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PCN 624 appeal in London Borough of Hounslow, Incorrect wording, can appeal on technicality?
krome1872
post Sat, 3 Nov 2018 - 12:22
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I was at a restaurant, and there was a forecourt outside which had bays and private parking. The cars immediately outside the restaurant did not get tickets whereas the cars that were near the road did. I enclose a copy of the PCN which is contravention 624.

This means that 4 wheels were on the footpath, but looking at the way it has been written

"Parked with one or more wheels on any part of an urban road other than a carriageway. (footway parking)"

Whereas from the London Councils contravention code list reveals it should have been written as

"Parked with one or more wheels on or over a footpath or any part of a road other than a carriageway"

Is this enough of a technicality to appeal and get the ticket quashed?

Many thanks



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post Sat, 3 Nov 2018 - 12:22
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PASTMYBEST
post Sat, 3 Nov 2018 - 12:29
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Its won before but not a sure thing. Post the council photos and back of the PCN


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krome1872
post Sat, 3 Nov 2018 - 13:10
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There was no photo with the ticket. Ticket was placed on the windscreen.
Here is the reverse. Thanks

Looking at the streetview map, I was prob marginally in the wrong as I did not park right outside, but if its incorrectly written, then its worth a shot.

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cp8759
post Sat, 3 Nov 2018 - 15:14
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The photos will be on the council website. A technical appeal can be pursued because, as far as I can see, the contravention on the PCN has no published levels of charges, contrary to the mandatory requirement in paragraph 9 of schedule 3 to the Traffic Management Act 2004.


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krome1872
post Sat, 3 Nov 2018 - 17:57
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I am pretty sure that I was parked on what the council would say a non roadway and it is shared with pedestrians. However if the PCN is written unlawfully then I have the right to have it revoked.
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cp8759
post Sat, 3 Nov 2018 - 18:22
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Show us the pictures anyway, it's better to challenge a PCN on two grounds rather than one. If nothing else, the council may mess up the response.


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krome1872
post Sat, 3 Nov 2018 - 18:42
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I've requested the image. they will send me an email when its ready to download.
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Incandescent
post Sat, 3 Nov 2018 - 19:41
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QUOTE
However if the PCN is written unlawfully then I have the right to have it revoked

Only if you take the matter to adjudication and risk the full PCN penalty of £130, the discount is not available if you do this. An adjudicator may well find the PCN compliant with the legislation.
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krome1872
post Mon, 5 Nov 2018 - 08:57
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The paymyPCN website has no info of the photo, I have emailed hounslow council, but I am mindful that the deadline is Friday, but want know how to proceed Thurs night at the latest.
Many thanks.
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cp8759
post Mon, 5 Nov 2018 - 12:12
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If you don't get the pictures in time, write a challenge based on the PCN wording (you can adapt ground 2 here http://forums.pepipoo.com/index.php?showto...p;#entry1430504 ) and in the challenge itself ask for pictures, if they reject they will normally re-offer the discount.


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krome1872
post Mon, 5 Nov 2018 - 18:42
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Ok finally got the photos, they look pretty bad but was wondering what does the forum think of arguing on a technicality.
Where would I get the best phrasing of this to put in an appeal if I was going down this route?

Many thanks

This post has been edited by krome1872: Mon, 5 Nov 2018 - 18:44
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cp8759
post Mon, 5 Nov 2018 - 19:12
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You could challenge on the wording of the contravention, up to you whether you want to play the double or nothing game at the tribunal.


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krome1872
post Tue, 6 Nov 2018 - 08:37
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Could someone help me in writing a response in legalese? I will appeal and see what happens, but I have a feeling that they use AI and a human only sees it at the very last minute.
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cp8759
post Tue, 6 Nov 2018 - 16:27
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QUOTE (krome1872 @ Tue, 6 Nov 2018 - 08:37) *
Could someone help me in writing a response in legalese? I will appeal and see what happens, but I have a feeling that they use AI and a human only sees it at the very last minute.

The council using AI? I think you over-estimate their capabilities quite a bit. Here's what you could write:
----------------
Paragraph 9 of schedule 9 of the Traffic Management Act 2004 provides that:

"An enforcement authority for an area outside Greater London shall publish, in such manner as the appropriate national authority may determine, the levels of charges set under this Part of this Schedule."

I have consulted the www.londoncouncils.gov.uk/services/parking-services/parking-and-traffic/parking-information-professionals/contravention-code website (this being the website of the joint committee constituted under section 101(5) of the Local Government Act 1972 for the purposes found at regulation 15 of the The Civil Enforcement of Parking Contraventions (England) General Regulations 2007), on this website the joint committee has published a list of contravention codes together with the levels of charges for each contravention.

The contravention description given for code 62 is "Parked with one or more wheels on or over a footpath or any part of a road other than a carriageway", and the table on the committee's website confirms this is a higher level contravention.

The contravention description on the PCN, "Parked with one or more wheels on any part of an urban road other than a carriageway", does not appear on the joint committee's website, and there is no evidence that the enforcement authority has published the level of charges for "Parked with one or more wheels on any part of an urban road other than a carriageway" anywhere else, as such in relation to this contravention, the enforcement authority has failed to comply with its duty to publish the level of charges.

Regulation 4(5) of The Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007 provides that failure to follow a requirement of the Traffic Management Act 2004 is a procedural impropriety:

"(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..."

By seeking to enforce a penalty for which there are no published levels of charges, contrary to the requirements of paragraph 9 of schedule 3 of the Traffic Management Act 2004, the enforcement authority has committed a procedural impropriety which means the penalty charge must be cancelled.


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krome1872
post Wed, 7 Nov 2018 - 22:57
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ok sent the appeal, however there is no confirmation email, so I took a screenshot .
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krome1872
post Mon, 12 Nov 2018 - 22:14
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I got a reply back and they rejected it. I thought I had 14 days after a rejection to pay the reduced rate:

Thank you for writing to us regarding the above Penalty Charge Notice.
We have carefully considered what you say but we have decided not to cancel your Penalty
Charge Notice.
You were given a Penalty Charge Notice for parking with one wheel (or more) on the pavement
or off the road. Pavement or off-road parking is not allowed unless signs say otherwise. This
rule applies 24 hours a day, seven days a week, and is enforced because vehicles:
• can get in the way of pedestrians, especially blind people or people with prams; and
• can damage paving or underground pipes.
We have investigated your case and are satisfied that your Penalty Charge Notice was given
correctly.
The enclosed photos help to show why your Penalty Charge Notice was given.

You have these choices:
• You can pay £110.00 within 28 days of the date your Penalty Charge Notice was issued. (It is
now too late to pay at the discount rate.)
• As you have made a challenge (informal representation) you can still make a formal
representation against your Penalty Charge Notice by using a Notice to Owner form. The
vehicle's owner will automatically receive the form if the Penalty Charge Notice has not been
paid within 28 days of its issue date. If you decide to make a formal representation against your
Penalty Charge Notice, please do not write to us again but wait until the Notice to Owner form
arrives. When the form arrives, it will be too late to pay at the discount rate. The form will guide
you through the representation and/or payment options. Should you make a representation that
we do not accept, there is a further option to appeal to an independent parking adjudicator at
the Environment and Traffic Adjudicators. This will be explained in our response to the
representation. You must go through the process of making a formal representation with the
Council before exercising your rights to appeal. This will enable the independent parking
adjudicator to determine whether your case has been considered fully by the Council.
How to pay
• online at www.hounslow.gov.uk
• by phone (24 hours). Please have your credit or debit card and Penalty Charge Notice
number (see above) ready. Then call 0333 800 0107.
• by post Please make your cheque payable to 'London Borough of Hounslow', write your
Penalty Charge Notice number (see above) and vehicle registration on the back, then send it
to: London Borough of Hounslow (Parking Services), PO Box 211, Sheffield S98 1NG.
Yours sincerely
Correspondence Team
On behalf of the London Borough of Hounslow


I appealed using hounslow.gov.uk and they don't give me the option of a reduced payment but £110
What is the best way to proceed.
Thank you.
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PASTMYBEST
post Mon, 12 Nov 2018 - 23:17
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they have all but handed you a win. whilst there is no legislation that requires that they re offer the discount, they have undertaken to do so on the PCN in not doing so they demand a penalty that exceeds the relevant amount in the circumstances of the case.

wait for the NTO


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cp8759
post Mon, 12 Nov 2018 - 23:35
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QUOTE (PASTMYBEST @ Mon, 12 Nov 2018 - 23:17) *
they have all but handed you a win. whilst there is no legislation that requires that they re offer the discount, they have undertaken to do so on the PCN in not doing so they demand a penalty that exceeds the relevant amount in the circumstances of the case.

wait for the NTO

+1, they've failed to consider your representations (in fact they've ignored them) which is arguably a procedural impropriety, but more importantly because you made reps inside the 14 day discount period, and they have committed themselves to extending the discount in these circumstances, the amount now demanded exceeds the amount due.


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