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Leeds parking fine from council, Pcn parked on grass verge with double yellow lines
Leedsman1980
post Fri, 14 Jun 2019 - 16:27
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Hi, received a pcn in Leeds parked on a grass verge, appealed but been declined, is there anything else I can do
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post Fri, 14 Jun 2019 - 16:27
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Mad Mick V
post Fri, 14 Jun 2019 - 16:54
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Post up both sides of the PCN they often have flaws in Leeds.

Mick
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Leedsman1980
post Fri, 14 Jun 2019 - 17:23
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When I'm clicking upload the upload section is turning blank, any ideas why?

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Starworshipper12
post Fri, 14 Jun 2019 - 17:26
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Use https://imgbb.com/ or similar to host your pics.
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Mad Mick V
post Fri, 14 Jun 2019 - 18:07
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OP---wait for other comments and see if you can upload the Council's photos.

The PCN is still flawed so, subject to other input, I would send something like this within the 14 day discount period:-

Dear sirs,

PCN Number ??????

I wish to appeal against the PCN noted above since the Council has served an invalid PCN.

The PCN presents a number of Procedural Improprieties which renders it a nullity for enforcement purposes because they contravene 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 bailiffs 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.


With respect, I would ask the Council to cancel the PCN on the above grounds.

Yours

The will/may ground is contained in this thread:-

http://forums.pepipoo.com/index.php?showto...p;#entry1112582


Mick

This post has been edited by Mad Mick V: Fri, 14 Jun 2019 - 18:08
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Leedsman1980
post Sat, 15 Jun 2019 - 08:43
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Thanks mick I've sent them that, see what happens 👍👍👍
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hcandersen
post Sat, 15 Jun 2019 - 10:31
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Oh dear.

Firstly the OP said their 'appeal' had been declined. As this could only have been a challenge then the quoted case is not relevant IMO.

That case referred to the wording in 'important' notices and as a matter of fact detailed the NTO and NOR and specified the misinformation these conveyed to the registered keeper. Nowhere was the PCN mentioned.

This is not what we have here.

Secondly, where is their rejection letter. You must post this and your challenge.

They may or may not respond to your point - which in itself might give rise to grounds - but we're not there yet.

Oh well, let's wait for the rejection or NTO in anticipation of which..

OP, are you the registered keeper and are your DVLA details up to date?
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cp8759
post Sun, 16 Jun 2019 - 18:04
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The contravention is banged-to-rights:









At this point the only way forward IMO is a technical appeal, however we need to get all our ducks in order. Leedsman1980, you must show us rejection letter, also please confirm whether you're received the Notice to Owner.


--------------------
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.
No, I am not a lawyer.
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Leedsman1980
post Mon, 17 Jun 2019 - 06:43
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Letter is here guys, thanks for your help, not received anything except the attached letter...

This post has been edited by Leedsman1980: Mon, 17 Jun 2019 - 06:52
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cp8759
post Mon, 17 Jun 2019 - 10:37
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Check that your address is correct on the V5C, also show us the representations you made to the council.


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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.
No, I am not a lawyer.
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