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DIR Return to: Civil penalty charge notices (Councils, TFL and so ...
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#Post#: 24917--------------------------------------------------
Re: Birmingham, code 01 parked in a restricted street, Louisa
Street Bank holiday Sunday
DIR By: H C Andersen
Date: June 4, 2024, 7:49 am
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OP, at this stage I suggest you just stick to the basics of why
and for how long you were there, who is the registered keeper
and are their DVLA details current.
By the way, it's very sensible of the council to switch off the
meters on days when parking is free, which begs the question:
why did you even look?
Is this simply a case of you parking on a SYL and being unsure
of the restricted hours consulted a P&D machine and on finding
that parking in a parking place was free assumed the same
applied to the SYL? Quite common I would think.
On another point, if the CPZ sign posted by Incandescent is
still there then the contravention grounds are incorrect because
loading is also prohibited.
#Post#: 24919--------------------------------------------------
Re: Birmingham, code 01 parked in a restricted street, Louisa
Street Bank holiday Sunday
DIR By: Lee74
Date: June 4, 2024, 8:09 am
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Hi
Thanks for your reply registered keeper is my employer. DVLA
details are current. I looked to see the times of operation i
presumed this would be inline with the single yellow as i wasnt
aware of the CPZ.
Yes the sign is till there.
#Post#: 25085--------------------------------------------------
Re: Birmingham, code 01 parked in a restricted street, Louisa
Street Bank holiday Sunday
DIR By: Lee74
Date: June 6, 2024, 3:55 am
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I have just found this on Mr Mustards posts
The Appellant is represented by Mr D Dishman.
The Authority's case is that the Appellant's vehicle made a
prohibited turn (no right turn) when in Reede Road on 22 January
2023 at 16.38.
I have allowed this appeal because I find the PCN has
incorrectly stated the period for payment of the reduced penalty
amount as being '...14 days beginning with the date of service
of this notice...'. The correct time period is '14 days from the
date of the Notice'.
Accordingly, I find the PCN is not compliant with the
regulations and not enforceable.
The appeal is allowed.
Mine says the same mistake ? Would this be my defence?
Thanks
#Post#: 25095--------------------------------------------------
Re: Birmingham, code 01 parked in a restricted street, Louisa
Street Bank holiday Sunday
DIR By: H C Andersen
Date: June 6, 2024, 7:02 am
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No. Different legislation with different provisions.
So, what does your employer being the registered keeper mean in
practice?
That if the authority reject your challenge they would be issued
with a Notice to Owner demanding the full penalty with no
discount offered. They cannot transfer liability to you, it's
their head on the block.
So, what's their normal practice for dealing with NTOs?
As I posted, the contravention is incorrect. If the authority
wish to rely upon the contravention having occurred in a CPZ
then the validity of their gateway signs comes into play. The
sign we've seen creates 24/7 No Waiting and No Loading
restrictions. It therefore follows that the contravention
grounds cannot be 'parked in a restricted street etc.' it can
only be:
'Parked or loading/unloading in a restricted street etc..'
Why does this matter?
Because the PCN is required by law to state the contravention
grounds and this one doesn't.
Wait for others to comment.
#Post#: 25370--------------------------------------------------
Re: Birmingham, code 01 parked in a restricted street, Louisa
Street Bank holiday Sunday
DIR By: Lee74
Date: June 9, 2024, 7:00 am
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ok so todays is my last day to submit. Anyone know what basis I
should appeal on? Thanks in advance
#Post#: 25505--------------------------------------------------
Re: Birmingham, code 01 parked in a restricted street, Louisa
Street Bank holiday Sunday
DIR By: mrmustard
Date: June 10, 2024, 7:31 am
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The PCN is now at £70 so no point in submitting a challenge now,
if not already done and provided this isn't a leased car.
Might as well wait for the Notice to owner which will be sent to
the address registered at DVKLA (best go and look at the
registration document itself to check it is up to date).
#Post#: 25765--------------------------------------------------
Re: Birmingham, code 01 parked in a restricted street, Louisa
Street Bank holiday Sunday
DIR By: ivanleo
Date: June 12, 2024, 5:56 pm
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[member=1868]Lee74[/member] the main point really is whether
your employer will allow you to challenge the penalty on their
behalf. I suggest that is the next thing you need to find out
because without the registered keeper's cooperation, you're not
going to be pursuing any appeal.
#Post#: 27171--------------------------------------------------
Re: Birmingham, code 01 parked in a restricted street, Louisa
Street Bank holiday Sunday
DIR By: Lee74
Date: June 22, 2024, 4:19 pm
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So I have received a reply. Doesn't bare any resemblance to what
my appeal was.. Do I reply or now wait?
HTML https://i.imgur.com/IQYCBUV.jpeg
HTML https://i.imgur.com/QwV5u4H.jpeg
HTML https://i.imgur.com/g8dmmS7.jpeg
#Post#: 27176--------------------------------------------------
Re: Birmingham, code 01 parked in a restricted street, Louisa
Street Bank holiday Sunday
DIR By: fraser.mitchell
Date: June 22, 2024, 4:27 pm
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HCA has suggested grounds for cancellation on the grounds of
procedural impropriety in that the PCN fails to describe the
contravention that occurred. As far as I can see there is
nothing else you could rely on, the signage is clear enough.
#Post#: 27292--------------------------------------------------
Re: Birmingham, code 01 parked in a restricted street, Louisa
Street Bank holiday Sunday
DIR By: ivanleo
Date: June 23, 2024, 12:27 pm
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--- Quote from: Lee74 link ---
>
> So I have received a reply. Doesn't bare any resemblance to
what my appeal was.. Do I reply or now wait?
>
--- End Quote ---
[member=1868]Lee74[/member] neither, as I said earlier you need
to secure agreement from your employer that you will be allowed
to challenge the penalty on behalf of the company.
There is no point in replying as the council won't consider
anything you send before a notice to owner is served. If you
wait and your employer pays the PCN upon receipt, you lose the
right to appeal and they'll likely demand that you reimburse
them. Hence you need to secure agreement from the company that
they will allow you to challenge the penalty and you need to do
this now, before the notice to owner is issued.
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