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Hounslow - Introduction of Residents Parking - No Road Markings, Contravention 12r - Parked in a residents parking zone without permit
efunc
post Tue, 5 Nov 2019 - 22:08
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Contravention Code: 12r
Date of Contravention: 05/11/2019
Location: Wilmington Avenue, Chiswick, London W4
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Another day another fine. The ink’s barely dry on the last one and now I’ve got another, in similar circumstances, 2 streets away!

I was searching for a new spot to park my car as Burlington Lane in Chiswick has just been made restricted parking and has dotted white ‘residents parking’ bay lines all the way down. I turned off into Wilmington Avenue where I have parked on previous occasions and there are no white lines, designated bays, single yellow or double yellow lines at all. I parked here again today, however returned to my car after an hour to find I’d been ticketed!

I was very cautious about parking here. Despite the absence of road markings there was a new sign placed at the entrance of the road saying "Residents permit holders parking only past this point Mon - Fri 10 am - Noon”, HOWEVER my partner was insistent that the sign must refer to Burlington Lane that was just turned off from since that had all new dotted white parking bay lines. Furthermore, on the rear of this sign it says “Permit parking area ENDS”.

We debated both signs for some time. She convinced me that the “Permit parking area ENDS” sign clearly refers to Wilmington Avenue since the sign faces that road and there are no road markings on it. On the other hand the "Residents permit holders parking only past this point Mon - Fri 10 am - Noon” sign, she argued, must refer to Burlington Lane since it faces that road and there are clearly newly painted parking bays all along it. I was reluctantly convinced that this sounds plausible. But shortly afterwards found the PCN on my car.

What are the rules regarding road markings? Should they be here, or is it not mandatory?









This post has been edited by efunc: Tue, 5 Nov 2019 - 22:12
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post Tue, 5 Nov 2019 - 22:08
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efunc
post Fri, 13 Dec 2019 - 21:20
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Finally managed to scan the pages:









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cp8759
post Sun, 15 Dec 2019 - 22:36
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I'd try and get something in before Christmas, as it maximises the chances of the council missing the 56 day deadline. I can't see any argument aside from duplicity unless anyone can see anything else.


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efunc
post Tue, 17 Dec 2019 - 13:09
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Yes, I agree, that would seem a good plan. I could submit something tomorrow, but I don't understand the defence based on the thread above. What should I submit? Thanks
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cp8759
post Tue, 17 Dec 2019 - 21:02
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.

This post has been edited by cp8759: Thu, 19 Dec 2019 - 17:22


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efunc
post Thu, 19 Dec 2019 - 08:37
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I'm afraid I'm not that clued up on this stuff. Are you saying that I don't have to do anything other than tell them I'll supply something later, and that will be sufficient to stop everything in its tracks?

What about the form I've received, do I have to tick anything in Section 1 regarding the Grounds for Appeal or anything?
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hcandersen
post Thu, 19 Dec 2019 - 09:30
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You just submit "full grounds of appeal to follow in due course" and worry about it in the new year.

This is a NTO, not an appeal where, irrespective of the circumstances of the case, and certainly misplaced in this case, this advice is trotted out regardless.

So, having encouraged the OP past the re-offered discount point, let's bring on the inevitable NOR and then we can console ourselves with it being a 'no brainer' to go to appeal.

OP, the problem you have is that as the discount was re-offered as part of a reply which spelt out the nature of the contravention, there are many(IMO far more than fewer) adjudicators who, seeing the clear contravention, would reject any grounds based on the wording of the grounds in the PCN. Whereas we could then beat our collective breasts that this shouldn't make any difference, the owner is the one who is out of pocket.
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efunc
post Thu, 19 Dec 2019 - 13:48
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I see, so basically you're saying that the above is a just a formality and I'll essentially need to pay up the full penalty before too soon in case it's increased yet again to £165?
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cp8759
post Thu, 19 Dec 2019 - 17:24
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QUOTE (efunc @ Thu, 19 Dec 2019 - 13:48) *
I see, so basically you're saying that the above is a just a formality and I'll essentially need to pay up the full penalty before too soon in case it's increased yet again to £165?

If you don't miss any deadlines, the PCN amount cannot increase. You may end up having to pay, but right now you have nothing to lose. You have until 8 January to submit a representation. Bump at the weekend and I'll draft something for you.

This post has been edited by cp8759: Thu, 19 Dec 2019 - 17:25


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efunc
post Thu, 19 Dec 2019 - 17:29
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ok, will do. Hopefully there's still a chance. Thanks
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efunc
post Sat, 21 Dec 2019 - 12:41
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So, I'll try and submit this by Monday/Tuesday at the latest to try and gain a seasonal advantage! If you could draft something in the meantime that would be magnificent! Thank you.
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PASTMYBEST
post Sat, 21 Dec 2019 - 12:53
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QUOTE (hcandersen @ Thu, 19 Dec 2019 - 09:30) *
You just submit "full grounds of appeal to follow in due course" and worry about it in the new year.

This is a NTO, not an appeal where, irrespective of the circumstances of the case, and certainly misplaced in this case, this advice is trotted out regardless.

So, having encouraged the OP past the re-offered discount point, let's bring on the inevitable NOR and then we can console ourselves with it being a 'no brainer' to go to appeal.

OP, the problem you have is that as the discount was re-offered as part of a reply which spelt out the nature of the contravention, there are many(IMO far more than fewer) adjudicators who, seeing the clear contravention, would reject any grounds based on the wording of the grounds in the PCN. Whereas we could then beat our collective breasts that this shouldn't make any difference, the owner is the one who is out of pocket.


Harsh HCA, the re offered discount had already expired before the OP opened the rejection letter, indeed the rejection and NTO were opened same day


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cp8759
post Mon, 23 Dec 2019 - 02:11
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All guns blazing approach likely to make HCA's blood boil, but hay-ho there's nothing to lose at this point. Keep all italics formatting exactly as I've used it below.

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Dear London Borough of Hounslow,

Regulation 19(2)(g) of The Civil Enforcement of Parking Contraventions (England) General Regulations 2007 requires that a Notice to Owner specify "the grounds on which the civil enforcement officer who served the penalty charge notice under regulation 9 or 9A believed that a penalty charge was payable with respect to the vehicle". It is a basic principle of English law that anyone accused of wrongdoing must be presented with exact, precise and particularised details of what it is that he is alleged to have done.

The rather convoluted wording of the allegation is:

Parked in a residents' or shared use parking place or zone without a
valid virtual permit or clearly displaying a valid physical permit or
voucher or pay and display ticket issued for that place where required,
or without payment of the parking charge


I challenge liability for the penalty charge on the basis of a procedural impropriety because this wording is duplicitous.

The allegation is parking in one of several types of bays or spaces, either without displaying any one of a number of things or without payment. There are at least five possible allegations and it is not at all clear exactly what it is that is alleged. An information laid before magistrates in the terms quoted in the NtO would be bad for duplicity, there is not reason to believe that in enacting the civil enforcement scheme, Parliament intended to relax the requirements for precision. Indeed, from looking into the PCN codes as drafted by London Councils, I have established the following suffix wording is available for contravention code 12:

residents’ bay
shared use bay
voucher/P&D ticket used in permit bay
electronic payment
wrong parking zone
obscured / illegible permit
virtual permit


It is self-evident that an appropriate combination of these suffixes would allow the council to specify the exact nature of the alleged contravention, and thus to specify the grounds on which it is believed the penalty charge is payable. I would refer the council to Andrew David Rush v London Borough of Southwark (2120562288, 05 January 2013) where the tribunal held that:

I see that the allegation in the Penalty Charge Notice is the standardised and rather complex wording of a "12"
allegation. It consists of 36 words and encompasses the possibility of application to three different types of parking
location and four different ways in which a contravention might occur.

The reason for this standardisation relates to how the Mayor of London authorises rates of penalty.

However this does not exempt the local authority from the legal necessity of giving to the Appellant an adequate
description of why the claim to penalty is being made: he must be able to make an informed decision as to whether to
pay the discount rate or dispute the PCN.


This rationale was upheld in Natalie van Dijk v London Borough of Islington (2150275729, 23 September 2015).

The council will almost certainly be tempted to reply to this representation by saying that it is unable to comment on other cases as each cases is decided on its own merits: That would however be an inexcusable cop-out because where a matter of principle is illustrated by a previous decision (such as the idea that the wording of contravention code 12 can be duplicitous if the appropriate suffix wording is not used to spell out the exact allegation), there is nothing to stop the council from addressing that issue on its merits and if the council were to say it is unable to comment, that in itself may amount to an unlawful fettering of discretion. The council is clearly able to comment and if the council states it is unable to do so, the inescapable conclusion is that it is simply unable to say anything to justify its position (the council could of course say that it agrees but that would sink its case, which is why the prospect of saying that it is unable to comment might be very tempting indeed).

Therefore if the council does not accept that, in the absence of suffix wording, the wording of contravention code 12 is duplicitous, the council is invited to outline its rationale in full in the Notice of Rejection.


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efunc
post Mon, 23 Dec 2019 - 15:04
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Thank you for that! It looks good. I'll try and get it in now and update the thread on the outcome as soon as I hear anything. Thanks again.
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efunc
post Tue, 28 Jan 2020 - 19:07
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So the Rejection of Representation arrived today:





Is this the end of the road or there some sense in proceeding to arbitration?
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efunc
post Thu, 30 Jan 2020 - 01:42
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Anyone have any thoughts on how to proceed now?
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cp8759
post Sat, 1 Feb 2020 - 11:38
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Well the discount is not on offer so it costs nothing to appeal. I suggest you register the appeal on the tribunal website and just tick the box saying further evidence to follow,


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efunc
post Thu, 6 Feb 2020 - 11:06
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Hi, thanks for your input. There's logic to your suggestion, however there's a couple of major hitches. I'm not sufficiently skilled or technically adept to understand the defence that was used, and certainly would not be able to articulate it with any creditability, should I need to, at an Appeal Tribunal! Is this usually a requirement?

Secondly, on the form there does not appear to be a box saying "further evidence to follow". Under 'Grounds of Appeal' there are 9 options to choose, but you have to choose one of them. You are then invited to present the details of appeal in the next section. I can also nominate a representative. So this is the stage at which I need to commit the argument to be presented at tribunal:





This post has been edited by efunc: Thu, 6 Feb 2020 - 11:16
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John U.K.
post Thu, 6 Feb 2020 - 11:53
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You need to write in Box 6 something like
I rely on my original representations and on full submission (to follow).
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efunc
post Thu, 6 Feb 2020 - 14:09
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QUOTE (John U.K. @ Thu, 6 Feb 2020 - 11:53) *
You need to write in Box 6 something like
I rely on my original representations and on full submission (to follow).


OK Thanks. But what is the full submission to follow? If they'll be expecting me to present some nuanced technical argument in defence of what supplied in my appeal, I'm going to be a bit stuck!

And in 5 I just select "procedural impropriety"?
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PASTMYBEST
post Thu, 6 Feb 2020 - 15:38
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We will help you let us know when the appeal is registered and you have a date. Give us time to do something


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