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Swale Borough Council - Parked for longer than permitted
Phaeton55
post Tue, 25 Jun 2019 - 10:07
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Good morning!

Received a Notice to Owner (posting date 30.05.2019), regarding a contravention (27.04.2019) I wasn't aware of.
No PCN affixed to the car, according to the evidence it was shoved under the window wiper.

I have requested, via the provided email address, a copy of the original PCN and notes.
However, so far I have not heard anything back from the council. Not even an acknowledgement.

Running out of time to lodge a formal appeal. I would appreciate your input in the case.
NTO Front : https://ibb.co/hFPwFdv
NTO Back : https://ibb.co/CHLfz4H
NTO Evidence : https://ibb.co/T1jGLzb

Online Evidence:
https://ibb.co/bNrw03G
https://ibb.co/yNH424F
https://ibb.co/wRwp33X
https://ibb.co/xzdczqg
https://ibb.co/Cb14Y8c

Request sent for copy of PCN and notes:
https://ibb.co/fXxsxsY

Email:
https://ibb.co/SsCz5Fv

Once again many thanks to seeing my options in this PCN and see if there are grounds for an appeal.

This post has been edited by Phaeton55: Tue, 25 Jun 2019 - 10:27
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post Tue, 25 Jun 2019 - 10:07
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PASTMYBEST
post Tue, 25 Jun 2019 - 11:14
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Sunday the 30th is the last day for representations.

Tell us the story you parked when ? why? when is important re the contravention and why my have a bearing on any exemptions.

there is a flaw with the NTO it says they will serve a CC and increase the penalty. The regulations only allow that they may. This is a winner on its own

see this case

https://1drv.ms/b/s!AtBHPhdJdppVsynDL9k2WRV9WUQ5


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Mad Mick V
post Tue, 25 Jun 2019 - 11:16
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NTO is a nullity with the will/may ground.
Mick
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Phaeton55
post Tue, 25 Jun 2019 - 11:36
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@pastmybest & @Mad Mick V
Thanks for your finding on the may/will ground.


As most likely would have been the case, my other half parked there the night before the contravention occurred, due to no space available in our streets (permitted zone, but not after 6 pm). Hence she had to find an alternative parking space. Usually moves the car in the morning to our residential street. This is a constant issue due to the limited amount of spaces and terrible parking of fellow residents.








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cp8759
post Tue, 25 Jun 2019 - 13:51
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So I would draft a representation based on two grounds, firstly mitigation (with reference to you being a permit holder and this being a first contravention), and secondly round the will / may issue. Put a draft on here for review before sending it off.


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Phaeton55
post Tue, 25 Jun 2019 - 14:02
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Thanks @cp8759

Should I mention anything about the lack of providing requested evidence at this stage?


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cp8759
post Wed, 26 Jun 2019 - 13:04
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QUOTE (Phaeton55 @ Tue, 25 Jun 2019 - 15:02) *
Thanks @cp8759

Should I mention anything about the lack of providing requested evidence at this stage?

They don't have to provide anything at this stage, and the fact that the PCN was not found on the car is not strictly relevant. If you mention it that should make them more inclined to re-offer the discount but given the will / may flaw, it hardly matters if they do as our advice will be to appeal to the tribunal anyway.

They'll probably include some photos in the informal rejection letter.


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Phaeton55
post Fri, 28 Jun 2019 - 13:52
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Many thanks for sparing a minute to look at my appeal.


Should I send it as an informal or formal appeal?
Please feel free to comment or edit in google docs:

https://docs.google.com/document/d/1izJ385W...dit?usp=sharing



-------------------------------------
Swale Borough Council

Sittingbourne 26.06.2019

Dear Sir/Madam,

I am writing to appeal against the Penalty Charge Notice KL00519977 issued on 27.04.2019.

1. Request for discretion

I would invite the council to show discretion on issuing this PCN. As a valid permit holder to park in my residential street we are faced on a daily basis with a shortage of parking spaces after 6 pm. This leads to numerous times of driving around the block to find an appropriate parking place. In this instance, I had to park my car overnight in West Street. Generally, I would move my car first thing in the morning before 8 am to prevent myself from parking in contravention. On this occasion, it slipped my mind that the car was still parked in front of the shops and I moved it as soon as I realised this. Upon my return, I did not see a PCN affixed to my car. Therefore missing out on the 50% discount rate that was offered to the driver.

2. Procedural Impropriety

On further inspection of the Notice to Owner that I received, I noticed that it does not comply with the requirements of the legislation since it is misleading as to the possible consequences of a failure to pay the penalty or submit an appeal. The legislation does not impose a mandatory obligation on the Authority to serve a Charge Certificate where the Penalty Charge Notice remains unpaid and an appeal is not submitted. The current wording of the Notice to Owner implies that the Council will issue a Charge Certificate regardless omitting the fact that the discretionary power the Council holds at any given stage.


Based on both grounds I kindly request you to annul the Penalty Charge Notice.


Kind regards,


---------------------------


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PASTMYBEST
post Fri, 28 Jun 2019 - 13:58
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QUOTE (Phaeton55 @ Fri, 28 Jun 2019 - 14:52) *
Many thanks for sparing a minute to look at my appeal.


Should I send it as an informal or formal appeal?
Please feel free to comment or edit in google docs:

https://docs.google.com/document/d/1izJ385W...dit?usp=sharing



-------------------------------------
Swale Borough Council

Sittingbourne 26.06.2019

Dear Sir/Madam,

I am writing to appeal against the Penalty Charge Notice KL00519977 issued on 27.04.2019.

1. Request for discretion

I would invite the council to show discretion on issuing this PCN. As a valid permit holder to park in my residential street we are faced on a daily basis with a shortage of parking spaces after 6 pm. This leads to numerous times of driving around the block to find an appropriate parking place. In this instance, I had to park my car overnight in West Street. Generally, I would move my car first thing in the morning before 8 am to prevent myself from parking in contravention. On this occasion, it slipped my mind that the car was still parked in front of the shops and I moved it as soon as I realised this. Upon my return, I did not see a PCN affixed to my car. Therefore missing out on the 50% discount rate that was offered to the driver.

2. Procedural Impropriety

On further inspection of the Notice to Owner that I received, I noticed that it does not comply with the requirements of the legislation since it is misleading as to the possible consequences of a failure to pay the penalty or submit an appeal. The legislation does not impose a mandatory obligation on the Authority to serve a Charge Certificate where the Penalty Charge Notice remains unpaid and an appeal is not submitted. The current wording of the Notice to Owner implies that the Council will issue a Charge Certificate regardless omitting the fact that the discretionary power the Council holds at any given stage.


Based on both grounds I kindly request you to annul the Penalty Charge Notice.


Kind regards,


---------------------------


it is against the NTO so a formal representation


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cp8759
post Fri, 28 Jun 2019 - 16:48
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I've updated your draft, send the revised version together with a copy of this: http://bit.ly/2UqVTSF


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Phaeton55
post Mon, 1 Jul 2019 - 09:11
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Many thanks all, appeal made. Will keep you posted on progess

This post has been edited by Phaeton55: Mon, 1 Jul 2019 - 10:00
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Phaeton55
post Thu, 18 Jul 2019 - 09:57
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Notice of Rejection Representations received !

https://ibb.co/c23qvqN
https://ibb.co/prqH4FP
https://ibb.co/CHBw8J9
https://ibb.co/hMtrqYs


Been offered the discounted rate of the PCN. Disregarded the appeal on most points.
Still havent received a copy of the notes or original PCN as requested via email.

Any thoughts on this rejection would be much appreciated as always.

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cp8759
post Thu, 18 Jul 2019 - 10:20
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Well they've failed to consider the procedural impropriety, and if your representation is rejected you're entitled to an explanation, see Jaffer Husseyin v Royal Borough of Greenwich (2170256432, 03 July 2017) and in particular this paragraph:

The Rejection Notice has every appearance of a pro-forma letter and does not deal at all with the representations made. The response required was a very simple one, namely words to the effect that that whilst we accept that you had a permit on display you were not parked in the road to which it applied – see terms of permit. Motorists are entitled to have their representations properly considered and an explanation, even if brief, why they are rejected. I am unable to be satisfied that in issuing this rejection notice the Council had properly performed its statutory duty to consider representations and this amounts to procedural impropriety. The Appeal is therefore allowed.

The rejection doesn't even mention the alleged procedural impropriety, the council has therefore failed to consider your representation (probably because they don't understand it). I would suggest it's a no brainer to appeal at this point, as this council doesn't appear remotely equipped to deal with this sort of technical argument.


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Phaeton55
post Thu, 18 Jul 2019 - 10:27
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Thanks @cp8759 for your post.

How does it stand with offering the discounted rate at 25 GBP but on page 2 - 3. How to Pay, it says 50 GBP.
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cp8759
post Thu, 18 Jul 2019 - 10:37
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They're required to tell you the outstanding full penalty amount, but they're entitled to re-offer the discount if they wish. It's only really an issue if they've said that they'll accept £25 but on the website it only gives you the option of paying £50.


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Phaeton55
post Tue, 6 Aug 2019 - 15:13
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Hi there !

How do I work out the latest date to lodge the appeal to Traffic Penalty Tribunal? 28 days from 16.07.19?
(currently abroad and not all details to hand)

Many thanks
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PASTMYBEST
post Tue, 6 Aug 2019 - 15:34
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QUOTE (Phaeton55 @ Tue, 6 Aug 2019 - 16:13) *
Hi there !

How do I work out the latest date to lodge the appeal to Traffic Penalty Tribunal? 28 days from 16.07.19?
(currently abroad and not all details to hand)

Many thanks


last date to register an appeal is the 14th of August. You can simply register it and in the reasons box write full submission to follow grounds the contravention did not occur and procedural impropriety


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Phaeton55
post Mon, 12 Aug 2019 - 12:54
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Hi @ATPASTMYBEST

Thank you for response, just working on the appeal.
You mention to also appeal on : contravention did not occur.
How would i further subtantiate this to the Tribunal?

Many thanks
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cp8759
post Mon, 12 Aug 2019 - 13:02
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QUOTE (Phaeton55 @ Mon, 12 Aug 2019 - 13:54) *
How would i further subtantiate this to the Tribunal?

You don't, just register the appeal for now and let's see if the council even bothers to contest it. If it does, we'll write the substantive appeal for you.


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Phaeton55
post Thu, 22 Aug 2019 - 11:49
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How long does the Council have to provide evidence? Is there a set time for this. Couldn't find the information on the Traffic Penalty Tribunal website.

[update]
They just uploaded all the evidence

This post has been edited by Phaeton55: Thu, 22 Aug 2019 - 11:52
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