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Stopped where prohibited (on a red route or clearway) in Sheffield, stopping on a clearway
ahsan
post Tue, 7 Dec 2010 - 16:24
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Hello All,

I shall be grateful for any help on what I should do next please.

Sheffield City Council Issued me a Penalty Charge Notice (PCN) on 11 October 2010, alleging a contravention of being stopped where prohibited (on a red route or clearway) at 11:24.

I appealed this notice on the grounds that I had stopped in the layby after breaking down. I have today heard from the council that they require a copy proof of the breakdown, such as an AA or RAC report, or written evidence from the agency who provided you with assistance to verify the circumstances you describe.

Council PCN:


My first reply for an appeal via email:

"Dear Sir/Madam,

I am sending this email to challenge the PCD Number: FD19037183 issued to my car Honda Civic registration Number: R980 SEF on 'Alma Street' Sheffield on 11/10/2010.
I am a student staying at Unite's student accommodation on Alma Street. On the above date I was parked in the allowable parking spaces provided on the street. When I set
off in the morning 1100 to get to University, I noticed some strange noises coming out of the engine and tyres. It was at that point when I decided to park it near the signal lights but not on
the double yellow lines and do some checks on the car. In my first observations, It was not clear that it was a Red route or Clearway so I left my car and went back to the flat to get some
tools out. On my arrival at 1130, I discovered that I had been issued with a penalty charge notice.

This seems to me very unfair as Firstly It was not clear at all that car should not be parked at the location. Secondly, I had broken down and therefore had no choice but leave it at that location.
If the car had been running smoothly, I would not have stopped at all and carried on with my journey to University.

Kindly look into this matter as £35 is lot of money for a struglling student.

Kind regards"


Council's first letter of delaying the appeal:


Council's email that I received today:

"Dear Sir or Madam

Penalty Charge Notice Number: *********
Vehicle Registration: *********
Date Issued: 11/10/2010 11:24:16
Location of Contravention: Alma Street


Thank you for your correspondence regarding the above Penalty Charge Notice. Your challenge has been carefully considered and this letter informs you of our decision and the options now available to you.

The charge was issued because your vehicle was parked in a clearway. A clearway is a stretch of road where stopping is not permitted at any time and applies from the first ‘no stopping’ sign until the vehicle passes the same sign above the word ‘end’. Although clearways are usually found on main roads, they can often extend into the side roads to ensure junctions remain free from obstructions.

Whilst I have noted your comments, I would inform you that, an image(enclosed) taken at the time of issue clearly shows your vehicle parked after the clearway sign. It is the motorists responsibility to check and comply with signs denoting parking restrictions.

However, I have noted that your vehicle had broken down at the time of issue and to consider cancellation of this Charge I require a copy proof of the breakdown, such as an AA or RAC report, or written evidence from the agency who provided you with assistance to verify the circumstances you describe. Please forward the required documentation to my office within the next 14 days for this matter to be concluded.

Alternatively, I am prepared to accept the discounted amount of £35.00, if payment is received within 14 days of the date of service of this letter. This letter is deemed to have been served on the second working day after the day of posting as shown above (unless you can show that it was not).

Your cheque or postal order should be made payable to “Sheffield City Council”, clearly identified with the Penalty Charge Notice number and sent to the above address. Alternatively, you may pay in person at First Point, 1 Union Street, Sheffield, S1 2SH between 8.30am and 5.30pm Monday to Friday, or by debit or credit card over the telephone on 0114 273 5249 (24 hours) or online by visiting www.sheffield.gov.uk and selecting ‘Payments’.

Please note that it is our policy to respond to only one letter of appeal against any individual Penalty Charge Notice. However, if you remain dissatisfied with the above decision, there is a further opportunity to make a formal representation (on certain grounds) in response to a “Notice to Owner” which will be automatically issued to the registered keeper of the vehicle, if no payment is received.

The categories under which motorists may make a formal representation are listed below:-

o The contravention did not occur
o The penalty exceeded the relevant amount
o The traffic order was invalid
o I was not the owner/keeper of the vehicle at the time of the contravention
o The vehicle had been taken without consent
o We are a hire firm and have supplied the name of the hirer and a copy of the hire agreement
o Procedural impropriety (i.e. that the Council did not follow the correct procedures)

Although we do have discretion to take into account other mitigating circumstances, we do not consider that the details which you have provided provide compelling reasons for parking in contravention of the restrictions.

If a formal representation is rejected by the local authority, there is one final opportunity to appeal to the Traffic Penalty Tribunal. However, you should be aware that if a formal representation or appeal to the Traffic Penalty Tribunal is rejected, the full amount of £70.00 will be payable.

I trust that the above details clearly explain your options with regard to the above Penalty Charge and will enable you to decide whether to make payment or follow the next stage in the appeals procedure.

Yours sincerely,

G*******

Parking Services"

Picture of the sign where I was parked:


If you need, I will try and include the photo of the car they sent (risking my identity) together with a photo taken later, showing the details of the lay-by.

I shall be very grateful if you could add anything more to this, as well as, inform me as to how I should word the reply.

Thank you in advance.

This post has been edited by ahsan: Tue, 7 Dec 2010 - 16:27
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post Tue, 7 Dec 2010 - 16:24
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dave-o
post Tue, 7 Dec 2010 - 16:47
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Pics of the bay markings needed too (if you were in the loading bay referenced by that sign)

This post has been edited by dave-o: Tue, 7 Dec 2010 - 16:48


--------------------
Dave-o 3-0 LB Waltham Forest.
Goalscorers: B. Alighting 08', G. Fettered 34', I. Markings 42'


Dave-o 2-0 LB Islington
Goalscorers: V. Locus 82', I. Dates, 87'


Dave-o 1-0 LB Redbridge
Goalscorer: I. Markings 79'


Dave-o 1-0 LB sCamden
Goalscorer: I. Dates, 86'

Dave-o 1-0 LB Hammersmith & Fulham
Goalscorer: T. Signage, 19'
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ahsan
post Tue, 7 Dec 2010 - 16:58
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I hope this helps.

I really would like to avoid paying this fine so any help would be greatly appreciated.

Thanks

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dave-o
post Tue, 7 Dec 2010 - 17:01
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Are you the red honda?


--------------------
Dave-o 3-0 LB Waltham Forest.
Goalscorers: B. Alighting 08', G. Fettered 34', I. Markings 42'


Dave-o 2-0 LB Islington
Goalscorers: V. Locus 82', I. Dates, 87'


Dave-o 1-0 LB Redbridge
Goalscorer: I. Markings 79'


Dave-o 1-0 LB sCamden
Goalscorer: I. Dates, 86'

Dave-o 1-0 LB Hammersmith & Fulham
Goalscorer: T. Signage, 19'
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ahsan
post Tue, 7 Dec 2010 - 19:06
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Yes that is the picture taken by council when fine was issued.
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Scaramouche
post Tue, 7 Dec 2010 - 19:39
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see this thread re these muppets: http://forums.pepipoo.com/index.php?showtopic=56001&hl=

The letter and their policy fetter your rights to make formal representations as per 3(2)(b) of:

The Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007

Scope of Part 2 and duty to notify rights to make representations and to appeal

3.—(1) Regulations 4 to 7 have effect where a penalty charge which has become payable under the General Regulations has not been paid and either—

(a)a penalty charge notice has been served by a civil enforcement officer under regulation 9 of the General Regulations, and a notice to owner served by the enforcement authority under regulation 19 of those Regulations; or

(b)a penalty charge notice has been served under regulation 10 of the General Regulations.

(2) A penalty charge notice served under regulation 9 of the General Regulations must, in addition to the matters required to be included in it under paragraph 1 of the Schedule to the General Regulations, include the following information—

(a)that a person on whom a notice to owner is served will be entitled to make representations to the enforcement authority against the penalty charge and may appeal to an adjudicator if those representations are rejected; and

(b)that, if representations against the penalty charge are received at such address as may be specified for the purpose before a notice to owner is served—

(i)those representations will be considered;

(ii)but that, if a notice to owner is served notwithstanding those representations, representations against the penalty charge must be made in the form and manner and at the time specified in the notice to owner.

*******************************************************************************

Where is page 2 of the PCN, please?

This post has been edited by Scaramouche: Tue, 7 Dec 2010 - 19:40


--------------------
The Patas Monkey has a remarkably high reproductive rate, perhaps as an evolutionary response to the high adult mortality rates associated with this strongly terrestrial lifestyle.
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ahsan
post Tue, 7 Dec 2010 - 21:39
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Thanks Scaramouche!

Attached is the 2nd page of my orignial PCN..



Should I draft a letter out with only referring to the above points you have said?
"The letter and their policy fetter your rights to make formal representations as per 3(2)(b) of..."

and bearing in mind that it was an e-mail sent today not a letter.

What about their reply within 40 working days due to backlog, could there be a possibility to say that council have delayed responding to my appeal?

Thanks.
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bama
post Tue, 7 Dec 2010 - 22:17
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"A penalty charge notice served under regulation 9 of the General Regulations must, in addition to the matters "

Highlight the must


--------------------
Which facts in any situation or problem are “essential” and what makes them “essential”? If the “essential” facts are said to depend on the principles involved, then the whole business, all too obviously, goes right around in a circle. In the light of one principle or set of principles, one bunch of facts will be the “essential” ones; in the light of another principle or set of principles, a different bunch of facts will be “essential.” In order to settle on the right facts you first have to pick your principles, although the whole point of finding the facts was to indicate which principles apply.

Note that I am not legally qualified and any and all statements made are "Reserved". Liability for application lies with the reader.
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Scaramouche
post Tue, 7 Dec 2010 - 22:28
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The last part of this also mis-states the law:

Please note that it is our policy to respond to only one letter of appeal against any individual Penalty Charge Notice. However, if you remain dissatisfied with the above decision, there is a further opportunity to make a formal representation (on certain grounds) in response to a “Notice to Owner” which will be automatically issued to the registered keeper of the vehicle, if no payment is received.

The Civil Enforcement of Parking Contraventions (England) General Regulations 2007


SCHEDULE PENALTY CHARGES NOTICES
Contents of a penalty charge notice served under regulation 9

1. A penalty charge notice served under regulation 9 must, in addition to the matters required to be included in it by regulation 3(2) of the Representations and Appeals Regulations, state

(a)the date on which the notice is served;

(b)the name of the enforcement authority;

©the registration mark of the vehicle involved in the alleged contravention;

(d)the date and the time at which the alleged contravention occurred;

(e)the grounds on which the civil enforcement officer serving the notice believes that a penalty charge is payable;

(f)the amount of the penalty charge;

(g)that the penalty charge must be paid not later than the last day of the period of 28 days beginning with the date on which the penalty charge notice was served;

(h)that if the penalty charge is paid not later than the last day of the period of 14 days beginning with the date on which the notice is served, the penalty charge will be reduced by the amount of any applicable discount;

(i)the manner in which the penalty charge must be paid; and

(j)that if the penalty charge is not paid before the end of the period of 28 days referred to in subparagraph (g), a notice to owner may be served by the enforcement authority on the owner of the vehicle.
Contents of a regulation 10 penalty charge notice


*********************************************************************

There is also a problem with the grounds as stated in the "letter":

The Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007

(4) The grounds referred to in paragraph (2)(b)(i) are—

(a)that the alleged contravention did not occur;

(b)that the recipient

(i)never was the owner of the vehicle in question;

(ii)had ceased to be its owner before the date on which the alleged contravention occurred; or

(iii)became its owner after that date;

©that the vehicle had been permitted to remain at rest in the place in question by a person who was in control of the vehicle without the consent of the owner;

(d)that the recipient is a vehicle-hire firm and—

(i)the vehicle in question was at the material time hired from that firm under a hiring agreement; and

(ii)the person hiring it had signed a statement of liability acknowledging his liability in respect of any penalty charge notice served in respect of any parking contravention involving the vehicle during the currency of the hiring agreement;

(e)that the penalty charge exceeded the amount applicable in the circumstances of the case;

(f)that there has been a procedural impropriety on the part of the enforcement authority;

(g)that the order which is alleged to have been contravened in relation to the vehicle concerned, except where it is an order to which Part VI of Schedule 9 to the 1984 Act(1) applies, is invalid;

(h)in a case where a penalty charge notice was served by post on the basis that a civil enforcement officer was prevented by some person from fixing it to the vehicle concerned or handing it to the owner or person in charge of the vehicle, that no civil enforcement officer was so prevented;

(i)that the notice to owner should not have been served because—

(i)the penalty charge had already been paid in full;

(ii)the penalty charge had been paid, reduced by the amount of any discount set in accordance with Schedule 9 to the 2004 Act, within the period specified in paragraph 1(h) of the Schedule to the General Regulations.

******************************************************************

My advice is to wait for other comments.

******************************************************************

There is also this contradiction re 14 days:

Please forward the required documentation to my office within the next 14 days for this matter to be concluded.

Alternatively, I am prepared to accept the discounted amount of £35.00, if payment is received within 14 days of the date of service of this letter. This letter is deemed to have been served on the second working day after the day of posting as shown above (unless you can show that it was not).


******************************************************************

This statement further fetters and assumes that the recipient is the owner by doing so:

Although we do have discretion to take into account other mitigating circumstances, we do not consider that the details which you have provided provide compelling reasons for parking in contravention of the restrictions.

******************************************************************

Now compare the grounds in the letter with what they publish in their NtO's:

http://forums.pepipoo.com/index.php?showto...rt=#entry529770

******************************************************************

There is also a problem in my view with them communicating by e-mail(which they refer to as a letter!):

The Civil Enforcement of Parking Contraventions (England) General Regulations 2007

Service by post

3.—(1) Subject to paragraph (5), any notice (except a penalty charge notice served under regulation 9) or charge certificate under these Regulations —

(a)may be served by first class (but not second class) post; and

(b)where the person on whom it is to be served is a body corporate, is duly served if it is sent by first class post to the secretary or clerk of that body.

(2) Service of a notice or charge certificate contained in a letter sent by first class post which has been properly addressed, pre-paid and posted shall, unless the contrary is proved, be taken to have been effected on the second working day after the day of posting.

(3) In paragraph (2), “working day” means any day except—

(a)a Saturday or a Sunday;

(b)New Year’s Day;

©Good Friday;

(d)Christmas Day;

(e)any other day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971(1).

(4) A document may be transmitted to a vehicle hire firm (as defined in regulation 5(4)) by a means of electronic data transmission where—

(a)the vehicle hire firm has indicated in writing to the person sending the notice or document that it is willing to regard a document as having been duly sent to it if it is transmitted to a specified electronic address; and

(b)the document is transmitted to that address.


(5) Nothing in this regulation applies to the service of any notice or order made by a county court.


Are you a hire-firm and have you given them permission to correspond in this manner? I have deliberately quoted the regulations at length to inspire you to do some homework!

This post has been edited by Scaramouche: Tue, 7 Dec 2010 - 23:14


--------------------
The Patas Monkey has a remarkably high reproductive rate, perhaps as an evolutionary response to the high adult mortality rates associated with this strongly terrestrial lifestyle.
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ahsan
post Tue, 7 Dec 2010 - 23:48
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In response to following point, I would like to bring your attention to the page 2 of PCN where it has been stated, “If the penalty charge is not paid on or before the end of the 28 day period as specified on the front of this notice or successfully challenged, the Council may serve a Notice to Owner (NtO) on the owner of the vehicle requiring payment of the penalty charge.”


The Civil Enforcement of Parking Contraventions (England) General Regulations 2007


SCHEDULE PENALTY CHARGES NOTICES
Contents of a penalty charge notice served under regulation 9

1. A penalty charge notice served under regulation 9 must, in addition to the matters required to be included in it by regulation 3(2) of the Representations and Appeals Regulations, state—
(j)that if the penalty charge is not paid before the end of the period of 28 days referred to in subparagraph (g), a notice to owner may be served by the enforcement authority on the owner of the vehicle.
******************************************************************
Could you explain these points in more details?


There is also a problem with the grounds as stated in the letter:

The Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007

(4) The grounds referred to in paragraph (2)(b)(i) are—

(a)that the alleged contravention did not occur;

(b)that the recipient—
.
.
.
(h)in a case where a penalty charge notice was served by post on the basis that a civil enforcement officer was prevented by some person from fixing it to the vehicle concerned or handing it to the owner or person in charge of the vehicle, that no civil enforcement officer was so prevented;

(i)that the notice to owner should not have been served because—

(i)the penalty charge had already been paid in full;

(ii)the penalty charge had been paid, reduced by the amount of any discount set in accordance with Schedule 9 to the 2004 Act, within the period specified in paragraph 1(h) of the Schedule to the General Regulations.

******************************************************************

I am also confused about the below points. Can I ask council which date are they starting the 14 days period from as following statements contradicts with each other?

There is also this contradiction re 14 days:

Please forward the required documentation to my office within the next 14 days for this matter to be concluded.

Alternatively, I am prepared to accept the discounted amount of £35.00, if payment is received within 14 days of the date of service of this letter. This letter is deemed to have been served on the second working day after the day of posting as shown above (unless you can show that it was not).
******************************************************************
Could you also explain how the following statement fetters and assume recipient is the owner?

This statement further fetters and assumes that the recipient is the owner by doing so:

Although we do have discretion to take into account other mitigating circumstances, we do not consider that the details which you have provided provide compelling reasons for parking in contravention of the restrictions.

******************************************************************
I am not a hire company so the following point is duly noted smile.gif

There is also a problem in my view with them communicating by e-mail(which they refer to as a letter!)

Thank you very much Scaramouche for the great support you are providing me with.
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Scaramouche
post Wed, 8 Dec 2010 - 23:54
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Basically, if you compare their e-mail/"letter" with what the law states, they are severely fettering/limiting your legal rights to make representations. They are stating that things will happen when the law states they may happen: this is also threatening.

I am glad you are stating you are confused - well, not really - but the point is that their statements re 14 days are confusing. In short, their correspondence is riddled with procedural impropriety due to its mis-statements of the legal position.

They have messed up, big time. IMO, do not ask them to explain anything, draft up a letter (see the thread referenced for a sample, which may help) and be firm. Regards, S.

This post has been edited by Scaramouche: Thu, 9 Dec 2010 - 11:17


--------------------
The Patas Monkey has a remarkably high reproductive rate, perhaps as an evolutionary response to the high adult mortality rates associated with this strongly terrestrial lifestyle.
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ahsan
post Mon, 13 Dec 2010 - 17:57
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I have drafted the following reply and thinking about sending it back to the e-mail address who sent me the original response for my appeal. Kindly make any changes as necessary and advise me of how soon this e-mail should be sent. Many Thanks!

Parking Services
P. O. Box 3830
Sheffield
S1 9AQ


15th December 2009

Re: PCN Number HZ********& Vehicle registration *******

Dear Sir/Madam,

This is a representation for the PCN attached with this letter (SO********).

I am appealing based on the following grounds: ‘There has been a procedural impropriety on behalf of the authority’.

There has been a procedural impropriety on behalf of the authority in two specific points:

1) The required information as laid out in the General Directions 2007 Regulation 3(2)b is missing and what information is there is misleading.

The email and your policy fetter my rights to make formal representations as per 3(2)(b) of:

The Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007

Scope of Part 2 and duty to notify rights to make representations and to appeal

3.—(1) Regulations 4 to 7 have effect where a penalty charge which has become payable under the General Regulations has not been paid and either—

(a)a penalty charge notice has been served by a civil enforcement officer under regulation 9 of the General Regulations, and a notice to owner served by the enforcement authority under regulation 19 of those Regulations; or

(b)a penalty charge notice has been served under regulation 10 of the General Regulations.

(2) A penalty charge notice served under regulation 9 of the General Regulations must, in addition to the matters required to be included in it under paragraph 1 of the Schedule to the General Regulations, include the following information—

(a)that a person on whom a notice to owner is served will be entitled to make representations to the enforcement authority against the penalty charge and may appeal to an adjudicator if those representations are rejected; and

(b)that, if representations against the penalty charge are received at such address as may be specified for the purpose before a notice to owner is served—

(i)those representations will be considered;

(ii)but that, if a notice to owner is served notwithstanding those representations, representations against the penalty charge must be made in the form and manner and at the time specified in the notice to owner.


2) The required information as laid out in the General Directions 2007 Regulation 9 is missing and what information is there is misleading.

While falling foul of much of the regulation, the PCN, in particular, fails to inform me of my legal right to make any number of representations before a notice to owner is served and to have all these representations considered. In fact, the PCN directly misleads my legal right by stating: "Please note that it is our policy to respond to only one letter of appeal against any individual Penalty Charge Notice. However, if you remain dissatisfied with the above decision, there is a further opportunity to make a formal representation (on certain grounds) in response to a “Notice to Owner” which will be automatically issued to the registered keeper of the vehicle, if no payment is received", this is simply not the case.


The Civil Enforcement of Parking Contraventions (England) General Regulations 2007


SCHEDULE PENALTY CHARGES NOTICES
Contents of a penalty charge notice served under regulation 9

1. A penalty charge notice served under regulation 9 must, in addition to the matters required to be included in it by regulation 3(2) of the Representations and Appeals Regulations, state—

(a)the date on which the notice is served;

(b)the name of the enforcement authority;

©the registration mark of the vehicle involved in the alleged contravention;

(d)the date and the time at which the alleged contravention occurred;

(e)the grounds on which the civil enforcement officer serving the notice believes that a penalty charge is payable;

(f)the amount of the penalty charge;

(g)that the penalty charge must be paid not later than the last day of the period of 28 days beginning with the date on which the penalty charge notice was served;

(h)that if the penalty charge is paid not later than the last day of the period of 14 days beginning with the date on which the notice is served, the penalty charge will be reduced by the amount of any applicable discount;

(i)the manner in which the penalty charge must be paid; and

(j)that if the penalty charge is not paid before the end of the period of 28 days referred to in subparagraph (g), a notice to owner may be served by the enforcement authority on the owner of the vehicle.


3) The grounds listed on the “letter” do not correspond with the actual grounds listed in the Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007. The actual grounds are as follows, according to regulation 4 (Representations against notice to owner):

The Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007

(4) The grounds referred to in paragraph (2)(b)(i) are—

(a)that the alleged contravention did not occur;

(b)that the recipient—

(i)never was the owner of the vehicle in question;

(ii)had ceased to be its owner before the date on which the alleged contravention occurred; or

(iii)became its owner after that date;

©that the vehicle had been permitted to remain at rest in the place in question by a person who was in control of the vehicle without the consent of the owner;

(d)that the recipient is a vehicle-hire firm and—

(i)the vehicle in question was at the material time hired from that firm under a hiring agreement; and

(ii)the person hiring it had signed a statement of liability acknowledging his liability in respect of any penalty charge notice served in respect of any parking contravention involving the vehicle during the currency of the hiring agreement;

(e)that the penalty charge exceeded the amount applicable in the circumstances of the case;

(f)that there has been a procedural impropriety on the part of the enforcement authority;

(g)that the order which is alleged to have been contravened in relation to the vehicle concerned, except where it is an order to which Part VI of Schedule 9 to the 1984 Act(1) applies, is invalid;

(h)in a case where a penalty charge notice was served by post on the basis that a civil enforcement officer was prevented by some person from fixing it to the vehicle concerned or handing it to the owner or person in charge of the vehicle, that no civil enforcement officer was so prevented;

(i)that the notice to owner should not have been served because—

(i)the penalty charge had already been paid in full;

(ii)the penalty charge had been paid, reduced by the amount of any discount set in accordance with Schedule 9 to the 2004 Act, within the period specified in paragraph 1(h) of the Schedule to the General Regulations.


4) The “letter” fails to correctly advise myself of the lawful time whereby I can make informal challenges despite this being a legal requirement. Following two statements contradict with each other. The PCN must be cancelled in this respect.

Please forward the required documentation to my office within the next 14 days for this matter to be concluded.

Alternatively, I am prepared to accept the discounted amount of £35.00, if payment is received within 14 days of the date of service of this letter. This letter is deemed to have been served on the second working day after the day of posting as shown above (unless you can show that it was not).

5) This statement further fetters and assumes that the recipient is the owner by doing so:

Although we do have discretion to take into account other mitigating circumstances, we do not consider that the details which you have provided provide compelling reasons for parking in contravention of the restrictions.

6) I have only received a response by e-mail by you but this e-mail is referred as a letter at various occasions. This fundamentally flaws the document. The required information as laid out in the General Directions 2007 Regulation 3(4)a and 3(4)b is missing and what information is there is misleading.

The Civil Enforcement of Parking Contraventions (England) General Regulations 2007

Service by post

3.—(1) Subject to paragraph (5), any notice (except a penalty charge notice served under regulation 9) or charge certificate under these Regulations —

(a)may be served by first class (but not second class) post; and

(b)where the person on whom it is to be served is a body corporate, is duly served if it is sent by first class post to the secretary or clerk of that body.

(2) Service of a notice or charge certificate contained in a letter sent by first class post which has been properly addressed, pre-paid and posted shall, unless the contrary is proved, be taken to have been effected on the second working day after the day of posting.

(3) In paragraph (2), “working day” means any day except—

(a)a Saturday or a Sunday;

(b)New Year’s Day;

©Good Friday;

(d)Christmas Day;

(e)any other day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971(1).

(4) A document may be transmitted to a vehicle hire firm (as defined in regulation 5(4)) by a means of electronic data transmission where—

(a) the vehicle hire firm has indicated in writing to the person sending the notice or document that it is willing to regard a document as having been duly sent to it if it is transmitted to a specified electronic address; and

(b)the document is transmitted to that address.

(5) Nothing in this regulation applies to the service of any notice or order made by a county court.


In view of all the above arguments, not least that the email/ “letter” appears to be sufficiently flawed as to be declared a nullity and void. I do hereby require you to cancel said PCN forthwith, and with immediate effect. Should this not be possible, and each and every one of my points not addressed, I am prepared to take the matter as far as the TPT, which would be entirely your responsibility and therefore, would be claiming costs should this course of action be necessary.

Yours Faithfully,
*********
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Scaramouche
post Mon, 13 Dec 2010 - 21:18
Post #13


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QUOTE (ahsan @ Mon, 13 Dec 2010 - 17:57) *
I have drafted the following reply and thinking about sending it back to the e-mail address who sent me the original response for my appeal. Kindly make any changes as necessary and advise me of how soon this e-mail should be sent. Many Thanks!

Parking Services
P. O. Box 3830
Sheffield
S1 9AQ


15th December 2009

Re: PCN Number HZ********& Vehicle registration *******

Dear Sir/Madam,

This is a representation for the PCN attached with this letter (SO********).

I am appealing based on the following ground: ‘There has been a procedural impropriety on behalf of the authority’.

1) The required information as laid out in the General Directions 2007 Regulation 3(2)b is missing and what information is there is misleading.

The email and your policy fetter my rights to make formal representations as per 3(2)(b) of:

The Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007

Scope of Part 2 and duty to notify rights to make representations and to appeal as per:

3.—(1) Regulations 4 to 7 have effect where a penalty charge which has become payable under the General Regulations has not been paid and either—

(a)a penalty charge notice has been served by a civil enforcement officer under regulation 9 of the General Regulations, and a notice to owner served by the enforcement authority under regulation 19 of those Regulations; or

(b)a penalty charge notice has been served under regulation 10 of the General Regulations.

(2) A penalty charge notice served under regulation 9 of the General Regulations must, in addition to the matters required to be included in it under paragraph 1 of the Schedule to the General Regulations, include the following information—

(a)that a person on whom a notice to owner is served will be entitled to make representations to the enforcement authority against the penalty charge and may appeal to an adjudicator if those representations are rejected; and

(b)that, if representations against the penalty charge are received at such address as may be specified for the purpose before a notice to owner is served—

(i)those representations will be considered;

(ii)but that, if a notice to owner is served notwithstanding those representations, representations against the penalty charge must be made in the form and manner and at the time specified in the notice to owner.


2) The required information as laid out in the General Directions 2007 Regulation 9 is missing and what information is there is misleading.

While falling foul of much of the regulation, the PCN, in particular, fails to inform me of my legal right to make any number of representations before a notice to owner is served and to have all these representations considered. In fact, the PCN directly misleads my legal right by stating: "Please note that it is our policy to respond to only one letter of appeal against any individual Penalty Charge Notice. However, if you remain dissatisfied with the above decision, there is a further opportunity to make a formal representation (on certain grounds) in response to a “Notice to Owner” which will be automatically issued to the registered keeper of the vehicle, if no payment is received", this is simply not the case.


The Civil Enforcement of Parking Contraventions (England) General Regulations 2007


SCHEDULE PENALTY CHARGES NOTICES
Contents of a penalty charge notice served under regulation 9

1. A penalty charge notice served under regulation 9 must, in addition to the matters required to be included in it by regulation 3(2) of the Representations and Appeals Regulations, state—

(a)the date on which the notice is served;

(b)the name of the enforcement authority;

©the registration mark of the vehicle involved in the alleged contravention;

(d)the date and the time at which the alleged contravention occurred;

(e)the grounds on which the civil enforcement officer serving the notice believes that a penalty charge is payable;

(f)the amount of the penalty charge;

(g)that the penalty charge must be paid not later than the last day of the period of 28 days beginning with the date on which the penalty charge notice was served;

(h)that if the penalty charge is paid not later than the last day of the period of 14 days beginning with the date on which the notice is served, the penalty charge will be reduced by the amount of any applicable discount;

(i)the manner in which the penalty charge must be paid; and

(j)that if the penalty charge is not paid before the end of the period of 28 days referred to in subparagraph (g), a notice to owner may be served by the enforcement authority on the owner of the vehicle.


3) The grounds listed on the “letter” do not correspond with the actual grounds listed in the Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007. The actual grounds are as follows, according to regulation 4 (Representations against notice to owner):

The Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007

(4) The grounds referred to in paragraph (2)(b)(i) are—

(a)that the alleged contravention did not occur;

(b)that the recipient—

(i)never was the owner of the vehicle in question;

(ii)had ceased to be its owner before the date on which the alleged contravention occurred; or

(iii)became its owner after that date;

©that the vehicle had been permitted to remain at rest in the place in question by a person who was in control of the vehicle without the consent of the owner;

(d)that the recipient is a vehicle-hire firm and—

(i)the vehicle in question was at the material time hired from that firm under a hiring agreement; and

(ii)the person hiring it had signed a statement of liability acknowledging his liability in respect of any penalty charge notice served in respect of any parking contravention involving the vehicle during the currency of the hiring agreement;

(e)that the penalty charge exceeded the amount applicable in the circumstances of the case;

(f)that there has been a procedural impropriety on the part of the enforcement authority;

(g)that the order which is alleged to have been contravened in relation to the vehicle concerned, except where it is an order to which Part VI of Schedule 9 to the 1984 Act(1) applies, is invalid;

(h)in a case where a penalty charge notice was served by post on the basis that a civil enforcement officer was prevented by some person from fixing it to the vehicle concerned or handing it to the owner or person in charge of the vehicle, that no civil enforcement officer was so prevented;

(i)that the notice to owner should not have been served because—

(i)the penalty charge had already been paid in full;

(ii)the penalty charge had been paid, reduced by the amount of any discount set in accordance with Schedule 9 to the 2004 Act, within the period specified in paragraph 1(h) of the Schedule to the General Regulations.


4) The “letter” fails to correctly advise me of the lawful time whereby I can make informal challenges despite this being a legal requirement. Following two statements contradict with each other. The PCN must be cancelled in this respect.

Please forward the required documentation to my office within the next 14 days for this matter to be concluded.

Alternatively, I am prepared to accept the discounted amount of £35.00, if payment is received within 14 days of the date of service of this letter. This letter is deemed to have been served on the second working day after the day of posting as shown above (unless you can show that it was not).

5) This statement further fetters and assumes that the recipient is the owner by doing so:

Although we do have discretion to take into account other mitigating circumstances, we do not consider that the details which you have provided provide compelling reasons for parking in contravention of the restrictions.

6) I have only received a response by e-mail by you but this e-mail is referred as a letter at various occasions. This fundamentally flaws the document. The required information as laid out in the General Directions 2007 Regulation 3(4)a and 3(4)b is missing and what information is there is misleading.

The Civil Enforcement of Parking Contraventions (England) General Regulations 2007

Service by post

3.—(1) Subject to paragraph (5), any notice (except a penalty charge notice served under regulation 9) or charge certificate under these Regulations —

(a)may be served by first class (but not second class) post; and

(b)where the person on whom it is to be served is a body corporate, is duly served if it is sent by first class post to the secretary or clerk of that body.

(2) Service of a notice or charge certificate contained in a letter sent by first class post which has been properly addressed, pre-paid and posted shall, unless the contrary is proved, be taken to have been effected on the second working day after the day of posting.

(3) In paragraph (2), “working day” means any day except—

(a)a Saturday or a Sunday;

(b)New Year’s Day;

©Good Friday;

(d)Christmas Day;

(e)any other day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971(1).

(4) A document may be transmitted to a vehicle hire firm (as defined in regulation 5(4)) by a means of electronic data transmission where—

(a) the vehicle hire firm has indicated in writing to the person sending the notice or document that it is willing to regard a document as having been duly sent to it if it is transmitted to a specified electronic address; and

(b)the document is transmitted to that address.

(5) Nothing in this regulation applies to the service of any notice or order made by a county court.


In view of all the above arguments, not least that the email/ “letter” appears to be sufficiently flawed as to be declared a nullity and void. I do hereby require you to cancel said PCN forthwith, and with immediate effect. Should this not be possible, and each and every one of my points are not fully addressed, I am prepared to take the matter as far as the TPT, which would be entirely your responsibility and therefore, would be claiming costs should this course of action be necessary.

Yours faithfully,
*********


Just made a few minor adjustments! Otherwise, shoot 'em!

This post has been edited by Scaramouche: Mon, 13 Dec 2010 - 21:21


--------------------
The Patas Monkey has a remarkably high reproductive rate, perhaps as an evolutionary response to the high adult mortality rates associated with this strongly terrestrial lifestyle.
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ahsan
post Mon, 13 Dec 2010 - 21:42
Post #14


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Group: Members
Posts: 9
Joined: 23 Nov 2010
Member No.: 42,336



I have changed the following two things (bold green) after your changes Scaramouche. Please check if these are ok and I will be sending this as an e-mail response asap. smile.gif



Parking Services
P. O. Box 3830
Sheffield
S1 9AQ


13th December 2010

Re: PCN Number HZ********& Vehicle registration *******

Dear Sir/Madam,

This is a representation for the PCN attached with this e-mail (SO********).

I am appealing based on the following ground: ‘There has been a procedural impropriety on behalf of the authority’.


2) The required information as laid out in the General Directions 2007 Regulation 9 is missing and what information is there is misleading.

While falling foul of much of the regulation, the “letter”, in particular, fails to inform me of my legal right to make any number of representations before a notice to owner is served and to have all these representations considered. In fact, the “letter” directly misleads my legal right by stating: "Please note that it is our policy to respond to only one letter of appeal against any individual Penalty Charge Notice. However, if you remain dissatisfied with the above decision, there is a further opportunity to make a formal representation (on certain grounds) in response to a “Notice to Owner” which will be automatically issued to the registered keeper of the vehicle, if no payment is received", this is simply not the case.

This post has been edited by ahsan: Mon, 13 Dec 2010 - 22:57
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Scaramouche
post Mon, 13 Dec 2010 - 23:48
Post #15


Member


Group: Closed
Posts: 3,423
Joined: 10 Sep 2010
Member No.: 40,442



Looks good. Sorry, check my changes, please, as I did not have enough time to colour-code.


--------------------
The Patas Monkey has a remarkably high reproductive rate, perhaps as an evolutionary response to the high adult mortality rates associated with this strongly terrestrial lifestyle.
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