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#Post#: 27284--------------------------------------------------
Re: Redbridge PCN code 86 out of bay
DIR By: ivanleo
Date: June 23, 2024, 11:21 am
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--- Quote from: Staygulf link ---
>
> [quote author=cp8759 link=topic=2136.msg27117#msg27117
date=1719063473]
> You have 28 days from the date of receipt to submit
representations. Is there anyone who could check your post for
you?
>
--- End Quote ---
28 days from receipt of the NTO? But they will surely await 14
days to see if we make payment before issuing the NTO? That
takes us up until 4 July and we are back on 14 July.
[/quote]
Based on those dates you'll be fine to just wait till you get
back.
#Post#: 30341--------------------------------------------------
Re: Redbridge PCN code 86 out of bay
DIR By: Staygulf
Date: July 19, 2024, 5:09 am
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the NTO has now been received.
[member=1]cp8759[/member] are you able to assist in drafting
suitable representations to LBR please?
HTML https://1drv.ms/b/s!AgBjZaEfjV0RvGW3j8o2W92Ecupl?e=aUTUsb
#Post#: 30374--------------------------------------------------
Re: Redbridge PCN code 86 out of bay
DIR By: H C Andersen
Date: July 19, 2024, 7:51 am
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There aren't any regulations which govern local authority
off-street car parks as far as I'm aware. Neither is it
practical or proportionate IMO for every relevant article of an
order to be stated within the car park.
Photos are not a legal requirement. In any event the council
have provided clear photos showing the significant incursion of
the vehicle into an adjoining bay. As photos aren't a legal
requirement it follows that the absence of a photo of the
noticeboard cannot be a defence.
However, given the authority's terse and incomplete response to
initial reps I would focus on their attitude to discharging
their duty and look for a procedural impropriety defence.
IMO, acknowledge that the car was astride 2 bays- give reasons
as well if necessary- but make the point that the conditions of
use displayed on the noticeboard were noted but as these did not
refer to 'parking wholly within a bay' even less to the
council's powers should a driver err in this way the driver did
not feel it was their absolute duty to park wholly within the
bay.
If the authority consider that parking in this instance gives
them the power to demand a penalty then they must explain why
this is not brought to drivers' attention at the site. Any
response to these representations which fail to address this
point must be incomplete and therefore a procedural impropriety.
OP, use whatever words you like but IMO:
Acknowledge that the car sat in 2 bays;
State clearly that the noticeboard was read;
State your argument as regards the penalty;
Require them to respond;
..and if the payment machine gives different conditions to those
on the noticeboard, highlight this discrepancy, state that it is
confusing and ask why those on the machine are not replicated on
the board given that certain drivers are exempt from payment and
would not as a matter of course consult the machine, therefore
placing them at a legal disadvantage.
They'll be other comments, I'm sure.
#Post#: 30411--------------------------------------------------
Re: Redbridge PCN code 86 out of bay
DIR By: ivanleo
Date: July 19, 2024, 11:38 am
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[member=53]Staygulf[/member] honestly you can just use the draft
in reply 11 above, there isn't really any need to say anything
more than that.
#Post#: 30673--------------------------------------------------
Re: Redbridge PCN code 86 out of bay
DIR By: Staygulf
Date: July 22, 2024, 6:16 am
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--- Quote from: cp8759 link ---
>
> [member=53]Staygulf[/member] honestly you can just use the
draft in reply 11 above, there isn't really any need to say
anything more than that.
>
--- End Quote ---
[member=1]cp8759[/member] Just to be sure, I used those words
for the informal challenge. Are you suggesting I should merely
repeat them for the formal representations or should I put more
meat on the bones as suggested by H C Andersen but include those
words again?
#Post#: 30857--------------------------------------------------
Re: Redbridge PCN code 86 out of bay
DIR By: ivanleo
Date: July 23, 2024, 1:50 pm
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It's up to you but I would just use the same wording as used
last time round. After all it's Redbridge we're talking about,
so your representation will go to a mindless drone who will send
you a fob-off rejection.
#Post#: 34943--------------------------------------------------
Re: Redbridge PCN code 86 out of bay
DIR By: Staygulf
Date: August 29, 2024, 10:31 am
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As expected, Redbridge have rejected the representations but
their response does not appear to have properly considered them.
We should now like to appeal, so help would be appreciated in
drafting the appropriate wording.
[member=1]cp8759[/member] ?
HTML https://1drv.ms/b/c/115d8d1fa1656300/ES8hqpCfgZ9El3yh62CZGIoBpqlc-dbe_jIGDQb8DUp5GA?e=nlGY1f
#Post#: 34956--------------------------------------------------
Re: Redbridge PCN code 86 out of bay
DIR By: ivanleo
Date: August 29, 2024, 11:15 am
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[member=53]Staygulf[/member] well as the discount is not on
offer it's a no-brainer to carry on, I'm going to drop you a PM
in case you'd like me to represent you.
#Post#: 34958--------------------------------------------------
Re: Redbridge PCN code 86 out of bay
DIR By: Hippocrates
Date: August 29, 2024, 11:31 am
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Appeals are held at Hearing Square, Angel Square, Upper Ground
Floor, Block 2, London EC1V 1NY :o :o :o
What happens if I do not pay, or do not appeal?
Should you fail to pay or appeal to the parking adjudicator,
then a charge certificate will be issued, increasing the charge
by 50%. You have 14 days in which to pay this. There is no
further right to appeal at this stage. >:(
#Post#: 34960--------------------------------------------------
Re: Redbridge PCN code 86 out of bay
DIR By: Staygulf
Date: August 29, 2024, 11:34 am
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--- Quote from: Hippocrates link ---
>
> Appeals are held at Hearing Square, Angel Square, Upper Ground
Floor, Block 2, London EC1V 1NY :o :o :o
>
> What happens if I do not pay, or do not appeal?
>
> Should you fail to pay or appeal to the parking adjudicator,
then a charge certificate will be issued, increasing the charge
by 50%. You have 14 days in which to pay this. There is no
further right to appeal at this stage. >:(
>
--- End Quote ---
I'm sorry, I don't understand the relevance of this. Please
explain.
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