Lambeth PCN 26 Options

[totem78]

Hi PePiPoo,

I hope you can help me with the following PCN which I received quite a few months back. My initial representations were rejected, and I had been waiting for my NTO and just received a charge certificate (no NtO received -- I was waiting patiently). While I wait to for the recovery letter to reply that I never received the NTO, I'll explain the situation. I've received this PCN once before (on Thornton Street) and Lambeth agreed with my representations and so I thought it was simply a case of poorly trained enforcement officer and I just used the same representations. This time they disagreed. If I just got lucky in the past and I am wrong I'm happy to pay, but this street is such a mess that I hope I'm in the right.

"
The representations they rejected are:

I wish to challenge the above PCN on the following grounds:-
There were no signs at the location where the contravention was supposed to have occured
Officer's shoulder number: Officers shoulder number
- As seen in the supporting photographs, the car was parked within 50cm from the edge of the carriageway - There are no signs on the
street indicating that I should be parking on the kerb or anywhere other than on the edge of the carriageway - There is no indication on
the street that there are designated parking spaces Also of note, there are no tickets for the row of cars illegally parked against the wall
and blocking the pavement. I'm sure the London Fire Brigade would be equally concerned that these cars are blocking exits to the
building, and in fact, in the past there was a fire in one of the shops, and Lambeth continues to ignore this fire hazard. The street is a
mess, my elderly mother-in-law lives on this street, and frequently cars will fly down it to avoid traffic lights on Brixton Road, and it is
dimly lit with inadequate street lighting, yet resources are spent to issue PCNs for legally parked cars. Please fix this road by restoring
the pavement, and installing speed humps, and install road signs. This road is a tragedy waiting to happen, and Lambeth does nothing
but writes PCNs for legally parked cars."

I've also attached their response and some additional photos I took at a different time. If you look at google street view for 14 Thornton St in Lambeth you'll also see someone else parked where I parked,. Also, it may be worth noting that the cars that are parked next to the building are usually parked there weeks at a time. I also intend to write the council members because as I mentioned in my representations (which maybe they Parking department doesn't care about), there is a lot more going on with the street.



Really appreciate any help on this.

Attached thumbnail(s)

 

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[PASTMYBEST]

Was the address on the rejection of your challenge the same as on the CC? and is this the same as on your v5c, exactly, go and check.

If so you can easily re set this make representations and should win

[totem78]

Was the address on the rejection of your challenge the same as on the CC? and is this the same as on your v5c, exactly, go and check.

If so you can easily re set this make representations and should win

I had a look at all three. The differences are:

On the rejection my name is on, and 'Greater London' is used in the address, rather than the 'London'. I put in the representation as I was driving and parked the car when this occurred.

On the v5c and CC Mrs. totem78 is the addressee, and again, just 'London'.

Other than noted, the address is exactly the same.

Thanks.

This post has been edited by totem78: Thu, 9 May 2019 - 17:40

[totem78]

Street View of street

Updating with street view. Car was parked almost exactly where the mini is parked.

[PASTMYBEST]

On the v5c and CC Mrs. totem78 is the addressee, and again, just 'London'.

that's the important bit. Just wait for the OfR if you do not get it in say a month come back to us

I had a look at GSV earlier you are parked next to the edge of the carriageway

[totem78]

Hi everyone,

It's now been a month (no post tomorrow) and nothing from Lambeth.

[totem78]

Looks like I spoke too soon. It literally came today, I thought post had already come by.

This post has been edited by totem78: Sat, 8 Jun 2019 - 13:54

[PASTMYBEST]

Looks like I spoke too soon. It literally came today, I thought post had already come by.

post it here lets make sure we are talking about the same thing

[totem78]

Pictures below (TE3 / TE9). Safe to say that I should fill out the witness statement that I never received and email? I have less than three weeks to send based on due date which I scrubbed.





Out of curiosity, it seems from their denying of my appeal, they are saying I was parked within 50cm and double parked and parked outside 50cm and double parked. Their response really doesn't make sense, but if where the inside car is parked is legally parked on private property, would I be considered double parked if parked next to the car on private property? That's the only rationale I can see they are trying to state, although it seems they are just chucking out anything to hope it sticks and I pay.

[PASTMYBEST]

Get the WS done the contravention can wait. No point in hiding the critical info we need like dates and times

[hcandersen]

Just fill in the WS - did not receive the NTO - sign, send to TEC and wait for their letter confirming the revocation of the OfR and cancellation of the CC.

[totem78]

Hi everyone,

I sent off the witness statement straight away, and now have received the redo PCN Starter Pack from Lambeth and attached photos.













Thanks

This post has been edited by totem78: Sun, 23 Jun 2019 - 21:15

[PASTMYBEST]

Now we can look at the contravention and make reps

[Mad Mick V]

Payment by post within 14 days is stated in their letter-----eh?? A possible PI?
Mick

[PASTMYBEST]

Payment by post within 14 days is stated in their letter-----eh?? A possible PI?
Mick

idon't know if a PI but something is wrong, the NTO id dated before the letter

[totem78]

Hi everyone, just wanted to see if there are any suggestions for challenging or if I should reuse my original response. Hoping to get something off by sat as I won't be able to get to post office after that by deadline. Thanks.

[PASTMYBEST]

Hi everyone, just wanted to see if there are any suggestions for challenging or if I should reuse my original response. Hoping to get something off by sat as I won't be able to get to post office after that by deadline. Thanks.

I do not think you should use your original challenge. What you make in the way of this next formal representation will be seen by an adjudicator. (the council are highly unlikely to cancel) I will try to have a look tomorrow PM bump the thread to remind me

[totem78]

Bump. Thanks for the help