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#Post#: 16803--------------------------------------------------
Re: PCN - Parking in Loading Bay - Hereford Council
DIR By: fraser.mitchell
Date: March 4, 2024, 7:10 pm
---------------------------------------------------------
There are no templates, but post up your draft here for review
and if it needs tidying up, we'll suggest what alterations are
needed. The basis of your response to an NtO is 'procedural
impropriety', one of the statutory grounds in the Traffic
Management Act 2004 under which your PCN was issued.
#Post#: 18543--------------------------------------------------
Re: PCN - Parking in Loading Bay - Hereford Council
DIR By: FaintPanda
Date: March 29, 2024, 3:26 pm
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NtO Received - Images Attached
HTML https://imgur.com/fvOebW1.jpg
HTML https://imgur.com/rjISTUR.jpg
HTML https://imgur.com/ZEcXAC1.jpg
HTML https://imgur.com/nWBwM46.jpg
HTML https://imgur.com/6UPw8oE.jpg
HTML https://imgur.com/R2gCtvD.jpg
#Post#: 18544--------------------------------------------------
Re: PCN - Parking in Loading Bay - Hereford Council
DIR By: FaintPanda
Date: March 29, 2024, 3:36 pm
---------------------------------------------------------
Draft Formal Appeal - I would love some feedback on what should
be modified here.
To Whom It May Concern,
I am writing to appeal the Penalty Charge Notice (PCN) issued to
me on 1st Feb 2024 for the contravention code "23 - Parked in a
parking place or area not designated for that class of vehicle."
I firmly believe that the PCN was unjustly issued due to
procedural impropriety on the part of the Hereford Council.
During my informal appeal process, I explicitly brought to the
attention of the Hereford Council the failure to adhere to the
procedural requirements outlined in the Road Management Act
2004. Despite highlighting this crucial aspect and providing
supporting evidence, the council failed to acknowledge or
address this issue in their response to my informal appeal.
Furthermore, it has been demonstrated in previous cases that
contravention code "23" has been successfully challenged due to
motorists' lack of understanding regarding the class of vehicle
designated for the parking space [Reference, A, B, C]. The PCN
received only states that the vehicle was parked in a "Parking
place or area not designated for that class of vehicle", the PCN
does not contain any wording around what class of vehicles are
permitted.
According to Part 2, Chapter 1, Section 3 (1), Paragraph C,
[that if a notice to owner is served despite the representations
mentioned in sub-paragraph (b), representations against the
penalty charge must be made to the enforcement authority in the
form and manner and at the time specified in the notice to
owner]. However, the PCN which was issued fails to meet this
requirement. This oversight on the part of the council
constitutes a clear violation of the Road Management Act 2004
and undermines the fairness and legality of the PCN issued to
me.
In light of the above, I kindly request that the Hereford
Council review my appeal and withdraw the PCN issued to me. I
trust that upon further examination of the facts presented, the
council will acknowledge the procedural impropriety and rectify
this matter accordingly.
Thank you for your attention to this matter. I look forward to
receiving a prompt response regarding the status of my appeal.
References:
A: Mary Harding v Royal Borough of Kingston Upon Thames
(2160271291, 26 July 2016)
[
HTML https://drive.google.com/file/d/1QtmX9lLTLTQx6uRa9NDzJvfXcJuhzylV]
B: Yuriy Myronovyh V The City Of Edinburgh Council
(ED00154-2107, 04 October 2021)
[
HTML https://drive.google.com/file/d/1OUYGSdtOnnkZXwyyv3pZrXjhnyjMAMbe]
C: Robert Piatt v Manchester City Council (MC00876-2010, 15
October 2020)
[
HTML https://drive.google.com/file/d/1XqKhehvagEzi4MgvPQZEk65cZ2VuCDDg]
Yours sincerely,
#Post#: 18552--------------------------------------------------
Re: PCN - Parking in Loading Bay - Hereford Council
DIR By: fraser.mitchell
Date: March 29, 2024, 4:21 pm
---------------------------------------------------------
YOu are not "appealing", you are submitting
"representations".Appeals are considered at the adjudicators at
the Traffic Penalty Tribunal. Councils hate being told their
PCNs are non-compliant, so just ignore informal reps on this
basis, thus forcing you to TPT. However I will be very
interested in what their inevitable rejection letter says !
#Post#: 18553--------------------------------------------------
Re: PCN - Parking in Loading Bay - Hereford Council
DIR By: FaintPanda
Date: March 29, 2024, 4:35 pm
---------------------------------------------------------
Thanks for the feedback [member=12]Incandescent[/member] - I
have tweaked some of the wording. Feedback is welcome.
To Whom It May Concern,
I am writing to challenge the Penalty Charge Notice (PCN) issued
to me on 1st Feb 2024 for the contravention code "23 - Parked in
a parking place or area not designated for that class of
vehicle." I firmly believe that the PCN was unjustly issued due
to procedural impropriety on the part of the Hereford Council.
During my informal representation, I explicitly brought to the
attention of Hereford Council the failure to adhere to the
procedural requirements outlined in the Road Management Act
2004. Despite highlighting this crucial aspect and providing
supporting evidence, the council failed to acknowledge or
address this issue in their response to my informal challenge.
Furthermore, it has been demonstrated in previous cases that
contravention code "23" has been successfully challenged due to
motorists' lack of understanding regarding the class of vehicle
designated for the parking space [Reference, A, B, C]. The PCN
received only states that the vehicle was parked in a "Parking
place or area not designated for that class of vehicle", the PCN
does not contain any wording around what class of vehicles are
permitted.
According to the Traffic Management Act (2004) Part 2, Chapter
1, Section 3 (1), Paragraph C [that if a notice to owner is
served despite the representations mentioned in sub-paragraph
(b), representations against the penalty charge must be made to
the enforcement authority in the form and manner and at the time
specified in the notice to owner]. However, the PCN which was
issued fails to meet this requirement. This oversight on the
part of the council constitutes a clear violation of the Road
Management Act 2004 and undermines the fairness and legality of
the PCN issued to me.
In light of the above, I kindly request that Hereford Council
review the evidence and withdraw the PCN issued to me. I trust
that upon further examination of the facts presented, the
council will acknowledge the procedural impropriety and rectify
this matter accordingly.
Thank you for your attention to this matter. I look forward to
receiving a prompt response.
References:
A: Mary Harding v Royal Borough of Kingston Upon Thames
(2160271291, 26 July 2016)
[
HTML https://drive.google.com/file/d/1QtmX9lLTLTQx6uRa9NDzJvfXcJuhzylV]
B: Yuriy Myronovyh V The City Of Edinburgh Council
(ED00154-2107, 04 October 2021)
[
HTML https://drive.google.com/file/d/1OUYGSdtOnnkZXwyyv3pZrXjhnyjMAMbe]
C: Robert Piatt v Manchester City Council (MC00876-2010, 15
October 2020)
[
HTML https://drive.google.com/file/d/1XqKhehvagEzi4MgvPQZEk65cZ2VuCDDg]
#Post#: 18560--------------------------------------------------
Re: PCN - Parking in Loading Bay - Hereford Council
DIR By: fraser.mitchell
Date: March 29, 2024, 7:39 pm
---------------------------------------------------------
It is not the Road Management Act 2004, but the Traffic
Management Act 2004, however the PCN is not compliant with the
regulation that supports operation of the Act, so you should
state this, not the TMA2004 - The Civil Enforcement of Road
Traffic Contraventions (Representations and Appeals) (England)
Regulations 2022
These regulations are supported by Section 80 and 89 of the TMA
2004
HTML https://www.legislation.gov.uk/ukpga/2004/18/section/80
HTML https://www.legislation.gov.uk/ukpga/2004/18/section/89
HTML https://www.legislation.gov.uk/ukdsi/2022/9780348232752/contents
In other words, the TMA 2004 gives powers to government
ministers to introduce regulations related to the provisions
contained in the Act.
So, delete all reference to the TMA 2004, and substitute with
the title of the regulations.
#Post#: 18716--------------------------------------------------
Re: PCN - Parking in Loading Bay - Hereford Council
DIR By: ivanleo
Date: March 31, 2024, 5:43 pm
---------------------------------------------------------
[member=1227]FaintPanda[/member] that will do but please note
it's not an appeal, it's a representation. When the council
inevitably rejects, we'll help with the appeal to the Traffic
Penalty Tribunal.
#Post#: 19078--------------------------------------------------
Re: PCN - Parking in Loading Bay - Hereford Council
DIR By: FaintPanda
Date: April 5, 2024, 6:34 am
---------------------------------------------------------
Is it normal to have to post this off, rather than submit it
online? No where does it say that there is an online option
available, only post.
#Post#: 19080--------------------------------------------------
Re: PCN - Parking in Loading Bay - Hereford Council
DIR By: fraser.mitchell
Date: April 5, 2024, 8:01 am
---------------------------------------------------------
Some councils are still in the age of quill pens and wigs, I'm
afraid.
On their website, one can challenge a PCN, but it seems only
paper, pen, and ink, representations are permitted to submit
formal representations.
#Post#: 19128--------------------------------------------------
Re: PCN - Parking in Loading Bay - Hereford Council
DIR By: ivanleo
Date: April 5, 2024, 6:57 pm
---------------------------------------------------------
--- Quote from: FaintPanda link ---
>
> Is it normal to have to post this off, rather than submit it
online? No where does it say that there is an online option
available, only post.
>
--- End Quote ---
You can make representations here
HTML https://councilparking.org/herefordshire/Pages/OnlineReferenceEntry.aspx?loadtype=FORMAL
Keep a screenshot of the confirmation page.
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