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#Post#: 22505--------------------------------------------------
Re: is my pcn valid?
DIR By: guest584
Date: May 15, 2024, 3:05 am
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thanks, yes thats what i want to do, but i dont know what im
suppose to be saying to appeal it, can someone help me?
#Post#: 22513--------------------------------------------------
Re: is my pcn valid?
DIR By: guest17
Date: May 15, 2024, 4:09 am
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OP-- I'll draft you something today if possible.
Mike
#Post#: 22516--------------------------------------------------
Re: is my pcn valid?
DIR By: guest584
Date: May 15, 2024, 4:30 am
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thankyou so much mike
#Post#: 22541--------------------------------------------------
Re: is my pcn valid?
DIR By: guest17
Date: May 15, 2024, 7:09 am
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OP---did you get the NOR by post? If so it is essential that we
see it entirely.
The Council should have given you details of adjudication and
sent you a PIN Code.
So the question now, for others, is how to get access to TPT or
whether to send the appeal below back to the Council.
I would convert the appeal to pdf if its sent.
Name
Address
VRM:-CU56SXP
APPEAL AGAINST PENALTY CHARGE NOTICE-- NO. PT21541165
The Charge
Contravention 23 - Parked in a parking place or area not
designated for that class of vehicle
Circumstances
My vehicle made an emergency stop at this location because my
two children, who have learning difficulties, were biting their
cochlear implants which cost a significant amount of money. The
vehicle showed a Blue Badge which would not have been picked up
by your passing camera car. Likewise the camera car would not
have seen me in the back of the vehicle dealing with the
situation.
Appeal
The major impetus of this appeal is that the Enforcement
Authority have “achieved” several procedural improprieties, each
of which renders the penalty charge invalid and makes the
contravention given untenable.
1) The PCN is defective in that the Contravention Code 23 stated
does not have a suffix.
How the recipient of such a notice is supposed to understand
what vehicle is allowed in that bay is beyond me.
In this regard I would offer case MC49426047 ---- Mr Robert
Piatt - v - Manchester City Council in which the adjudicator
stated:-
“I therefore find that the contravention code used was deficient
in that the suffix was not used. If the suffix had been used
together with the words “goods vehicle loading bays” it would
have been more clear to the driver what he had done wrong. I
therefore agree with Mr Piatt that there was a procedural
impropriety“.
2) The PCN is defective in that a parking place was never
created by the TMO
Where the alleged parking contravention occurred the lines and
signs denote a no stopping prohibition; the TMO never created a
parking place so the contravention given is untenable. In this
regard I would offer the following case--- 2230157501 Rafael
Mendez v London Borough of Lambeth:-
“On examination of the Traffic Management Order (TMO) produced
by the
Authority, I find that it does not create a designated parking
place”
3) Increased penalty statement is incorrect and fetters the
Council’s discretion
The PCN states that the penalty charge will be increased by 50%
and steps will be taken to enforce payment. This relates to the
charge certificate stage where the legislation notes:-
20.—(1) Where a notice to owner is served on any person and the
penalty charge to which it relates is not paid before the end of
the relevant period, the authority serving the notice may serve
on that person a statement (a “charge certificate”) to the
effect that the penalty charge in question is increased by the
amount of the applicable surcharge.
This will/may issue is important as in the following case:-
AW00056-1811 Claire Jones - v - Cheshire West and Chester
Council where the adjudicator remarked:-
“In my view there is an important distinction between the words
“may” and “will”. The wording set out in the Regulations shows
that the issue of a Charge Certificate is discretionary. Use of
the word “will” in the Notice of Rejection suggests that the
issue of an increased charge is automatic. In my view this is
misleading. I am therefore allowing the appeal on the grounds of
procedural impropriety“
4) The Notice of Rejection (NOR) is Defective
My Regulation 10 PCN also acts as a Notice to Owner as per
20(4)(a) The Civil Enforcement of Road Traffic Contraventions
(General Provisions) (Wales) Regulations 2013.
Under the Appeal Regs the NOR should therefore enclose details
as follows particularly an appeal to an adjudicator:-
Rejection of representations against notice to owner
6.—(1) Where representations are made under regulation 4 and the
enforcement authority serves a notice of rejection under
regulation 5(2)(b), that notice must—
(a)state that a charge certificate may be served unless within
the period of 28 days beginning with the date of service of the
notice of rejection—
(i)the penalty charge is paid; or
(ii)the person on whom the notice is served appeals to an
adjudicator against the penalty charge;
(b)indicate the nature of an adjudicator’s power to award costs;
and
(c)describe in general terms the form and manner in which an
appeal to an adjudicator must be made.
Since I’m missing the essential PIN Code I cannot access TPT and
I am therefore forced to return this appeal to the Council
whereas TPT is it’s proper destination. This of course ranks as
a procedural impropriety of the first order.
Want to give up now before I start on the illegality of moving
camera cars and withholding your discretion against two disabled
boys?
Yours
#Post#: 22638--------------------------------------------------
Re: is my pcn valid?
DIR By: guest584
Date: May 15, 2024, 4:47 pm
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Thanks Mike, no i havent had the pin, so do i email this email
back and ask for it?pcn-query@wppp.org.uk
O
#Post#: 22663--------------------------------------------------
Re: is my pcn valid?
DIR By: guest17
Date: May 16, 2024, 2:47 am
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Send this:-
URGENT
Name
Address
PCN number
You sent me a Notice of Rejection, after I submitted an appeal,
but failed to give me any information regarding my rights to
seek adjudication at TPT. Crucially I require a PIN number to
register with the Tribunal.
Obviously this is a major procedural impropriety which I will
raise at any hearing.
Would you send me the above information asap please?
Otherwise, I will understand if you decide to cancel the PCN
after this procedural glitch.
Yours
At the same time, for insurance, send an email to the tribunal
indicating that your NOR does not contain a Pin number and ask
their advice:-
help@trafficpenaltytribunal.gov.uk
In your appeal I would add this to the circumstances bit--
The law does give an exemption if the vehicle has to be stopped
in a restricted bus stop in order to avoid injury or damage to
persons or property (TSRGD 2016 at S7-6-4(2)(b))
Mike
#Post#: 22814--------------------------------------------------
Re: is my pcn valid?
DIR By: guest584
Date: May 17, 2024, 6:32 am
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success they cancelled it! thankyou very much for your help
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