Unreadable evidence |
Unreadable evidence |
Mon, 12 Nov 2018 - 17:46
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#1
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Member Group: Members Posts: 14 Joined: 12 Nov 2018 Member No.: 100,899 |
Hi there
Could anyone give me a clue as to how to challenge this? I had various arguments in my pocket, but when I saw this photo of the parking restrictions put forward as evidence I thought maybe there would be a very simple way out on a technicality. This was in Haringey, N4 London. Any thoughts most welcome! |
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Mon, 12 Nov 2018 - 17:46
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Fri, 16 Nov 2018 - 15:12
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#21
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Member Group: Members Posts: 35,049 Joined: 2 Aug 2008 From: Woking Member No.: 21,551 |
?
What about what you did rather than a lecture on the law, that comes last, if at all? (based on the GSV showng a business permit bay..) On *** I parked at the location which, although not shown in the CEO's photos, was subject to standard restrictions until 6.30pm only. It therefore follows that a contraventin did not occur in this regard. I also noticed that the sign stated that the restrictions were extended until 8.30pm on 'match and event days'. There was no indication at the location that the day was a match etc. day, therefore I presumed that the regular restrictions applied. This is what you start with IMO. Then.. If the authority claim the extended restrictions applied then they must show where and when these were displayed. I would stress that it would not be acceptable to give a generalsed answer based on what is believed to be common practice i.e. restrictions would have been displayed A,B,C by D,E,F. I require positive statements to the effect that the restrictions were displayed at *** on ***. I am certain that this should not be difficult and that your records give full details. |
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Fri, 16 Nov 2018 - 16:31
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#22
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
? What about what you did rather than a lecture on the law, that comes last, if at all? (based on the GSV showng a business permit bay..) On *** I parked at the location which, although not shown in the CEO's photos, was subject to standard restrictions until 6.30pm only. It therefore follows that a contraventin did not occur in this regard. I also noticed that the sign stated that the restrictions were extended until 8.30pm on 'match and event days'. There was no indication at the location that the day was a match etc. day, therefore I presumed that the regular restrictions applied. This is what you start with IMO. Then.. If the authority claim the extended restrictions applied then they must show where and when these were displayed. I would stress that it would not be acceptable to give a generalsed answer based on what is believed to be common practice i.e. restrictions would have been displayed A,B,C by D,E,F. I require positive statements to the effect that the restrictions were displayed at *** on ***. I am certain that this should not be difficult and that your records give full details. +1, also don't bother mentioning the adjudicator, you're a long way from that. -------------------- 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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Sat, 12 Jan 2019 - 10:55
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#23
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Member Group: Members Posts: 14 Joined: 12 Nov 2018 Member No.: 100,899 |
I went with a mixture of all your advice using a bit of context and explanation and did the law lecture bit as well. So basically went quite hard ball, and did threaten adjucator .
no other correspondence was received until this letter came this morning 'i have considered all of the information available to me. i have on this one occasion decided to use my full discretion and cancel the pcn. please note that each case is considered on its own merits and we may be unable to cancel any future penalties issued under similar circumstances.' Hooray! Thanks for your help thinking this through and helping me get my arguments lined up |
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Sat, 12 Jan 2019 - 21:43
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#24
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
Well done.
-------------------- 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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