Two wheels on kerb Hounslow |
Two wheels on kerb Hounslow |
Mon, 15 Oct 2018 - 09:25
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#1
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Member Group: Members Posts: 420 Joined: 21 Mar 2014 Member No.: 69,597 |
Hi there, a friend of mine has reached out asking for assistance. He lives near Heathrow Airport where currently the Airport has arranged for homes within the vicinity to have building works done on them in preparation for the third runway. As a result, a lot of the narrow roads have got some wide HGVs driving around. As such, my friend parked his car with two wheels on the kerb to allow the scaffolding lorries to move freely. He received a PCN on Friday night. Bear in mind, CEOs are NEVER in that particular area as it is not a CPZ. The cynic in me is thinking that they knew that works are going on and residents may have parked up on kerbs at the request of the HGV drivers (as in my friend's case) and so they've done the natual thing that any London council does, pounce on the opportunity to make some money.
I know in London you can't park on a kerb including partially however when I looked at the PCN the 14 days and 28 days dates shown on the PCN appear to be wrong. The 14 days for the discount date is shown as the 28/10/2018 when this appears to be 16 days (with day 1 being the day after the PCN was issued). Similarly, the 28 days to pay is shown as 11/11/2018 which appears to be 30 days. If anyone is able to assist it would be much appreciated. This post has been edited by rsg444: Mon, 15 Oct 2018 - 10:34 |
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Mon, 15 Oct 2018 - 09:25
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Wed, 28 Nov 2018 - 14:32
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#21
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
We always recommend posting a draft here for comment before submitting it to the council, but you're spot on in regard to the points that need to be made. If you open the representations by stating that the contravention is not in dispute, this will make most of their response irrelevant.
-------------------- 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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Thu, 29 Nov 2018 - 10:07
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#22
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Member Group: Members Posts: 420 Joined: 21 Mar 2014 Member No.: 69,597 |
Thank you cp8759.
My representations will be as follows: Dear Hounslow Parking: RE PCN XXXX Issued on DATE I hereby submit formal representations in relation to the PCN that was issued to my vehicle VRM XXXX. The reason for my representation is as follows: Procedural Impropriety In my challenge that was submitted on DATE I stated that I did not dispute parking my vehicle with more than one wheel on the kerb. I also explained the reason for this. What I did query was the incorrect dates that were on the PCN. For example, the date displayed in which I could receive a 50% discount was 16 days as opposed to the legislated 14 days. Furthermore, the date displayed in relation to the statutory limit of 28 days was actually 30 days. I questioned why this was the case yet in your response to my challenge you totally ignored the point that I had raised and instead insisted that a contravention had occurred and sent me pictures despite the fact that I was not even disputing it (which again I do not dispute). Your failure to address my question meant that I was unable to make a fair judgement as to what steps I should take next during the discounted period - my question had not been answered so I was forced to ask my question again at the representation stage. In addition to the fact that you as the issuing authority failed to respond to my point, there is also the procedural impropriety in itself regarding the statutory dates. In the PCN you stated I had 14 days in which the discount was available but the date you displayed was actually 16 days, and similarly date shown for the 28 days in which I had to send representations was actually 30 days. This caused confusion and also did not comply with legislation and hence the sum that can be asked from the PCN in my opinion is nil. It is not unreasonable for me to expect that an issuing authority acts in a just and legal manner which in this case you did not do. In addition to this, you as the issuing authority showed no discretion in relation to Heathrow expansion work that is now being carried out across the area. As such I request that the PCN is duly cancelled so as not to burden the adjudication process. Regards. PCN Recipient |
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Thu, 29 Nov 2018 - 16:27
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#23
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
I've made a few tweaks:
Dear Hounslow Parking: RE PCN XXXX Issued on DATE I hereby submit formal representations in relation to the PCN that was issued to my vehicle VRM XXXX. The reason for my representation is as follows: Procedural Impropriety In my challenge that was submitted on DATE I stated that I did not dispute parking my vehicle with more than one wheel on the kerb. I also explained the reason for this. What I did query was the incorrect dates that were on the PCN. For example, the date displayed in which I could receive a 50% discount was 16 days as opposed to the legislated 14 days. The date should have been XX/XX/2018 but based on the regulations, it should have been XX/XX/2018 instead. Furthermore, the date displayed in relation to the statutory limit of 28 days was actually 30 days, the correct date according to the regulations is XX/XX/2018 but the date on the PCN was XX/XX/2018. I questioned why this was the case yet in your response to my challenge you totally ignored the point that I had raised and instead insisted that a contravention had occurred and sent me pictures despite the fact that I was not even disputing it (which again I do not dispute). Your failure to address my question meant that I was unable to make a fair judgement as to what steps I should take next during the discounted period - my question had not been answered so I have been forced to raise the same point again at the formal representation stage. The dates on the PCN are ambiguous and convey contradictory information, this is a procedural impropriety which means the PCN must be cancelled. I trust you will not cancel the PCN so as not to burden the adjudication process. Regards. PCN Recipient -------------------- 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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Fri, 30 Nov 2018 - 12:01
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#24
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Member Group: Members Posts: 420 Joined: 21 Mar 2014 Member No.: 69,597 |
Thanks!
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Mon, 11 Feb 2019 - 10:27
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#25
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Member Group: Members Posts: 420 Joined: 21 Mar 2014 Member No.: 69,597 |
Hi there,
So on the 30th November my friend sent off his representations following the NTO. It was sent using their online appeals form. On submission he received no email receipt, so two days later he sent an email to their customer contact team stating that he sent his representations but did not receive an email confirmation, please could they confirm that they had received it - he has proof that he sent this email. Obviously he received no response. Anyway, the 56 days passed on the 25th January, he has not received any communications. He's looked up the PCN online and the status is "NTO sent" and that's it. Any suggestions what he should do - should he just wait. My concern is that the council will play dirty, pretend they didn't receive anything and then try and send a charge certificate. |
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Mon, 11 Feb 2019 - 12:22
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#26
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
Any suggestions what he should do - should he just wait. My concern is that the council will play dirty, pretend they didn't receive anything and then try and send a charge certificate. Not a problem, if they do that you just wait for the order for recovery and then file a witness statement to get the penalty reset. -------------------- 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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Fri, 15 Feb 2019 - 11:49
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#27
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Member Group: Members Posts: 420 Joined: 21 Mar 2014 Member No.: 69,597 |
Thanks cp.
Maybe I was a little too hasty, yesterday my friend received a letter stating that as Hounslow had not responded within 56 days they had cancelled the PCN! I think it was probably better for them to ignore it than acknowledge their PCN was wrong. Many, many thanks for you help with this! |
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Fri, 15 Feb 2019 - 12:33
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#28
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
It's more likely they just have a backlog, but they cancelled which is all that matters.
-------------------- 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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