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parking ticket for parking in space on the road where I live
challenge_cheate...
post Thu, 21 Dec 2017 - 23:44
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I had some builders doing work on the house I live in, so moved my car into a parking space on the same road. Unfortuntaneately, it says "permit holders only 11am - noon' I had my car parked there during that time, so received a ticket.

I am absolutely furious with myself that this could happen. Think the discounted period runs out tomorrow (Friday) so it would be great to hear from someone soon.

Hopefully, there is something that can be done?

Thanks








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post Thu, 21 Dec 2017 - 23:44
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DancingDad
post Mon, 19 Feb 2018 - 12:01
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QUOTE (challenge_cheaters @ Mon, 19 Feb 2018 - 11:54) *
QUOTE (stamfordman @ Sat, 17 Feb 2018 - 18:37) *
When did you actually park there? As you're in for the full £110 you can take this to the tribunal but you'll have to tell the truth.

They didn't address the 10 min rule in their challenge rejection.


Honestly, I had parked there before 11am as I had to move my car for the builders. I live on the same road.


Make the point in your challenge but it will be in the face of what you wrote before.
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challenge_cheate...
post Wed, 21 Feb 2018 - 21:44
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QUOTE (challenge_cheaters @ Mon, 19 Feb 2018 - 11:54) *
QUOTE (stamfordman @ Sat, 17 Feb 2018 - 18:37) *
When did you actually park there? As you're in for the full £110 you can take this to the tribunal but you'll have to tell the truth.

They didn't address the 10 min rule in their challenge rejection.


Honestly, I had parked there before 11am as I had to move my car for the builders. I live on the same road.



Please let me know your thoughts. Thanks
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DastardlyDick
post Thu, 22 Feb 2018 - 00:05
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QUOTE (challenge_cheaters @ Wed, 21 Feb 2018 - 21:44) *
QUOTE (challenge_cheaters @ Mon, 19 Feb 2018 - 11:54) *
QUOTE (stamfordman @ Sat, 17 Feb 2018 - 18:37) *
When did you actually park there? As you're in for the full £110 you can take this to the tribunal but you'll have to tell the truth.

They didn't address the 10 min rule in their challenge rejection.


Honestly, I had parked there before 11am as I had to move my car for the builders. I live on the same road.



Please let me know your thoughts. Thanks


Talk about snatching defeat from the jaws of victory!
When/if this goes to adjudication, the fact that you told the Council that you parked your car in this bay AFTER the controls came into force, now you're saying you didn't will not enhance your credibility.
Put yourself into an Adjudicators place - he's got time stamped photo's showing your car parked clearly in contravention, and your letter telling the Council that you parked there after controls were in force, but now you're saying "actually, I didn't" - how credible/honest do you appear?
Bear in mind that telling porkies at Adjudication can have severe penalties - including a stay in one of Her Majesty's 3 bar Hotels!

This post has been edited by DastardlyDick: Thu, 22 Feb 2018 - 09:32
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challenge_cheate...
post Thu, 22 Feb 2018 - 18:48
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QUOTE (DastardlyDick @ Thu, 22 Feb 2018 - 00:05) *
QUOTE (challenge_cheaters @ Wed, 21 Feb 2018 - 21:44) *
QUOTE (challenge_cheaters @ Mon, 19 Feb 2018 - 11:54) *
QUOTE (stamfordman @ Sat, 17 Feb 2018 - 18:37) *
When did you actually park there? As you're in for the full £110 you can take this to the tribunal but you'll have to tell the truth.

They didn't address the 10 min rule in their challenge rejection.


Honestly, I had parked there before 11am as I had to move my car for the builders. I live on the same road.



Please let me know your thoughts. Thanks


Talk about snatching defeat from the jaws of victory!
When/if this goes to adjudication, the fact that you told the Council that you parked your car in this bay AFTER the controls came into force, now you're saying you didn't will not enhance your credibility.
Put yourself into an Adjudicators place - he's got time stamped photo's showing your car parked clearly in contravention, and your letter telling the Council that you parked there after controls were in force, but now you're saying "actually, I didn't" - how credible/honest do you appear?
Bear in mind that telling porkies at Adjudication can have severe penalties - including a stay in one of Her Majesty's 3 bar Hotels!


I hear that :-)...the facts are that it was before 11 albeit probably just before (its a rough timing) Can I just say that my original letter had a typo as I wrote it quite quickly?
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PASTMYBEST
post Thu, 22 Feb 2018 - 19:04
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QUOTE (challenge_cheaters @ Thu, 22 Feb 2018 - 18:48) *
QUOTE (DastardlyDick @ Thu, 22 Feb 2018 - 00:05) *
QUOTE (challenge_cheaters @ Wed, 21 Feb 2018 - 21:44) *
QUOTE (challenge_cheaters @ Mon, 19 Feb 2018 - 11:54) *
QUOTE (stamfordman @ Sat, 17 Feb 2018 - 18:37) *
When did you actually park there? As you're in for the full £110 you can take this to the tribunal but you'll have to tell the truth.

They didn't address the 10 min rule in their challenge rejection.


Honestly, I had parked there before 11am as I had to move my car for the builders. I live on the same road.



Please let me know your thoughts. Thanks


Talk about snatching defeat from the jaws of victory!
When/if this goes to adjudication, the fact that you told the Council that you parked your car in this bay AFTER the controls came into force, now you're saying you didn't will not enhance your credibility.
Put yourself into an Adjudicators place - he's got time stamped photo's showing your car parked clearly in contravention, and your letter telling the Council that you parked there after controls were in force, but now you're saying "actually, I didn't" - how credible/honest do you appear?
Bear in mind that telling porkies at Adjudication can have severe penalties - including a stay in one of Her Majesty's 3 bar Hotels!


I hear that :-)...the facts are that it was before 11 albeit probably just before (its a rough timing) Can I just say that my original letter had a typo as I wrote it quite quickly?


Of course you can correct your self, but how the adjudicator perceives this would be down to how you put it across


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hcandersen
post Fri, 23 Feb 2018 - 09:42
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OP, forget about the adjudicator, you're not there.

Whoever's name is on the NTO must make reps no later than 5 March.

Arguments so far:
10-minute rule.
Their failure to address both substantive points of the challenge.

IMO, there is a fundmental issue here.
10-minute rule:
At the (now stated) time of contravention of 11.09 IMO the CEO was prevented from serving a PCN by virtue of the 10-minute regulation UNLESS they knew that you parked there after 11am. NB, not that you were parked there after, but that you actually parked there after 11am. This is a fundamental point IMO and unless the CEO knew you parked after 11am it makes their PCN no more than a fishing expedition putting the burden on the motorist. We've seen adjudications allowed on this principle. As far as I can see, the CEO came on the scene at 11.04. (forget what you did, at the start of obs it's ONLY what the CEO had a reasonable belief occurred)
So, what would happen in EVERY case in Westminster where a CEO sees a vehicle parked in any parking place less than 10 minutes after controls start? Issue a PCN? And if the motorist didn't know about the 10-minute rule and had parked there before controls and pays? Hey presto, Westminster are UNLAWFULLY £65 better off.

Remember..
Evidence of contravention

6. A penalty charge shall not be imposed except on the basis of—

(a)a record produced by an approved device; or
(b)information given by a civil enforcement officer as to conduct observed by him
.

Not guessed, but observed.
Disgraceful.

As regards the reps, I'd focus on this point. Don't get hung up on whether you parked just before or after, you weren't paying attention to the exact time, all you know is that it was around 11am and could have been before or after. But of GREATER importance is that the b****y CEO didn't know either. You're not required to focus on every minute in your life to justify your actions and approximation is an everyday practice, however CEOs when exercising the power of an Enforcement Authority and considering penalising a motorist are not allowed this flexibility, they have to be precise and correct.

Rant over.

A question for other experts:
If in your circumstances you had returned and driven away at, say, 11.06, would the authority have been permitted to serve a postal PCN??

This post has been edited by hcandersen: Fri, 23 Feb 2018 - 09:44
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DancingDad
post Fri, 23 Feb 2018 - 10:11
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QUOTE (hcandersen @ Fri, 23 Feb 2018 - 09:42) *
OP, forget about the adjudicator, you're not there..........A question for other experts:
If in your circumstances you had returned and driven away at, say, 11.06, would the authority have been permitted to serve a postal PCN??


10 minute rule applies possibly, relates to any PCN.
Does depend on when parked and if CEO had begun to prepare a PCN when drove off.

I like your angle BTW on the challenge
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challenge_cheate...
post Tue, 27 Feb 2018 - 21:47
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QUOTE (hcandersen @ Fri, 23 Feb 2018 - 09:42) *
OP, forget about the adjudicator, you're not there.

Whoever's name is on the NTO must make reps no later than 5 March.

Arguments so far:
10-minute rule.
Their failure to address both substantive points of the challenge.

IMO, there is a fundmental issue here.
10-minute rule:
At the (now stated) time of contravention of 11.09 IMO the CEO was prevented from serving a PCN by virtue of the 10-minute regulation UNLESS they knew that you parked there after 11am. NB, not that you were parked there after, but that you actually parked there after 11am. This is a fundamental point IMO and unless the CEO knew you parked after 11am it makes their PCN no more than a fishing expedition putting the burden on the motorist. We've seen adjudications allowed on this principle. As far as I can see, the CEO came on the scene at 11.04. (forget what you did, at the start of obs it's ONLY what the CEO had a reasonable belief occurred)
So, what would happen in EVERY case in Westminster where a CEO sees a vehicle parked in any parking place less than 10 minutes after controls start? Issue a PCN? And if the motorist didn't know about the 10-minute rule and had parked there before controls and pays? Hey presto, Westminster are UNLAWFULLY £65 better off.


Remember..
Evidence of contravention

6. A penalty charge shall not be imposed except on the basis of—

(a)a record produced by an approved device; or
(b)information given by a civil enforcement officer as to conduct observed by him
.

Not guessed, but observed.
Disgraceful.

As regards the reps, I'd focus on this point. Don't get hung up on whether you parked just before or after, you weren't paying attention to the exact time, all you know is that it was around 11am and could have been before or after. But of GREATER importance is that the b****y CEO didn't know either. You're not required to focus on every minute in your life to justify your actions and approximation is an everyday practice, however CEOs when exercising the power of an Enforcement Authority and considering penalising a motorist are not allowed this flexibility, they have to be precise and correct.

Rant over.

A question for other experts:
If in your circumstances you had returned and driven away at, say, 11.06, would the authority have been permitted to serve a postal PCN??



Thanks for the advice...Please advise if my text below is a sufficient answer:



To Whom It May Concern:

I am writing to appeal against this PCN. I live at xxxx and I was having a back extension built by a building company. I had only moved my car from just around 11am for under 10 minutes to allow for a builder's delivery to be made.

The law states a person can lawfully park in a designated parking place for 10 minutes. At 11:09 the bay had not yet been controlled for 10 mins and in addition, your 'from' time was 11:04 to 11:09.

Westminster's web page below supports the 10 mins grace

https://www.westminster.gov.uk/deregulation...ing-enforcement

As a secondary point, the PCN fails to state a contravention time as required by the schedule to The Civil Enforcement of Parking Contraventions (England) General Regulations 2007

http://www.legislation.gov.uk/uksi/2007/3483/schedule/made

Paragraph 1(d) of the Schedule to the Civil Enforcement of Parking Contraventions (England) General Regulations 2007 advises that a PCN must contain;

(d) the date and the time at which the alleged contravention occurred.

While the Secretary of State's statutory guidance to local authorities advises;

The information that a PCN must contain is set
out in the Regulations. It is recommended that the PCN also gives:
o vehicle make and colour (if evident);
o detailed location of vehicle (full street name);
o the contravention code;
o observation start and finish times;
o PCN number (all PCNs should be uniquely identifiable);
o CEO's identification number; and
o the vehicle's tax disc number and expiry date.

Considering the above, it is clear that a distinction is made between what is the contravention time and what is observation time. The regulations advise that the PCN must contain the contravention time while the Secretary of State's guidance allows an observation time to be stated but it is not a must. So there is a difference and these two timings are clearly meant to be independent.

The PCN served only gives a "seen" observation time and it does not advise at what time the contravention is deemed to have actually occurred in the manner the law requires. This failure is a procedural impropriety and provides legitimate grounds for cancelling the penalty.

As a third point, I had made this representation before but your response failed to address my concerns.

Based on the above, I expect this PCN to be cancelled.

Thanks for your understanding.
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PASTMYBEST
post Tue, 27 Feb 2018 - 22:02
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your asking the adjudicator to agree with you not demanding that he does, tone it down, be respectful, and use the term regulations rather than law its gentler


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challenge_cheate...
post Wed, 28 Feb 2018 - 16:51
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QUOTE (PASTMYBEST @ Tue, 27 Feb 2018 - 22:02) *
your asking the adjudicator to agree with you not demanding that he does, tone it down, be respectful, and use the term regulations rather than law its gentler


Thanks

It seems like I have to hand write this response on the form? I cannot see an option where you can email? Is that expected at this stage?
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PASTMYBEST
post Wed, 28 Feb 2018 - 17:59
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QUOTE (challenge_cheaters @ Wed, 28 Feb 2018 - 16:51) *
QUOTE (PASTMYBEST @ Tue, 27 Feb 2018 - 22:02) *
your asking the adjudicator to agree with you not demanding that he does, tone it down, be respectful, and use the term regulations rather than law its gentler


Thanks

It seems like I have to hand write this response on the form? I cannot see an option where you can email? Is that expected at this stage?


no the tribunal accept on line reps you should have a web code on your notice of rejection


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challenge_cheate...
post Thu, 1 Mar 2018 - 14:05
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QUOTE (PASTMYBEST @ Wed, 28 Feb 2018 - 17:59) *
QUOTE (challenge_cheaters @ Wed, 28 Feb 2018 - 16:51) *
QUOTE (PASTMYBEST @ Tue, 27 Feb 2018 - 22:02) *
your asking the adjudicator to agree with you not demanding that he does, tone it down, be respectful, and use the term regulations rather than law its gentler


Thanks

It seems like I have to hand write this response on the form? I cannot see an option where you can email? Is that expected at this stage?


no the tribunal accept on line reps you should have a web code on your notice of rejection


cannot see a webcode? The images are in an earlier post? What grounds should i tick in the letter if I do have to hand write it?
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PASTMYBEST
post Thu, 1 Mar 2018 - 15:18
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Ah i was mislead by the appeal. you are making representations against the notice to owner. It does seem like harrow only accept by post. but you do not have to hand write. fill in the required fields and in the box for your reps put see attached and attach a printed letter if you wish.

post first class and get free proof of posting from the post office. Don't send registered, the best that can do is prove they did not receive it


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John U.K.
post Thu, 1 Mar 2018 - 16:46
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+1 to PMB... and make sure that you keep a hard copy of everything you send.
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challenge_cheate...
post Tue, 27 Mar 2018 - 21:36
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Wow! Harrow are relentless! They rejected my recent appeal below:

To Whom It May Concern:

I am writing to appeal against this PCN. I live at xxxx, and I was having a back extension built by a building company. I had only moved my car from just around 11am for under 10 minutes to allow for a builder's delivery to be made.

The regulations state a person can lawfully park in a designated parking place for 10 minutes. At 11:09 the bay had not yet been controlled for 10 mins and in addition, your 'from' time was 11:04 to 11:09.

Westminster's web page below supports the 10 mins grace

https://www.westminster.gov.uk/deregulation...ing-enforcement

As a secondary point, the PCN fails to state a contravention time as required by the schedule to The Civil Enforcement of Parking Contraventions (England) General Regulations 2007

http://www.legislation.gov.uk/uksi/2007/3483/schedule/made

Paragraph 1(d) of the Schedule to the Civil Enforcement of Parking Contraventions (England) General Regulations 2007 advises that a PCN must contain;

(d) the date and the time at which the alleged contravention occurred.

While the Secretary of State's statutory guidance to local authorities advises;

The information that a PCN must contain is set
out in the Regulations. It is recommended that the PCN also gives:
o vehicle make and colour (if evident);
o detailed location of vehicle (full street name);
o the contravention code;
o observation start and finish times;
o PCN number (all PCNs should be uniquely identifiable);
o CEO's identification number; and
o the vehicle's tax disc number and expiry date.

Considering the above, it is clear that a distinction is made between what is the contravention time and what is observation time. The regulations advise that the PCN must contain the contravention time while the Secretary of State's guidance allows an observation time to be stated but it is not a must. So there is a difference and these two timings are clearly meant to be independent.

The PCN served only gives a "seen" observation time and it does not advise at what time the contravention is deemed to have actually occurred in the manner the regulations requires. This failure is a procedural impropriety and provides legitimate grounds for cancelling the penalty.

As a third point, I had made this representation before but your response failed to address my concerns.

Based on the above, I would like PCN cancelled.

Thanks for your understanding.


-------------------------
Here is there response. Please advise on what I can do. Thanks













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cp8759
post Wed, 28 Mar 2018 - 00:47
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There is an obvious failure to consider (The Civil Enforcement of Parking Contraventions (England) General (Amendment) Regulations 2015), a well drafted appeal could support an application for costs (Basically either they agree to not contest, or they are being wholly unreasonable and should pay your costs). Will draft something when I get time, unless someone beats me to it.


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challenge_cheate...
post Wed, 28 Mar 2018 - 14:07
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QUOTE (cp8759 @ Wed, 28 Mar 2018 - 00:47) *
There is an obvious failure to consider (The Civil Enforcement of Parking Contraventions (England) General (Amendment) Regulations 2015), a well drafted appeal could support an application for costs (Basically either they agree to not contest, or they are being wholly unreasonable and should pay your costs). Will draft something when I get time, unless someone beats me to it.


That sounds great. Thanks
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cp8759
post Thu, 29 Mar 2018 - 15:50
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I would keep this fairly simple, forget about the Westminster stuff as none of it has force of law. I would also not bother with the whole "PCN does not state time of contravention" ground as I doubt an adjudicator would accept that.

Attach a copy of this to your appeal: http://www.legislation.gov.uk/uksi/2015/56...20150561_en.pdf

--------------------------------------------------------------------------------------------------
Ground 1: There has been an procedural impropriety on the part of the enforcement authority: No penalty charge is payable where a vehicle which has been lawfully parked is then in contravention for a period not exceeding 10 minutes:

There is no dispute that the vehicle was observed by a CEO on a bay which is restricted to permit holders only. The timing of the restriction is from 11 am till 12 noon, and my car had been parked in the parking space shortly before 11 am. The observation time on the PCN is stated as being 11:04 to 11:09, therefore at the time of the observation, no Penalty Charge Notice was payable by virtue of regulation 2 of The Civil Enforcement of Parking Contraventions (England) General (Amendment) Regulations 2015, which provide as follows:

The Civil Enforcement of Parking Contraventions (England) General Regulations 2007(2) are amended as follows.

(2) In regulation 4 (imposition of penalty charges)—

(a)re-number the existing provision as (1);
(b)at the end insert—
“(2) Paragraph (3) applies in relation to a contravention mentioned in subparagraph (a) to © of paragraph (1) where a vehicle is stationary in a designated parking place and the vehicle has been left beyond the permitted parking period.

(3) No penalty charge is payable for the contravention where the vehicle has been left beyond the permitted parking period for a period not exceeding 10 minutes.

(4) In this regulation—

(a)“designated parking place” means a parking place established by virtue of an order made under section 1, 6, 9, 32(1)(b), 35 or 45 of the Road Traffic Regulation Act 1984(3);
(b)“permitted parking period” means—
(i)a period of parking that has been paid for as authorised by or under any order made relating to the designated parking place; or
(ii)a period of parking for which no charge is payable as authorised by or under any order made relating to the designated parking place.”


It follows that, because my car was lawfully parked before 11 am in a designated parking place, and prior to 11 am this was a designated parking place for which no charge was payable, the earliest time a penalty charge would have been payable in the circumstances would have been 11:10:01. It follows that the PCN is a nullity and must be cancelled.

Ground 2: There has been a procedural impropriety on the part of the enforcement authority: The CEO acted beyond his powers in issuing the PCN:
Further to the above, by virtue of regulation 9 of the The Civil Enforcement of Parking Contraventions (England) General Regulations 2007

"Where a civil enforcement officer has reason to believe that a penalty charge is payable with respect to a vehicle which is stationary in a civil enforcement area, he may serve a penalty charge notice"

The PCN states on the face of it that the CEO observed the vehicle between 11:04 and 11:09, by virtue of the 2015 amendment, he could not during this time have had reason to believe that a penalty charge notice was payable and if he mistakenly held such a belief, the CEO misdirected himself in law. It follows that the CEO had no power to issue the PCN and he therefore acted ultra-vires in preparing and serving the PCN. It follows that the PCN must be cancelled.

Ground 3: There has been a procedural impropriety on the part of the enforcement authority: The authority appears to be acting in utter ignorance of the 2015 amendment to the regulations:
While previous adjudications are not binding, they can be persuasive and I submit that the decision of adjudicator Edward Houghton in appeal number 2170256432 is relevant in this instance. In that decision, adjudicator Houghton stated, in so far as is relevant:

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 Notice of Rejection states "Civil Enforcement Officers can give Penalty Charge Notices straight away; they do not have to wait". This shows a complete misunderstanding of the law, and it shows the council could not have possibly considered whether The Civil Enforcement of Parking Contraventions (England) General (Amendment) Regulations 2015 had any relevance to the representations that had been submitted or the circumstances of the case. My representations to the council included the following: "The regulations state a person can lawfully park in a designated parking place for 10 minutes. At 11:09 the bay had not yet been controlled for 10 mins and in addition, your 'from' time was 11:04 to 11:09". While at the representations stage the regulations were not quoted by chapter and verse, the council is under a duty to consider the correct regulations and apply them to the circumstances of the case.

The council did not, for example, state that it had evidence to show that I had parked after 11 am (in which case the 10 minute rule would have no relevance), nor did it explain that for whatever other reason, the 10 minute rule was not applicable or relevant to the circumstances of the case. As stated by adjudicator Houghhton, "Motorists are entitled to have their representations properly considered and an explanation, even if brief, why they are rejected". Instead of explaining why the 10 minute rule was not relevant or applicable to the circumstances of the case, the council dealt with the representations as if The Civil Enforcement of Parking Contraventions (England) General (Amendment) Regulations 2015 had never existed. Once the council has shown such a basic misunderstanding of the law, it cannot then contend that it has properly discharged its public law duty to considered the representations that have made. This failure to consider is a procedural impropriety which means that, even if grounds 1 and 2 above lack all merit, the PCN must nonetheless be cancelled.

This post has been edited by cp8759: Thu, 29 Mar 2018 - 23:31


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challenge_cheate...
post Tue, 3 Apr 2018 - 11:30
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QUOTE (cp8759 @ Thu, 29 Mar 2018 - 16:50) *
I would keep this fairly simple, forget about the Westminster stuff as none of it has force of law. I would also not bother with the whole "PCN does not state time of contravention" ground as I doubt an adjudicator would accept that.

Attach a copy of this to your appeal: http://www.legislation.gov.uk/uksi/2015/56...20150561_en.pdf

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Ground 1: There has been an procedural impropriety on the part of the enforcement authority: No penalty charge is payable where a vehicle which has been lawfully parked is then in contravention for a period not exceeding 10 minutes:

There is no dispute that the vehicle was observed by a CEO on a bay which is restricted to permit holders only. The timing of the restriction is from 11 am till 12 noon, and my car had been parked in the parking space shortly before 11 am. The observation time on the PCN is stated as being 11:04 to 11:09, therefore at the time of the observation, no Penalty Charge Notice was payable by virtue of regulation 2 of The Civil Enforcement of Parking Contraventions (England) General (Amendment) Regulations 2015, which provide as follows:

The Civil Enforcement of Parking Contraventions (England) General Regulations 2007(2) are amended as follows.

(2) In regulation 4 (imposition of penalty charges)—

(a)re-number the existing provision as (1);
(b)at the end insert—
“(2) Paragraph (3) applies in relation to a contravention mentioned in subparagraph (a) to © of paragraph (1) where a vehicle is stationary in a designated parking place and the vehicle has been left beyond the permitted parking period.

(3) No penalty charge is payable for the contravention where the vehicle has been left beyond the permitted parking period for a period not exceeding 10 minutes.

(4) In this regulation—

(a)“designated parking place” means a parking place established by virtue of an order made under section 1, 6, 9, 32(1)(b), 35 or 45 of the Road Traffic Regulation Act 1984(3);
(b)“permitted parking period” means—
(i)a period of parking that has been paid for as authorised by or under any order made relating to the designated parking place; or
(ii)a period of parking for which no charge is payable as authorised by or under any order made relating to the designated parking place.”


It follows that, because my car was lawfully parked before 11 am in a designated parking place, and prior to 11 am this was a designated parking place for which no charge was payable, the earliest time a penalty charge would have been payable in the circumstances would have been 11:10:01. It follows that the PCN is a nullity and must be cancelled.

Ground 2: There has been a procedural impropriety on the part of the enforcement authority: The CEO acted beyond his powers in issuing the PCN:
Further to the above, by virtue of regulation 9 of the The Civil Enforcement of Parking Contraventions (England) General Regulations 2007

"Where a civil enforcement officer has reason to believe that a penalty charge is payable with respect to a vehicle which is stationary in a civil enforcement area, he may serve a penalty charge notice"

The PCN states on the face of it that the CEO observed the vehicle between 11:04 and 11:09, by virtue of the 2015 amendment, he could not during this time have had reason to believe that a penalty charge notice was payable and if he mistakenly held such a belief, the CEO misdirected himself in law. It follows that the CEO had no power to issue the PCN and he therefore acted ultra-vires in preparing and serving the PCN. It follows that the PCN must be cancelled.

Ground 3: There has been a procedural impropriety on the part of the enforcement authority: The authority appears to be acting in utter ignorance of the 2015 amendment to the regulations:
While previous adjudications are not binding, they can be persuasive and I submit that the decision of adjudicator Edward Houghton in appeal number 2170256432 is relevant in this instance. In that decision, adjudicator Houghton stated, in so far as is relevant:

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 Notice of Rejection states "Civil Enforcement Officers can give Penalty Charge Notices straight away; they do not have to wait". This shows a complete misunderstanding of the law, and it shows the council could not have possibly considered whether The Civil Enforcement of Parking Contraventions (England) General (Amendment) Regulations 2015 had any relevance to the representations that had been submitted or the circumstances of the case. My representations to the council included the following: "The regulations state a person can lawfully park in a designated parking place for 10 minutes. At 11:09 the bay had not yet been controlled for 10 mins and in addition, your 'from' time was 11:04 to 11:09". While at the representations stage the regulations were not quoted by chapter and verse, the council is under a duty to consider the correct regulations and apply them to the circumstances of the case.

The council did not, for example, state that it had evidence to show that I had parked after 11 am (in which case the 10 minute rule would have no relevance), nor did it explain that for whatever other reason, the 10 minute rule was not applicable or relevant to the circumstances of the case. As stated by adjudicator Houghhton, "Motorists are entitled to have their representations properly considered and an explanation, even if brief, why they are rejected". Instead of explaining why the 10 minute rule was not relevant or applicable to the circumstances of the case, the council dealt with the representations as if The Civil Enforcement of Parking Contraventions (England) General (Amendment) Regulations 2015 had never existed. Once the council has shown such a basic misunderstanding of the law, it cannot then contend that it has properly discharged its public law duty to considered the representations that have made. This failure to consider is a procedural impropriety which means that, even if grounds 1 and 2 above lack all merit, the PCN must nonetheless be cancelled.


This is great, thanks. I will send through to them exactly as yu ave written it.
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challenge_cheate...
post Wed, 16 May 2018 - 21:27
Post #40


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Group: Members
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Thank you all for your help. Took it to the adjudicator/ court stage but Harrow chickened out, so all good!

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