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#Post#: 6086--------------------------------------------------
Re: PCN Bromley, code 62 parked with wheels on a footpath,
Elmstead Lane
DIR By: BlueDog8
Date: September 26, 2023, 5:24 am
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Thanks for the advice,
We’ve actually recently moved house. So my wife (the car is
registered to her) changed the address in the V5C yesterday.
So what should I do next?
In their letter, the council said, “Your correspondence
indicates that you were not aware of the restriction”
But that’s not what I said at all.
I said that the car was parked on a carriage way. A cycle
carriageway. Therefore not a footpath.
What do you think?
Thanks,
Thomas
#Post#: 6096--------------------------------------------------
Re: PCN Bromley, code 62 parked with wheels on a footpath,
Elmstead Lane
DIR By: John U.K.
Date: September 26, 2023, 7:22 am
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--- Quote ---
> changed the address in the V5C yesterday.
--- End Quote ---
You must notify the council of the change of address, otherewise
the NtO will go to the addresds on the date of contravention -
it may still do -what arrangements are in place to receive mail?
#Post#: 6098--------------------------------------------------
Re: PCN Bromley, code 62 parked with wheels on a footpath,
Elmstead Lane
DIR By: BlueDog8
Date: September 26, 2023, 7:30 am
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The old address is my mum's so we'll get the letter there.
How should I notify the council? Or doesn't it matter as we'll
get the letter anyway?
What about their reply saying (incorrectly) that I told them I
wasn't aware of the restriction? and nothing addressing that the
cycle path is a carriage way and not a footpath.
I guess I should pursue it, it's not really fair.
So wait for the letter and go from there?
Thanks,
Thomas
#Post#: 6176--------------------------------------------------
Re: PCN Bromley, code 62 parked with wheels on a footpath,
Elmstead Lane
DIR By: ivanleo
Date: September 26, 2023, 5:53 pm
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Firstly in this context there is no "we", only one person is the
registered keeper. Write to the council now:
[indent]
Dear London Borough of Bromley,
Please be advised that on the date when you allege a
contravention took place, the vehicle was registered in my name
at DVLA and (full address and postcode).
However on (date) I moved to (new address and postcode),
therefore this is my address for service. Service at any other
address will not be good service. I attach the front page of my
V5C as proof.
Yours faithfully,
[/indent]
If the council ignore this and send the NTO to the old address,
there's grounds to claim a procedural impropriety on that point.
Once you have the Notice to Owner, we can make a new
representation dealing with all the various points.
#Post#: 6429--------------------------------------------------
Re: PCN Bromley, code 62 parked with wheels on a footpath,
Elmstead Lane
DIR By: BlueDog8
Date: September 30, 2023, 1:32 pm
---------------------------------------------------------
Thanks very much for your advice. On Thursday 28th September my
wife (the registered keeper) wrote to the council and included a
copy of her V5C with the new address on:
“Eba Florence Maxwell-Aylwin
182 Elmstead Lane
Chislehurst
Kent
BR7 5EN
28th September 2023
London Borough of Bromley Council
Civic Centre
Stockwell Close
Bromley
Kent
BR1 3UH
Your Ref: BY20081824

Dear London Borough of Bromley,


Please be advised that on the date when you allege a
contravention took place, the vehicle was registered in my name
at the DVLA at:
13 Red Hill
Chislehurst
Kent
BR7 6DB


However on the 19th May 2023, I moved to:
182 Elmstead Lane
Chislehurst
Kent
BR7 5EN
Therefore, this is my address for service. Service at any other
address will not be good service. I attach the front page of my
V5C as proof.


Yours faithfully,
Eba Florence Maxwell-Aylwin”
Let me know if I need to do anything further.
I’ll keep you posted of any developments.
Thanks so much, again,
Thomas
#Post#: 12774--------------------------------------------------
Re: PCN Bromley, code 62 parked with wheels on a footpath,
Elmstead Lane
DIR By: BlueDog8
Date: December 21, 2023, 1:11 pm
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Hi,
We received what we believe may have been the notice to owner at
my mums address (they sent it to the wrong one). However, we've
since mislaid the letter before it was opened and are still
looking for it (actually true believe it or not).
My wife then got the following letter (yesterday, 20th Dec), a
second Notice of Rejection of Challenge (that implies another
Notice to Owner is on the way?).
Any advice much appreciated.
Thanks and merry Christmas!
Thomas
*************************************
THE LONDON BOROUGH of BROMLEY
Our Ref: BY20081824
121APC211 684730000034
E Maxwell-Alywim
182 Elmstead Lane
Chislehurst
Kent
BR75EN
19/12/2023
Dear Sir/Madam,
Traffic Management Act 2004 (as amended)
Penalty Charge Notice number: BY20081824
Vehicle Registration: MX15WEL
Contravention Date: 18/07/2023
Contravention Time: 10:06
Location: ELMSTEAD LANE, CHISLEHURST
Notice of Rejection of Challenge
Thank you for your recent communication in connection with the
above Penalty Charge
Notice (PCN).
The PCN was issued as your vehicle was parked with one or more
wheels on any part of the road other than a carriageway.
Having reviewed the case, we have decided not to cancel the PCN.
The reasons for our
decision and the options available to you at this stage are set
out below.
Your correspondence indicates that you were not aware of the
restriction and we are
therefore required to check the clarity and accuracy of the
footway parking at ELMSTEAD LANE, CHISLEHURST.
Parking on the footway has been banned across London since 1985.
It is only permitted in areas exempted by the Local Authority,
and there must be blue signs showing how you may park. There is
no requirement for signage where there are no exemptions as the
ban is London wide.
In some Bromley roads white marked bays are provided to confirm
exactly where exemptions apply, however, there are also roads
where an area of the footway has been made exempt and there are
no white marked bays. If white marked bays are provided, then
you must ensure that you park fully within said bays to be
exempt from the ban. Footway parking exemption bays are only
ever marked on the flat sections of the pavement, never on
dropped footway sections or grass verges etc.
Having checked the photographic evidence available for this
case, we are satisfied that the signs/lines are correct and in
line with the regulations.
If you would like to view the evidence we have in relation to
this notice, then please logon to: www.bromley.qov.uk/parkinq
and follow links to pay/appeal your PCN. When prompted, enter
your PCN number and vehicle registration details, the available
evidence can then be accessed using the 'View Evidence' button
towards the bottom of the screen.
Going forward
The discount payment amount of £55.00 has been reinstated so you
can pay and close the
case. You have 14 days from the date of this letter being served
to do this. This is Notice will be taken to have been served on
the second working day after the date of posting (shown above)
unless you can show that it was not.
You can pay £110.00 if you pay outside this period. You have 28
days from the date of this Notice being served to do this.
Alternatively, if you wish to make formal representations
regarding the PCN you will need to wait for the Notice to Owner
(NtO) to be sent to the registered keeper of the vehicle. They
will then be able to submit formal representations to the
Council.
Act now
If, after 28 days, you have taken no action, we will send the
NtO to the registered keeper of the vehicle. They will then have
28 days to pay the charge or submit formal representations
against the PCN to the Council.
How to pay
Payments can be made:
• By Phone: 0330 088 4681 (24hrs debit/credit card) (Please have
your PCN and
credit/debit card ready). You may make payment with most major
credit or debit cards
(not Diners Card or American Express).
• Online at: www.bromley.qov.uk/parking
• By Post to: Bromley Parking Services, PO Box 1166, Wellington
House, Uxbridge,
UBS 9BD. Please do not send cash by post. Cheques and postal
orders should be
made payable to 'London Borough of Bromley'.
• In Person at: Bromley Civic Centre Payment Desks, Stockwell
Close, Bromley, BR1
3UH, during office hours. Please ensure you have your PCN number
with you.
Please note: Further communication may not be responded to the
statutory options
set out above are the only options available to you.
Yours faithfully
J James
Parking Support Officer
Issued by Bromley Parking Services
#Post#: 12790--------------------------------------------------
Re: PCN Bromley, code 62 parked with wheels on a footpath,
Elmstead Lane
DIR By: mrmustard
Date: December 21, 2023, 5:41 pm
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The Notice to Owner cannot be served on you (not just sent to
you) after the expiry of 6 months starting with the date of the
alleged contravention.
With a bit of luck the change of address notification will slow
the system down and the Notice to Owner may reach you after 18
January 2024 and if that is the case you can simply tell the
council they are legally out of time.
I think this was a shared use footpath (having gone up and down
the road on google street view) and I'm a big cyclist (I also
drive) so unimpressed with the parking but I am even less
impressed with the wroding of the council's PCN so could beat
this PCN at the tribunal based upon my recent experiences there.
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