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Unimexsol
Hi all,

Just a quick question, I got a PCN from Waltham Forest Council a while ago. It was for parking in a resident's bay without displaying a resident's permit. The bay looks to be correctly marked and I believe that the signs are too. Despite this I made an informal appeal to the council through their website on the grounds that the TMO is not valid or lawful. This was some months ago now. Is there a time limit as to which they must reply to me regarding this issue as so far I have heard nothing back from them?


Many thanks in advance
peodude
QUOTE (Unimexsol @ Tue, 16 Feb 2010 - 23:42) *
Hi all,

Just a quick question, I got a PCN from Waltham Forest Council a while ago. It was for parking in a resident's bay without displaying a resident's permit. The bay looks to be correctly marked and I believe that the signs are too. Despite this I made an informal appeal to the council through their website on the grounds that the TMO is not valid or lawful. This was some months ago now. Is there a time limit as to which they must reply to me regarding this issue as so far I have heard nothing back from them?


Many thanks in advance


There is no specific time limit for informal appeals, as they are just that, informal. However, the Notice to Owner must be served within 6 months of the date on the PCN.
ford poplar
I presume any Council inaction cannot forestall any time limits set for appeal referral to national adjudicator.
If you accept bays and signs are correct, what was the basis of your TMO informal appeal?
Unimexsol
Basis is that the Traffic Management Order creating the CPZ is unlawful/invalid. I guess I'll just have to wait and see if they come back to me.

Thanks for your help though. I'll keep you updated with any responses.
bama
You have a copy of the Order ?
arichmond64
What do you mean an informal appeal?
This worries me now, because with my appeal, I waited for the NtO, then appealed online.
Unimexsol
QUOTE (arichmond64 @ Wed, 17 Feb 2010 - 12:20) *
What do you mean an informal appeal?
This worries me now, because with my appeal, I waited for the NtO, then appealed online.


Hi arichmond64, if I were you I'd start your own thread and ask for advice (not being rude, just want to make sure that you receive the correct information for your case). Certainly on the back of my PCN it says:

"If a challange against the penalty charge is received at xxxxxxx, LBWF or on our website before a Notice to Owner is served, that challenge will be considered, but if a Notice to Owner is served notwithstanding that challenge, representations against the penalty charge must be made in the form and manner and within the time specified in the Notice to Owner."

If I were you I'd check the exact wording on the PCN that you received. Having looked at the wording on the PCN that I received the next paragraph could be taken as being a little ambiguous - it says:

"If we receive a challenge against the penalty charge not later than the last day of the period 14 days beginning with the date on which the Notice is served but reject the challenge, we will allow a further 14 days from the date on which the rejection letter is issued in which to pay the reduced penalty charge."

In my opinion this paragraph does not make it clear whether the Notice that they are talking about refers to the Penalty Charge Notice or the Notice to Owner. Perhaps someone with a better knowledge of this may be able to help you.
Unimexsol
Three other questions:

1) Do Council's have to abide by their Parking and Enforcement Plans?

2) Does the absence of a zone entry sign mean that the Controlled Zone does not exist/is unenforceable?

3) LBWF appear to be about to put up their penalty charges - is all in order? See here http://www.walthamforest.gov.uk/parking-pe...tice25jan10.pdf


Many thanks
dave-o
QUOTE (Unimexsol @ Wed, 17 Feb 2010 - 22:52) *
3) LBWF appear to be about to put up their penalty charges - is all in order? See here http://www.walthamforest.gov.uk/parking-pe...tice25jan10.pdf



They've been 60/120 in my area for as long as i've lived here.
Unimexsol
QUOTE (dave-o @ Thu, 18 Feb 2010 - 10:54) *
QUOTE (Unimexsol @ Wed, 17 Feb 2010 - 22:52) *
3) LBWF appear to be about to put up their penalty charges - is all in order? See here http://www.walthamforest.gov.uk/parking-pe...tice25jan10.pdf



They've been 60/120 in my area for as long as i've lived here.



Are you in Waltham Forest Dave? I'm in Leytonstone and here it's £100 or £50 if reduced at the moment.
Unimexsol
Three other questions:

1) Do Council's have to abide by their Parking and Enforcement Plans?

2) Does the absence of a zone entry sign mean that the Controlled Zone does not exist/is unenforceable?

3) LBWF appear to be about to put up their penalty charges - is all in order? See here http://www.walthamforest.gov.uk/parking-pe...tice25jan10.pdf


Hi all, anyone know the answers to the above please? I'm particularly interested in 1) & 2).

Thanks
dave-o
QUOTE (Unimexsol @ Thu, 18 Feb 2010 - 18:11) *
Are you in Waltham Forest Dave?


Yes.

QUOTE (Unimexsol @ Tue, 23 Feb 2010 - 10:33) *
1) Do Council's have to abide by their Parking and Enforcement Plans?


If they publish parking enforcement policies (e.g. observation times) then they must abide by them. In practice, CEOs will be cheeky (surely not?!) but you could quote their policy at adjudication.

QUOTE (Unimexsol @ Tue, 23 Feb 2010 - 10:33) *
2) Does the absence of a zone entry sign mean that the Controlled Zone does not exist/is unenforceable?


If you can show that there was not sufficient signage at any entrance to the zone then you can potentially appeal any tickets served within the zone that rely on the zone's restriction.

QUOTE (Unimexsol @ Tue, 23 Feb 2010 - 10:33) *
3) LBWF appear to be about to put up their penalty charges - is all in order? See here http://www.walthamforest.gov.uk/parking-pe...tice25jan10.pdf


Like i say, they've been 60/120 for as long as i've been here (3 years ish), but perhaps they are raising the lower rate. All the LBWF tickets i've seen have been 60/120 though, so i'm not sure which contraventinos attract a lower rate, if any.
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