual and online now, therefore it is indeed your responsibility to go to the council website and check for these information."

The council posted the information required on the very webpage where you would need to apply for the permit. There was no other indiciation in the form of a substitue letter by the council that a change has happened and where information could be located, or that a renewal letter would no longer be sent. In fact, on its website under FAQ's, it clearly states that a renewal letter for permits would be sent. I have attached evidence for this to this appeal. https://ibb.co/Ct0Lc6k

This shows the council have acted irresponsibily in its communications whilst handling this appeal, and with existing resident permit holders which has resulted in my father incurring a PCN and caused undue stress, and they have much work to do to ensure all residents are communicated with in a fair and consistant manner, including with the information presented on their website and with what is communicated to the local press which would have a larger audience.






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Jogs83
post Tue, 8 Dec 2020 - 22:46
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Anyone have any thoughts on this?
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cp8759
post Wed, 9 Dec 2020 - 11:24
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I've made a number of spelling as well as substantive amendments for you in red, keep all italics and indentation exactly as I've used it below (you will need to write this in word, save as a PDF and upload it to the tribunal portal as an attachment):

QUOTE (Jogs83 @ Mon, 7 Dec 2020 - 22:38) *
I am appealing the PCN on the grounds that the alleged contravention did not occur.

In previous years my father, like all residents permit holders had received a renewal letter which contained a webcode to access the councils portal and make payment to obtain a new permit. However, it appears this system has been changed, and the council have failed to adequately communicate this change to resident permit holders. My father being aware that his permit was due to expire had contacted the council's helpline in June and was advised that currently there is no enforcement taking place and that residents will be able to continue parking without a valid permit, any PCN issued would be cancelled upon appeal with evidence of address.

This advice received is also consistent with an article in the local press dated 26th March 2020 - I have attached the article to my appeal here. https://www.eastlondonadvertiser.co.uk/news...laxed-1-6580558

Therefore my father believed he was ok parking with an expired permit, and was surprised to find a PCN had been issued on 21st July. There is no evidence that my father had made a deliberate attempt to avoid obtaining a permit which the council levy an annual charge for. In fact, the council are well aware my father immediately made arrangements to renew his permit, and challenge the PCN.

In the councils rejection letter, they state the following;

"I understand that you did not receive a reminder letter for your Residents' Parking Permit, which resulted in you incurring a PCN for parking without a valid permit. I must explain that whilst the used to send reminder letters to permit holders as a matter of courtesy, it ultimately remains the permit holders responsibility to renew their permit on time. "

This is factually incorrect. In the representations made to the respondent it was highlighted that my father was well aware his permit was due to expire, and called the council for advice. Therefore it was not a "reminder" letter he required, as the council incorrectly state.

It is also incorrect for the council to refer to the letter as a "reminder" that was sent only as a "courtesy". The letter which was historically sent contained a unique webcode which was required to access the councils permit renewal portal. Therefore the letter was a mandatory part of the councils permit renewals process, since without it, a permit holder could not apply for a renewal. Therefore it is misleading for the council to refer to it as a "reminder letter" sent as a "courtesy".

The council also state the following in their Notice Of Rejection;

"It is virtual and online now, therefore it is indeed your responsibility to go to the council website and check for these information."

The council posted the information required on the very webpage where you would need to apply for the permit. There was no other indication in the form of a substitute letter by the council that a change has happened and where information could be located, or that a renewal letter would no longer be sent. In fact, on its website under FAQ's, it clearly states that a renewal letter for permits would be sent. I have attached evidence for this to this appeal. https://ibb.co/Ct0Lc6k

This shows the council have acted unreasonably in its communications whilst handling this appeal, and with existing resident permit holders which has resulted in my father incurring a PCN and caused undue stress, and they have much work to do to ensure all residents are communicated with in a fair and consistent manner, including with the information presented on their website and with what is communicated to the local press which would have a larger audience.

In Ruth McCaul v London Borough of Hackney (2180488150, 10 January 2019) the tribunal held that:
It does generally remain the responsibility of the motorist to check carefully at all times whilst
driving their vehicle, so as to ensure that they do so only as permitted and that this will remain the
position for as long as the vehicle will be there. This includes making sure that they comply with
all restrictions and prohibitions indicated by the signs. However, the Enforcement Authority also
have a responsibility to ensure that the motorist is not mislead. Such motorist, particularly a
resident of the area, is entitled to rely upon communications for the relevant Authority.
In Sunin Shah v London Borough of Barnet (2200435944, 17 November 2020) the tribunal was dealing with a COVID-related suspension and later reinstatement of enforcement, and it held as follows:
The Appellant points out that the council has not communicated the change in enforcement policy effectively to
residents. The enclosed emails from the council state that vehicles would be able to park in residents’’ bays
without restriction (1 April). The email issued on 3 June did not mention parking enforcement at all. The
Appellant says he expected the council would announce resumption of enforcement by email, just as it had
announced relaxation. He does not have a resident’s permit so he was not notified by email. He did not park
on the road on 9 June so he did not receive the advance warning. He should not have been expected to check
the website.
The Appellant makes a valid point. He relied on the communication received in the email announcement sent
on 1 April stating that restrictions would not be enforced. The email announcement of 3 June made no mention
of parking at all. I find that the council’s inconsistency in how they notified residents has led to the Appellant
being in this position. The Appellant was entitled to rely on receiving notifications in a consistent way. I note
that nothing was placed on the road sign warning of recommencement of enforcement; that would have been
seen by all road users.
I find that the council failed to communicate reinforcement of restrictions sufficiently adequately and so I allow
the appeal.
My father was equally entitled to rely on the communications from the enforcement authority and where a motorist is given incorrect, inaccurate or potentially misleading information from the enforcement authority, the enforcement authority cannot then benefit from its actions by imposing a penalty charge.

For all of the above reasons, I contend the alleged contravention did not occur and hence this appeal should be allowed.


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Jogs83
post Wed, 9 Dec 2020 - 22:21
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Thats great - thanks. I've submitted my appeal and uploaded the evidence, news article and screenshot of the councils FAQ section.
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Jogs83
post Wed, 20 Jul 2022 - 22:43
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Apologies for dragging this back up, I was reading back through some of my previous PCN's and noticed I did not update everyone on this - WE WON at Adjudication! with the assesor critical of the LA's approach to revamping their systems at the detriment of permit holders, and also dismissing the councils comment that it is permit holders/ residents who should be frequently checking for updates on permit renewal processes.

Adjudicator agreed that the article in the local press is convincing, even if not factually true from the editors.

BELATED THANK YOU TO ALL WHO PROVIDED ME WITH SCRUTINY AND THE AMMO TO FIGHT BACK!
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cp8759
post Wed, 20 Jul 2022 - 23:07
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What's the case number please?


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