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#Post#: 23623--------------------------------------------------
Re: LBBD, code 12 parked in resident's bay, Halbutt Street RM9
5AH
DIR By: george74
Date: May 22, 2024, 5:32 pm
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Thank you CP for providing the challenge above.
I tried to hold out for the letter but there have been delays -
I have submitted the challenge above now without the letter
(added diagnosis, appointment, and treatment letters).
Will update when I hear back.
#Post#: 25219--------------------------------------------------
Re: LBBD, code 12 parked in resident's bay, Halbutt Street RM9
5AH
DIR By: george74
Date: June 7, 2024, 11:06 am
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Rejected
HTML https://ibb.co/rcvrC53
HTML https://ibb.co/mzt5Y2S
#Post#: 25384--------------------------------------------------
Re: LBBD, code 12 parked in resident's bay, Halbutt Street RM9
5AH
DIR By: george74
Date: June 9, 2024, 10:03 am
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How can I challenge this? To me, it seems they have not actually
addressed my challenges
#Post#: 25734--------------------------------------------------
Re: LBBD, code 12 parked in resident's bay, Halbutt Street RM9
5AH
DIR By: george74
Date: June 12, 2024, 4:09 pm
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Bump
#Post#: 25749--------------------------------------------------
Re: LBBD, code 12 parked in resident's bay, Halbutt Street RM9
5AH
DIR By: Pastmybest
Date: June 12, 2024, 5:05 pm
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The NoR whilst not specifically addressing your points in
mitigation does do enough to comply with the Halton Council vs
the road user charging adjudicator ruling that the adjudicator
is bound to follow
Any continuation with this would be trusting to the council
cocking up which the often do
#Post#: 26254--------------------------------------------------
Re: LBBD, code 12 parked in resident's bay, Halbutt Street RM9
5AH
DIR By: ivanleo
Date: June 16, 2024, 9:18 am
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[member=233]george74[/member] well there are several issues here
but in a case like this, I think it's important to remember
regulation 7(8) of The Civil Enforcement of Road Traffic
Contraventions (Representations and Appeals) (England)
Regulations 2022
HTML https://www.legislation.gov.uk/uksi/2022/576/regulation/7:
[indent]
(8) If an adjudicator—
[indent]
(a) does not allow an appeal, but
(b) is satisfied that there are compelling reasons why, in the
particular circumstances of the case, the enforcement notice
should be cancelled,
[/indent]
the adjudicator may recommend to the enforcement authority that
it cancel the enforcement notice.
[/indent]
Even if the adjudicator cannot find any legal ground to allow
the appeal, I still think virtually all adjudicators would make
a recommendation that the penalty be cancelled. In one third of
cases the council refuses the recommendation, in one third of
cases it accepts it, and in the other third it does not respond,
and if there is no response after 35 days then they are deemed
to have accepted the adjudicator's recommendation.
Therefore at worst you have a 66% chance of getting the penalty
cancelled, and we might also find some statutory ground that the
adjudicator accepts, including in particular failure to consider
which some adjudicators still accept notwithstanding the Halton
judgment, which strictly speaking does not apply to parking
cases.
On that ground, my personal recommendation would be to carry on.
#Post#: 26869--------------------------------------------------
Re: LBBD, code 12 parked in resident's bay, Halbutt Street RM9
5AH
DIR By: george74
Date: June 20, 2024, 6:00 am
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Thank you, I plan to appeal this. I am not familiar with the
next steps, anything I should be aware of?
#Post#: 27224--------------------------------------------------
Re: LBBD, code 12 parked in resident's bay, Halbutt Street RM9
5AH
DIR By: ivanleo
Date: June 23, 2024, 6:07 am
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The instructions for appealing are on the notice of rejection,
but I'll drop you a PM
HTML https://www.ftla.uk/index.php?action=pm
in case you'd like to be
represented.
#Post#: 28761--------------------------------------------------
Re: LBBD, code 12 parked in resident's bay, Halbutt Street RM9
5AH
DIR By: george74
Date: July 5, 2024, 1:24 pm
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I received the evidence pack from the council. I noticed that
while they have included my online reps - they do not include
the attachments sent in with the reps i.e. in my formal
challenge, I simply wrote "see attached" and attached my
challenge in a pdf along with diagnosis letters and appointment
letters - but those attachments have not been included, so my
formal challenge is also not included.
Can it be dismissed on these grounds?
Side note, I have had many tickets now but never gone to
tribunal myself. I am slightly excited to see what happens even
if I lose.
#Post#: 28769--------------------------------------------------
Re: LBBD, code 12 parked in resident's bay, Halbutt Street RM9
5AH
DIR By: H C Andersen
Date: July 5, 2024, 3:09 pm
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The permit is under my wife's account.
Which would suggest that she is the RK.
To buy a resident permit in Barking in Dagenham you must:
live in the borough
have a permit online account
have your vehicle registered in the borough
provide proof of residence and proof of ownership of the vehicle
the permit is for (see the documents you will need under Step 1
- Create an Account)
Who is the registered keeper and in whose name were the reps and
the appeal made?
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