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PCN: Dropped kerbway - Parking Contravention Code: 27, PCN: Dropped kerbway - Parking Contravention Code: 27
ilford
post Fri, 13 Jul 2018 - 15:32
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Hi All,
I need your help regarding the parking ticket I got on 10 of July.
Please have a look at the pictures and let me know is it worth challenging?
If it is worth challenging then what should I say?
I did some search on the Google, and it suggested that a PCN has issued adjacent to the dropped curb of a single residential building, where the dropped footway permits access to residential premises. The code 27 is only enforced in response to complaints. That means someone complained about my parking and they gave me a ticket.


I have found a topic on this forum. Please click this to see the earlier post..

Just wondering shall I just follow it or is there any updates.

Thanks in advance.







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post Fri, 13 Jul 2018 - 15:32
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hcandersen
post Mon, 15 Oct 2018 - 11:26
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That you'd win at adjudication is not in doubt, the only issue being whether you would get costs in your favour.

If it were me (and I am engaged in this at present with my county council) after you win I would also formally complain through the council's complaints system on the basis that their actions are likely to lead to maladministration, therefore ultimately bringing this within the scope of the LG Ombudsman.

This post has been edited by hcandersen: Mon, 15 Oct 2018 - 11:29
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ilford
post Mon, 15 Oct 2018 - 13:59
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QUOTE (stamfordman @ Mon, 15 Oct 2018 - 11:23) *
Redbridge is continuing to misstate the law. They should be taken to task on this. They know full well what they are doing and have cancelled other similar ones when appealed, eg recently:

http://forums.pepipoo.com/index.php?showtopic=121132

and this ongoing one:

http://forums.pepipoo.com/index.php?showtopic=123118

The best step is to just register the appeal. No need to send evidence yet. I expect Redbridge won't contest it.


Thanks, a lot. Just to clarify for me, so I will just register the appeal to https://www.londontribunals.gov.uk/ and no need to send any evidence to them? (I only have the pictures from the council which I have posted to the very beginning of this topic).

Regards.
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John U.K.
post Mon, 15 Oct 2018 - 14:39
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QUOTE
Just to clarify for me, so I will just register the appeal to https://www.londontribunals.gov.uk/ and no need to send any evidence to them

Opt for personal hearing if possible (you can always change later).
In the box for submissions write something like
I rely on my original representations and full submission(to follow).

LT will reply with date of hearing and date by which what they will call 'furher evidence' should be sent in.

Never guaranteed that authority will not contest.

If they conmtinue, Authority will submit Evidence Pack (with copy to you) as the next step.

This post has been edited by John U.K.: Mon, 15 Oct 2018 - 14:40
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ilford
post Mon, 15 Oct 2018 - 16:34
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QUOTE (John U.K. @ Mon, 15 Oct 2018 - 15:39) *
QUOTE
Just to clarify for me, so I will just register the appeal to https://www.londontribunals.gov.uk/ and no need to send any evidence to them

Opt for personal hearing if possible (you can always change later).
In the box for submissions write something like
I rely on my original representations and full submission(to follow).

LT will reply with date of hearing and date by which what they will call 'furher evidence' should be sent in.

Never guaranteed that authority will not contest.

If they conmtinue, Authority will submit Evidence Pack (with copy to you) as the next step.



Thanks a lot. I will get back to when it is done.
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ilford
post Mon, 22 Oct 2018 - 11:19
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Hi All,

My tribunal requested hearing date is: 12:30 - 13:00 Saturday 24 November 2018.

Here is what on the online tribunal page.






A couple of quick questions:

1. Was the appeal only suppose to be done in 28 days from the date the letter was printed (in my case 4th of Oct)?
2. Or the appeal and hearing date suppose to be done in 28 days from the date the letter was printed (in my case 4th of Oct)?

I think it is the first one but want to clarify myself.

It will be beneficial for me if anyone can help me what kind of further supporting evidence I should provide.

Many thanks for your support and kind help.


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cp8759
post Mon, 22 Oct 2018 - 13:00
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The hearing takes place when the tribunal has time to hear your case, there is no deadline for that.


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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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ilford
post Tue, 23 Oct 2018 - 18:13
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Hi All,

My hearing is confirmed and will be on 24th November 2018 at 12:30 at London Tribunals, Chancery Exchange. See the confirmation letter. Wish me luck please and any suggestion regarding preparation that will be great.




Thank you all.
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stamfordman
post Tue, 23 Oct 2018 - 18:45
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I'll continue my bet that Redbridge won't contest and you'll be saved the time. Shame as I expect it's an experience.
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cp8759
post Tue, 23 Oct 2018 - 19:47
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QUOTE (stamfordman @ Tue, 23 Oct 2018 - 19:45) *
I'll continue my bet that Redbridge won't contest and you'll be saved the time. Shame as I expect it's an experience.

It helps with the claim for costs though. We've had previous "sloping kerb" cases where adjudicators have hinted that they might award costs where none of the car was over the dropped kerb, not even to a de-minimis extent. As in this case the car wasn't over the dropped kerb at all, I recon a costs claim should succeed especially if they DNC it.

ilford, I presume you'll entertain us and submit a claim for £72 against the council after you've won your appeal? I can draft something for you for that.


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ilford
post Tue, 23 Oct 2018 - 21:42
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QUOTE (cp8759 @ Tue, 23 Oct 2018 - 20:47) *
QUOTE (stamfordman @ Tue, 23 Oct 2018 - 19:45) *
I'll continue my bet that Redbridge won't contest and you'll be saved the time. Shame as I expect it's an experience.

It helps with the claim for costs though. We've had previous "sloping kerb" cases where adjudicators have hinted that they might award costs where none of the car was over the dropped kerb, not even to a de-minimis extent. As in this case the car wasn't over the dropped kerb at all, I recon a costs claim should succeed especially if they DNC it.

ilford, I presume you'll entertain us and submit a claim for £72 against the council after you've won your appeal? I can draft something for you for that.



cp8759, that will be great wink.gif wink.gif
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ilford
post Fri, 16 Nov 2018 - 15:56
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Hi All,

Hope you are doing well. As my tribunal is approaching I am just wondering do I need to prepare anything?
Any advice will be much appreciated.


Thanks.
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PASTMYBEST
post Fri, 16 Nov 2018 - 15:59
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QUOTE (ilford @ Fri, 16 Nov 2018 - 15:56) *
Hi All,

Hope you are doing well. As my tribunal is approaching I am just wondering do I need to prepare anything?
Any advice will be much appreciated.


Thanks.


have you recieved the council evidence pack. if so post the summary


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ilford
post Mon, 19 Nov 2018 - 10:55
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QUOTE (PASTMYBEST @ Fri, 16 Nov 2018 - 16:59) *
QUOTE (ilford @ Fri, 16 Nov 2018 - 15:56) *
Hi All,

Hope you are doing well. As my tribunal is approaching I am just wondering do I need to prepare anything?
Any advice will be much appreciated.


Thanks.


have you recieved the council evidence pack. if so post the summary



Hi PASTMYBEST

Thanks for your reply.

Nope, I have not received the council evidence pack on the post but all the evidence on their websites already posted on the very beginning of this post.
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stamfordman
post Mon, 19 Nov 2018 - 11:05
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QUOTE (ilford @ Mon, 19 Nov 2018 - 10:55) *
Nope, I have not received the council evidence pack on the post but all the evidence on their websites already posted on the very beginning of this post.



Council must send evidence in a standard format to the tribunal, copied to you. They are still in time to do this as your appeal is on 24 Nov but are running out of time...

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ilford
post Mon, 19 Nov 2018 - 14:09
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QUOTE (stamfordman @ Mon, 19 Nov 2018 - 12:05) *
Council must send evidence in a standard format to the tribunal, copied to you. They are still in time to do this as your appeal is on 24 Nov but are running out of time...

Just wondering do I need to do anything from my side to give a notch to the council or just wait for their pack?
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stamfordman
post Mon, 19 Nov 2018 - 14:40
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QUOTE (ilford @ Mon, 19 Nov 2018 - 14:09) *
QUOTE (stamfordman @ Mon, 19 Nov 2018 - 12:05) *
Council must send evidence in a standard format to the tribunal, copied to you. They are still in time to do this as your appeal is on 24 Nov but are running out of time...

Just wondering do I need to do anything from my side to give a notch to the council or just wait for their pack?


You uploaded your evidence? You need do no more. I'm still betting Redbridge won't contest and you'll hear soon.
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ilford
post Mon, 19 Nov 2018 - 16:15
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QUOTE (stamfordman @ Mon, 19 Nov 2018 - 15:40) *
You uploaded your evidence? You need do no more. I'm still betting Redbridge won't contest and you'll hear soon.


No, I did not upload my evidence. I am not sure what evidence I need to upload. Can I use the photo from the council and use it for my own evidence?

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cp8759
post Mon, 19 Nov 2018 - 16:19
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The council must provides those photos when they upload their evidence or else there will be no evidence that your car was parked anywhere at all. You don't need to do anything until Redbridge upload their evidence pack. If they don't upload anything, they will lose.


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stamfordman
post Mon, 19 Nov 2018 - 16:52
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QUOTE (ilford @ Mon, 19 Nov 2018 - 16:15) *
QUOTE (stamfordman @ Mon, 19 Nov 2018 - 15:40) *
You uploaded your evidence? You need do no more. I'm still betting Redbridge won't contest and you'll hear soon.


No, I did not upload my evidence. I am not sure what evidence I need to upload. Can I use the photo from the council and use it for my own evidence?


I meant did you just register the appeal or provide the appeal itself.
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ilford
post Mon, 19 Nov 2018 - 17:50
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QUOTE (stamfordman @ Mon, 19 Nov 2018 - 17:52) *
QUOTE (ilford @ Mon, 19 Nov 2018 - 16:15) *
QUOTE (stamfordman @ Mon, 19 Nov 2018 - 15:40) *
You uploaded your evidence? You need do no more. I'm still betting Redbridge won't contest and you'll hear soon.


No, I did not upload my evidence. I am not sure what evidence I need to upload. Can I use the photo from the council and use it for my own evidence?


I meant did you just register the appeal or provide the appeal itself.



This is what I got from the the tribunal center as email:

Dear Mr xx

Your case reference number is xxxnumbrxxx. This can be used to view the progress of your appeal online. It should also be included in any correspondence sent relating to the appeal. If you need to contact the Environment and Traffic Adjudicators please use the contact details below.

Email: queries@londontribunals.org.uk
Phone: 020 7520 7200

You have indicated that there is further evidence to follow. This evidence should be uploaded by returning to the Track my appeal link available on the website. This evidence should be uploaded at least 5 days before your scheduled hearing.


QUOTE (ilford @ Tue, 23 Oct 2018 - 19:13) *
Hi All,

My hearing is confirmed and will be on 24th November 2018 at 12:30 at London Tribunals, Chancery Exchange. See the confirmation letter. Wish me luck please and any suggestion regarding preparation that will be great.




Thank you all.


Sorry, my bad. This is what I got from the London Tribunals via email. Which I have already posted on this forum.
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