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#Post#: 17708--------------------------------------------------
Re: York Main Street - Parked for Longer Than Permitted
DIR By: twigtwig
Date: March 19, 2024, 10:36 am
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Hello! The appeal was rejected - letter attached below.
Would it be worth resubmitting once the NtO is received on the
same grounds?
HTML https://www.dropbox.com/scl/fi/5k4jv78e1huln2bsf9txu/Notice-of-Rejection-Redacted.pdf?rlkey=dffgx2xf2vejosx1hg1l6xtua&dl=0
#Post#: 17718--------------------------------------------------
Re: York Main Street - Parked for Longer Than Permitted
DIR By: fraser.mitchell
Date: March 19, 2024, 11:52 am
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What a load of tosh they've written. Clearly the bloke who wrote
it is completely ignorant of the law. The regulations define
content of PCNs. A council can't decide what to include and what
not. It is up to you whether to risk the full PCN penalty and
wait for the Notice to Owner or just cough-up the discount, but
I'd go for it if it were me.
#Post#: 17858--------------------------------------------------
Re: York Main Street - Parked for Longer Than Permitted
DIR By: twigtwig
Date: March 20, 2024, 12:37 pm
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Hi, what do you think the chances of this winning either at
formal appeal or adjudicator? I think that we have a strong
case, if the PCN does not contain all the information which it
is required to? Best,
#Post#: 17863--------------------------------------------------
Re: York Main Street - Parked for Longer Than Permitted
DIR By: kingsy
Date: March 20, 2024, 1:51 pm
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Just wait now for the notice to keeper then submit your formal
reps (appeal) using the same argument (+ things wrong with NtK)
- you will probably get a rejection again and then it will be on
to adjudicator :) I've just got to the adjudication stage with
my own ticket.
Post the Notice to Keeper when you get it
Note dates when you get any letters from the council regarding
the PCN.
#Post#: 17952--------------------------------------------------
Re: York Main Street - Parked for Longer Than Permitted
DIR By: twigtwig
Date: March 21, 2024, 9:54 am
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--- Quote from: kingsy link ---
>
> Just wait now for the notice to keeper then submit your formal
reps (appeal) using the same argument (+ things wrong with NtK)
- you will probably get a rejection again and then it will be on
to adjudicator :) I've just got to the adjudication stage with
my own ticket.
>
> Post the Notice to Keeper when you get it
>
> Note dates when you get any letters from the council regarding
the PCN.
>
--- End Quote ---
Thanks - is yours also similar ticket with York?
Yes I agree [member=12]Incandescent[/member] - I think that it
is clear the PCN doesn't contain all the info that is necessary,
but that will be tested by the NTO reps / adjudicator?
#Post#: 17983--------------------------------------------------
Re: York Main Street - Parked for Longer Than Permitted
DIR By: fraser.mitchell
Date: March 21, 2024, 1:27 pm
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The councils will say all is perfection. The only place where
this argument will get a consideration is at the adjudicators,
and only if you make it one of your appeal points. In this case
it would be under the statutory grounds of "procedural
impropriety" in that they haven't followed the regulations for
PCN content. In the regulation, the relevant clause used the
word "must", not "should", so the listed content must be on the
PCN.
#Post#: 18062--------------------------------------------------
Re: York Main Street - Parked for Longer Than Permitted
DIR By: twigtwig
Date: March 22, 2024, 6:21 am
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Thanks Incandescent. I agree with your reading of it, so lets
see how we get on. I'll let you know when there is an update
from council with the NTO. Thanks.
#Post#: 18657--------------------------------------------------
Re: York Main Street - Parked for Longer Than Permitted
DIR By: ivanleo
Date: March 31, 2024, 8:08 am
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I agree this is one of the worst PCNs I've seen, and one of the
worst informal rejection I've seen.
While I'm at it I have requested the traffic order for this
location, the last case like this that I dealt with turned out
not to have a valid order at all (at least not one the council
could prove existed).
#Post#: 19925--------------------------------------------------
Re: York Main Street - Parked for Longer Than Permitted
DIR By: twigtwig
Date: April 18, 2024, 1:26 pm
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Hello all.
The Notice To Owner has arrived. I was planning to submit an
appeal on the grounds from the first informal appeal namely;
--- Quote ---
> It does not contain the necessary information which is set out
in The Civil Enforcement of Road Traffic Contraventions
(Representations and Appeals) (England) Regulations 2022, under
which the ticket has been issued.
>
> The regulations prescribe in Chapter 3 Section 1, information
about the motorists’ rights to make representations or appeal,
which must be included in regulation 9 penalty charge notices
and enforcement notices.
>
> 3.—(1) A regulation 9 penalty charge notice must include the
following information—
>
> (a)that a person on whom a notice to owner is served may, in
accordance with these Regulations, make representations to the
enforcement authority against the penalty charge and, if those
representations are rejected, appeal to an adjudicator;
>
> (b)that if, before a notice to owner is served,
representations against the penalty charge are received at such
address as may be specified in the notice for the purpose those
representations will be considered by the enforcement authority;
>
> (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.
>
> This notice does not contain sections B or C. Therefore, as
this PCN is not compliant with the regulations under which it
was issued, I request that it is cancelled.
>
--- End Quote ---
NTO is attached below. Any thoughts / feedback etc would be
warmly received.
HTML https://www.dropbox.com/scl/fi/95glsyv9fb0yypgc0gied/Notice-To-Owner-redacted.pdf?rlkey=3tybs2h430sh8uq8izo6031y5&dl=0
#Post#: 20201--------------------------------------------------
Re: York Main Street - Parked for Longer Than Permitted
DIR By: ivanleo
Date: April 21, 2024, 2:04 pm
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[member=85]twigtwig[/member] please post all the remaining pages
of the notice to owner, as we need to check everything. Also
re-post the first page with just your name and address redacted.
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