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PCN - 12r- Parked in residents bay Ealing., Red Route Parking At Any Time
Cheesecake
post Mon, 28 Oct 2019 - 23:05
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Hello all,

I'm hoping someone can help advise me on this case. I'm so enraged by Ealing Council but I need to know whether I'm in the wrong or not.

I'll try to keep this quick...

Basically I was issued two PCN's for parking my car in a residents bay, however upon receiving the first PCN i shrugged it off and put it down to the usual overzealous incompetence of Ealing Council CEO's, reason being it wasn't the first time I've received a PCN for parking in this particular bay and when I've been issued one it's always been cancelled or never followed up on... how come you ask?... well, this is what's confusing me, because the parking bay is signposted as a 'Red Route Parking At Any time'.

Now it would appear some CEO's understand the restrictions of this particular bay and some don't or willingly refuse to??

So when I received the second PCN; I was at home working when I spotted the CEO slapping the ticket on the windscreen, I rushed out to approach him and asked why he was issuing me a second ticket in red route bay? he then pointed to a newly placed sign to the left of the bay and said I was parking in a residents bay without displaying the permit! I challenged him and explained the obvious that the car is parked in a red route bay AT ANY TIME all the while pointing at the sign directly beside my car! and all he kept saying to me was that he doesn't know what that sign is.. it's not an Ealing council sign... At this point I was so angry and frustrated because in my eyes I was parked legally and adhering to the law!

I kept trying to explain to him that this was unfair treatment because there are two signs with contradicting information. In the end the CEO started to see where I was coming from but ultimately just fobbed me off by taking additional photos of the red route sign and said they should appear on the system in about 10min and advised me to call up and appeal. But of course when I went inside to call Ealing Parking office, only to find myself blocked at every angle with the automated telephone service because they don't deal with appeals over the phone and I had to wait to receive the notice to owner in the post! also the "additional photo evidence" he said he took were nowhere to be seen!

Anyway I did attempt to appeal in the first round and made a point of explaining the red route sign but my grounds for appeal was denied (I'm starting to think maybe it was the strength one my photo evidence) I honestly don't know what to do now, as Im feeling less confident to fight back, which I guess is what they want.

Kind regards


Hopefully I've provided all the details below smile.gif

This post has been edited by Cheesecake: Mon, 28 Oct 2019 - 23:37
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post Mon, 28 Oct 2019 - 23:05
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PASTMYBEST
post Mon, 16 Dec 2019 - 22:10
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QUOTE (Cheesecake @ Mon, 16 Dec 2019 - 21:44) *
QUOTE (stamfordman @ Mon, 9 Dec 2019 - 19:53) *
There's no rush - you have til early Jan to register the appeal. You can attend in person if you want.

I didn't know about another PCN - what stage is at at?

Hi, they’re both at roughly same stage, second pcn rejection came through on Saturday. Been given same reason, that the ”red route time plate is an advance notice.”! And it’s up to me the driver to check the signs.

Second pcn is for the same alleged offence, because the car was parked in the bay on two consecutive days.

In my last appeal letter i addressed both pcn’s.

I’ve only got until Thursday this week to pay (discounted) for the pcn’s or prove the case to the adjudicator.

Also just to note, as no one was technically driving at time of alleged offence, I’m not the registered keeper but I am insured to drive the car but all correspondence has been done on behalf of the keeper, as they aren’t up for dealing with all the stress- so basically I'm representing the keeper. Will this matter at any stage? Example if we need to represent in person?



Yes it matters now and it also mattered at the representation to council stage. Best get a written authority to act on their behalf and when you register your appeal download a copy

Register both in the box for evidence write full submission to follow

And who made the representations and who did the council respond to?


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Cheesecake
post Mon, 16 Dec 2019 - 22:47
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QUOTE (PASTMYBEST @ Mon, 16 Dec 2019 - 22:10) *
QUOTE (Cheesecake @ Mon, 16 Dec 2019 - 21:44) *
QUOTE (stamfordman @ Mon, 9 Dec 2019 - 19:53) *
There's no rush - you have til early Jan to register the appeal. You can attend in person if you want.

I didn't know about another PCN - what stage is at at?

Hi, they’re both at roughly same stage, second pcn rejection came through on Saturday. Been given same reason, that the ”red route time plate is an advance notice.”! And it’s up to me the driver to check the signs.

Second pcn is for the same alleged offence, because the car was parked in the bay on two consecutive days.

In my last appeal letter i addressed both pcn’s.

I’ve only got until Thursday this week to pay (discounted) for the pcn’s or prove the case to the adjudicator.

Also just to note, as no one was technically driving at time of alleged offence, I’m not the registered keeper but I am insured to drive the car but all correspondence has been done on behalf of the keeper, as they aren’t up for dealing with all the stress- so basically I'm representing the keeper. Will this matter at any stage? Example if we need to represent in person?



Yes it matters now and it also mattered at the representation to council stage. Best get a written authority to act on their behalf and when you register your appeal download a copy

Register both in the box for evidence write full submission to follow

And who made the representations and who did the council respond to?

All representations has been signed off by the registered keeper (my wife).
I've just noticed section 3 on the form allows for somebody else to be an authorised representative. So this is where I'll take ownership.

Lastly, on the form it says, the adjudicator will consider my representation made to the Local Authority but if I wish to, I can restate or add more information. I'm not entirely sure what more i can add to the full submission, that hasn't already been detailed in my last appeal, which was helpfully crafted by hcandersen.


This post has been edited by Cheesecake: Mon, 16 Dec 2019 - 23:16
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cp8759
post Mon, 16 Dec 2019 - 23:27
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I suggest you register the appeal online rather than using the paper form.


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I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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Cheesecake
post Tue, 17 Dec 2019 - 00:10
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Hi guys, not sure what grounds am I to appeal this case. I gather it would be one of these 3?


edit.
ignore, just gone back and read Mad Mick V's earlier post wink.gif

This post has been edited by Cheesecake: Tue, 17 Dec 2019 - 00:29
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Cheesecake
post Yesterday, 23:55
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Hi guys, just wanted to come on here to say a massive THANK YOU! headbang.gif

LB Ealing aka thieving *****rds have only gone and cancelled the PCNs / tribunal case and rightly so, but I wouldnt have come this far without the help of the good folk on this forum. It’s been a stressful couple of months!

People power!

I just have one last question, no doubt LB Ealing are going to continue to unlawfully issue tickets for this parking bay, and as they clearly haven’t addressed the problem, is there anything i can do to make them own up to their errors? In the letter they do invite me to get in touch should i want further info. Or is it best to just accept the win and move on...

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stamfordman
post Today, 08:25
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I said I'be amazed if they contested this.

Does the bay still have the TFL P sign? Regardless I would keep out of it.
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Incandescent
post Today, 09:06
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I would raise a complaint with the council.
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hcandersen
post Today, 10:30
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Deceitful and unprofessional.

OP, I refer you to my post:

No PCNs issued by TfL or the council are or have been lawful since there have been 2 signs and all penalties paid must be refunded. Do you want to fight the corner of other motorists?

Not only must these PCNs be cancelled, no further PCNs may be issued by the council until the issue of jurisdiction is resolved and one of the signs removed. In addition, the council are obliged to resolve the issue of jurisdiction with TfL at the earliest opportunity. Consequently, I have copied this correspondence to LB Ealing's Director of Highways and Monitoring Officer and TfL.


Or are you happy to leave matters as they are?

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