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PC2012
Dear All,

I have just found this forum, it is excellent! Thanks in advance to everyone on here.

I am currently preparing my formal representation for an alleged contravention in relation to parking in a suspended bay. There are two primary grounds on which I am appealing plus, what I believe to be, a valid "compelling reason".

Any help you guys could give would be very much appreciated

Background

I did not respond to the PCN (going abroad) and decided to wait for the NTO to make a formal representation. The NTO was served 91 days after the initial PCN.

The first grounds of appeal is that the issued PCN does not provide for other "compelling reasons" as grounds for appeal as per Evans VS Harrow (PATAS, 2008) nor does it state in any other form/wording that a mitigation may be considered as grounds for cancellation.

Having received the NTO, it this DOES state the "compelling reasons" may be used as grounds and I need to return a signed form which includes this as part of the formal representation.

While on the basis of the PCN there is procedural impropriety, the have subsequently rectified this in the NTO.

Could the council argue that I have been made aware of my rights, albeit not on the original PCN, as I have to sign and return the form so deemed to be aware of this?


The second grounds for appeal is that the notice of suspension boards (temporary) were hung on the same pole as the board showing the times at which parking restrictions apply (i.e. 8.30am - 6.30pm). No times were listed on the Parking Suspended boards and I am arguing that this open to misinterpretation as one can quite easily interpret this as the suspension only applies during controlled hours (as I did). Is it not incumbent on the council to provide clear signage and not create ambiguity by stating the times at which the suspension is in efffect?

Also do they HAVE TO write a Reason on the suspended parking boards?

Many thanks in advance,

Pete C
makara

Scan (or photograph) and post up ALL sides of the Ticket (and/or any other paperwork received)

- edit out your personal details and your car reg. and the Ticket number (from the SCANNED version ONLY - do NOT amend anything on the original hard-copy PCN or other original paperwork!) before uploading.
PC2012
Thanks for the prompt response Makara.

I am away from home until Friday and will upload these when I get back.

In the meantime, are there any thoughts on whether, if there is an omission on the PCN and it does not include submitting compelling reasons or mitigated circumstances as grounds for appeal then then the charge becomes unenforceable?

And does this remain the case regardless of what is later stated on the NTO?

Thanks again,

Pete
emanresu
It may not be a good enough reason for some adjudicators but it should be added. For example, if someone had compelling reasons but could not see it on the NTO, would they have paid rather than challenged based on the information in front of them. And they key question is where they disadvantaged by the missing information.

Some would say not but it's in the purview of the adjudicator who might ask you whether you had such compelling reasons etc.
PC2012
Dear all,

Unfortunately, I wasn't able to upload the docs in time and went ahead with my formal rep.

I have now received a notice of rejection and intent to appeal. The NOR is in itself fairly shocking. It is clear that whoever wrote this has not read my representation. For example,

1. They state in the NOR that I say that the PCN was not on my windscreen. In fact I not only make mention of the PCN but included a copy along with my rep......... I did not at any point say it was lost.

2. They just have not mentioned the point I raised on procedural impropriety.

3. They have not even attempted to provide any of the information I requested.

Additionally, this fine specimen of a local authority "assistant enforcement officer" has sent a appeal form but has ticked the wrong box on the PATAS appeal form for how the PCN was issued. PCN WAS issued at the scene - EA have ticked the box to say it was issued by post.

This is very vexing as it is clear this person has not even attempted to read my representation let alone provide a cogent response ......... Potential grounds for frivolous or vexatious behavior???

Also not understanding this nonsense about "goodwill" when they haven't even read my letter!

I'll attach all the docs with all identifying data redacted............ Would really appreciate any help you can offer!!!

Thanks,

P

LIST OF ATTACHMENTS

1. PCN

Click to view attachment
Click to view attachment


2. NTO

Click to view attachment
Click to view attachment
Click to view attachment
Click to view attachment


3. My Formal Rep

Click to view attachment
Click to view attachment


4. Notice of Rejection
Click to view attachment
Click to view attachment
PC2012
The other slight thing to ask is, my license plate number has not been mentioned on the NOR ....... does this have any significance?

Thanks,

P
hcandersen
You're clutching at straws which will not aid you.

I don't know where you got your info from regarding the contents of a PCN, but it's, and therefore you are, incorrect. There is no requirement for a Regulation 9 PCN (PCN served by hand) to contain info on or to state the grounds for submitting a challenge or making reps. The regs state:
QUOTE
(2) A penalty charge notice served under regulation 9 of the General Regulations must, in addition to the matters required to be included in it under paragraph 1 of the Schedule to the General Regulations, include the following information—

(a)that a person on whom a notice to owner is served will be entitled to make representations to the enforcement authority against the penalty charge and may appeal to an adjudicator if those representations are rejected; and
(b)that, if representations against the penalty charge are received at such address as may be specified for the purpose before a notice to owner is served—
(i)those representations will be considered;
(ii)but that, if a notice to owner is served notwithstanding those representations, representations against the penalty charge must be made in the form and manner and at the time specified in the notice to owner.


Let's focus on the key issue: did the contravention occur? And as with all cases of "suspended" bays, the issue focuses on the parking place, signs and their content. Do you have pics?

Parking place:
Is it large or small; continuous or is it divided into discrete bays? The council are required to convey the exact extent of a suspension and where this applies to only part of a parking place, the extent must either be made clear by reference to numbers of bays' length of the suspension and the start and finish points (NOT o/s No. ** Any Street, this is normally too vague). Possibly even the placing of cones. We don't know any of this info.

Signs
The council are required to place a sign conveying that the bay(s) are suspended; there isn't a sign which has been specified (approved) in regulations, therefore any sign needs specific authorisation. Some councils have obtained this, others (most) haven't. A Blue Peter washing-up liquid effort isn't good enough.

So the facts are?

You still have time to pay at the discount.

HCA
Hippocrates
The NOR is pants. They will not send the TMO until PATAS stage. They use "will" rather than "may" on two occasions re enforcement if you do not appeal.
PC2012
hcandersen, thanks for the detailed response and help . I've answered your questions below.

Hippocrates, this is also what makes the whole thing so frustrating!!! I feel like i am being goaded in to going to appeal just to find out if they have complied with the TMO! At which point I lose the discount. They don't even confirm in the NOR that they have complied let alone sending me a copy of the TMO.

Answers to hcandersens questions:

As a brief background, I had parked briefly to take medication to my daughter who lives in the adjacent building. I had parked at c. 9pm. At the time there were other cars parked on the road. As this was outside the controlled hours and as none of the other cars had parking tickets on their windscreen I assumed the suspension was not active outside the controlled hours. The parking suspension notices did not make the times clear.

Parking place:

Is it large or small; continuous or is it divided into discrete bays?

The road is a small alcove with one entrance for vehicles. There are 6-7 bays divided into discrete bays with road markings.

Google maps link: Google Maps

The council are required to convey the exact extent of a suspension and where this applies to only part of a parking place, the extent must either be made clear by reference to numbers of bays' length of the suspension and the start and finish points (NOT o/s No. ** Any Street, this is normally too vague). Possibly even the placing of cones. We don't know any of this info.


I've included pictures

Signs

The council are required to place a sign conveying that the bay(s) are suspended; there isn't a sign which has been specified (approved) in regulations, therefore any sign needs specific authorisation. Some councils have obtained this, others (most) haven't. A Blue Peter washing-up liquid effort isn't good enough.

I've included pictures





bama
if thats an authorised suspension sign I'll show my bits in John Lewis's window.
Check for special auth for that 'sign' from the DfT.
PC2012
Thanks bama, I wasn't previously aware I could check this on the DfT website.

I have found one approval for a temporary suspended parking sign on the DfT website for Harrow:

DfT Temp Suspension Auth

The full search results on the DfT website for Harrow are:

DfT - Harrow search results

The temp suspension signs under GT50/083/0006

"1 (a) information regarding the time of day, date or dates, (with year omitted) and the location of the suspended parking place or places shall be shown on the front of the authorised sign; and"


There is no mention of the time of day in the suspended parking sign in this case........

Is this the correct authorisation for suspended parking signs in Harrow? or are there others - I couldn't find any others on the DfT website.

Also slightly bizarre is that the diagram on this doc has Kensington and Chelsea written in the title......... more than a little confusing.......... Please help..........

Thanks
bama
email the DfT and ask them for copies of the drawings of any and all authorised suspension signs for Harrow.
PC2012
Thanks - will request this and see what comes back ........... anything else I can do in the meantime???

P
PC2012
Hi Guys,

I have requested this information from DfT. Does anyone have any experience with respect to how long it takes for them to send this across. Just conscious of the ticking clock on my appeal......

Thanks,

P
hcandersen
You have received a NOR, you therefore need to either pay or register your appeal.

IMO, you have more than enough evidence to appeal. In which case you complete the appeals registration form and send to PATAS. Contravention did not occur and Procedural Impropriety (at least); personal hearing; in box 5 insert "further information follow".

As regards the contravention, if the link you have posted is correct it shows the following, contrary to what you've posted (understandable because the intricacies of marking parking places are a dark art);
1. Three separate sets of parking places. These comprise, from the Headstone Road end: 1 place; 2 places; and (I think) 2 places.
2. These are separate restrictions; the sign(s) placed in one set have no legal effect in the other sets;
3. The second set of places is unlawfully marked - when a parking place is sub-divided, then the perimeter transverse lines must be double lines, but this place has single lines. I can't see the third set clearly.
4. The "suspension" sign in set 1 refers to "These Bays" - nonsense: there's only 1 bay and so a plural does not apply. If the council has sought to extend the legal effect of a so-called suspension sign by crudely handwriting "these bays" then the staff involved need their a***s kicking and, to use the local government euphemism, "re-training". And so on.
5. The signs are warning signs, not suspension signs. The restrictions to be conveyed by legitimate signs are Waiting and Loading, not "parking".

Register your appeal - this doesn't affect the time-frame for the discount.

HCA
PC2012
Thanks HCA, i'll go ahead and register the appeal and await further information from the DfT with respect to approved signs.

Thanks HCA and everyone else for all your help so far - will keep you posted on what comes back from the DfT!

PC2012
Ok, so I have now received the reply from the DfT as per below. This is the same link I have posted above. I have also asked for confirmation that there are no other authorisations that are not on the website........however, I suspect this may be the only one........

QUOTE
Dear xxxxxx,

Thank you for your email.

The authorisation for temporary parking suspension signs that has been issued to the London Borough of Harrow can be viewed on our website, please use this link - http://www.dft.gov.uk/traffic-auths/?search=3000 .

Kind regards

xxxxxxxx


Will now start drafting the appeal, the form has been submitted as per HCA's recommendations.

Am I right to say that the crux of my argument should be that the sign does not conform to the authorisation provided by the DfT both in form (warning signs, not suspension signs) and content (does not indicate that time of day it is effective).

Should I also keep in the point I made in my original representation with regards to The Road Traffic (Temporary Restrictions) Procedure Regulations 1992, 3(2) i.e. that they need to provide 7 days notice in a local paper:

QUOTE
"Not less than 7 days before making an order, the traffic authority shall publish notice
of their intention to make the order in one or more newspapers circulating in the area
in which any road to which the order relates is situated.".


PLEASE do tell me if I am misinterpreting this and whether this is applicable here......... need some wise words from the experts.

I will also be including my mitigating circumstances in the rep to PATAS.

Is there anything else that I should be including here?

Many thanks,

P
hcandersen
Road Traffic Temp etc regs are irrelevant - the authority to suspend a bay is enshrined in the same order which made it i.e. under the Road Traffic Regulation Act 1984. That order will contain provisions which allow the council to authorise persons, in this case CEOs, to suspend parking places. This power contains conditions, one of which is that lawful traffic signs must be placed. For years authorities included these provisions without considering whether there were specified signs regarding suspension, doh!

No there aren't

See this case:

http://keycases.parkingandtrafficappeals.g...iant%20sign.doc


HCA


bama
IIRC DfT has alerted them to the lack at least a couple of times.
they just don't seem to give a feck.
PC2012
Dear all,

As an update I received a letter from PATAS today informing me that Harrow Council have decided not to contest my appeal and the appeal has been allowed.

This is a shame as I had not submitted any of the further representations for the appeal and was eager to use the points you all have helped to prepare above...... however, a victory is still a victory!

I want to thank everyone on here for their help and advise, in particular I would like to thank hcanderson and bama for their help!!!

Thanks and please keep up the great work, its a huge help to motorists who feel intimidated going up against a local authority single handed

Thank,

PC2012
SchoolRunMum
Well done, as you say, a victory is still a victory!
makara
Well done! Less effort = better victory!
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