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BONGOBOY
post Wed, 14 Feb 2018 - 18:33
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Firstly, Thanks for all replies to my query.
I will post the photo of my car.
The PCN had the reason of
01 Parked in a restricted street during prescribed hours.

I am parked outside my business, not on the double yellow lines.
I managed to stop the parking attendant before he raced off, and he said i was given the ticket as i was parked on the pavement.
There are no signs to restrict parking on a pavement.
The council is Leeds.

Thanks
Bongoboy

This post has been edited by BONGOBOY: Sat, 17 Feb 2018 - 17:59
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post Wed, 14 Feb 2018 - 18:33
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cp8759
post Sat, 14 Apr 2018 - 16:58
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The points made by Mad Mick V are relevant because the PCN says "Failure to pay at this stage will result in the penalty charge increasing by 50%", this is a procedural impropriety which makes the PCN null and void. I would add the wording he has suggested to your formal representations.


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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.
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BONGOBOY
post Sat, 14 Apr 2018 - 17:05
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Front of PCN
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BONGOBOY
post Sat, 2 Jun 2018 - 09:48
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Mad Mick previously advised re this & advised to quote several PATAS cases when making formal represntations.
I cannot find where these PATAS cases are stored, in order to read them.

Would anyone please be kind enough to know.

Mad Mick previously advised as follows:

[color="#FF0000"][i]The PCN is ineffective for enforcement purposes because it contravenes the enabling legislation.

1. The PCN states that failure to pay will result in an increased charge. This relates to the Charge Certificate procedure. 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 legislation indicates the Council “may” but the Council indicates that charge “will” be increased rather than considering whether to do so under their discretionary power. This represents a procedural impropriety.

As regards the will/may situation I would refer the Council to TPT case UW05060M which adequately describes the issue.

2. The second issue on the PCN is that, in specifying that the charge will be increased and that action by baliffs will occur, the Council has indicated action will be taken well before it should. This step is procedurally premature and prejudicial to the PCN recipient.

This represents a procedural impropriety which renders the PCN a nullity and unenforceable. The Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007 clearly states:-

4(5) In these Regulations “procedural impropriety” means a failure by the enforcement authority to observe any requirement imposed on it by the 2004 Act, by the General Regulations or by these Regulations in relation to the imposition or recovery of a penalty charge or other sum and includes in particular—

(a) the taking of any step, whether or not involving the service of any document, otherwise than—
(i)in accordance with the conditions subject to which; or
(ii)at the time or during the period when, it is authorised or required by the General Regulations or these Regulations to be taken;

I argue that the Charge Certificate actions noted in a PCN mean the Council has taken a step long before it is due and therefore this represents a procedural impropriety.
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stamfordman
post Sat, 2 Jun 2018 - 09:53
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You've done it again - this is about this?

http://forums.pepipoo.com/index.php?showto...p;mode=threaded
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John U.K.
post Sat, 2 Jun 2018 - 09:55
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Does trhis relate to this thread
http://forums.pepipoo.com/index.php?showto...amp;mode=linear

If so hit report and ask a Mod to merge.
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BONGOBOY
post Sat, 2 Jun 2018 - 10:06
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Yes it does refer to my previous post.
I couldnt locate my previous Topic, so apologies.

How do you search for your previous topics.
Its a mystery to me !
wink.gif
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cp8759
post Sat, 2 Jun 2018 - 10:09
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QUOTE (BONGOBOY @ Sat, 2 Jun 2018 - 11:06) *
Yes it does refer to my previous post.
I couldnt locate my previous Topic, so apologies.

How do you search for your previous topics.
Its a mystery to me !
wink.gif

There's a box in the upper right hand corner that says "Google Custom Search". You might also want to just bookmark your own thread as it's somewhat relevant to you.


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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.
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BONGOBOY
post Sat, 2 Jun 2018 - 10:10
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Hi,

I am about to make formal represntations.
Is there a link to previous PATAS cases in particular PATAS 212058885A ?

Thanks
BongoBoy
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cp8759
post Sat, 2 Jun 2018 - 10:18
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QUOTE (BONGOBOY @ Sat, 2 Jun 2018 - 11:10) *
Hi,

I am about to make formal represntations.
Is there a link to previous PATAS cases in particular PATAS 212058885A ?

Thanks
BongoBoy

Go to https://londontribunals.org.uk/ and open "Statutory Registers", then "search" under "Environment and Traffic Adjudicators (ETA)"


--------------------
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.
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BONGOBOY
post Sat, 2 Jun 2018 - 11:32
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Thanks CP8759. Very helpful. Appreciated.
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