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#Post#: 59002--------------------------------------------------
Re: Ticket for parking outside my house whilst my garden hedge
was being cut
DIR By: challenge_cheaters
Date: February 20, 2025, 6:26 am
---------------------------------------------------------
--- Quote from: H C Andersen link ---
>
> The decision was made on 31 Jan and therefore you are beyond
the time limit for asking for a review(14 days) although a
request could be submitted with reasons for lateness.
>
> But on what grounds?(not just that you disagree with the
decision).
>
> You were given several procedural impropriety arguments as
regards the NOR but I can't find any reference to these in the
decision. If you made these points but they were ignored by the
adjudicator then this could be grounds for a review. But you
need to act quickly.
>
> Have you got a copy of your appeal?
>
--- End Quote ---
Here you go:
A: The alleged contravention did not occur
Q: Please describe why you want to challenge the penalty charge
notice
A: Dear London Borough of Harrow,
The alleged contravention did not occur. It is alleged on the
PCN that a contravention
took place while my car was parked on Cannon Lane opposite
lamppost 3, but my car
was not at that location. Lamppost 3 is situated opposite number
19 Cannon Lane, but
my car was opposite number 16 Cannon Lane. If the contravention
alleged on the PCN
did not occur (which it did not), it is then irrelevant whether
a contravention did or didn't
occur at some other point along Cannon Lane, as it is only the
matter alleged on the
PCN that counts.
It follows that the PCN must be canceled.
Additionally, I am a resident of 11 Cannon Lane, whereby I just
moved my car to the road
whilst my garden hedge was being cut. It seems the parking
restriction is to prevent
commuters from parking there for free and then walking to Pinner
Underground Station,
and not to punish local residents.
Yours faithfully,
--- Quote from: H C Andersen link ---
>
> The decision was made on 31 Jan and therefore you are beyond
the time limit for asking for a review(14 days) although a
request could be submitted with reasons for lateness.
>
> But on what grounds?(not just that you disagree with the
decision).
>
> You were given several procedural impropriety arguments as
regards the NOR but I can't find any reference to these in the
decision. If you made these points but they were ignored by the
adjudicator then this could be grounds for a review. But you
need to act quickly.
>
> Have you got a copy of your appeal?
>
--- End Quote ---
#Post#: 59380--------------------------------------------------
Re: Ticket for parking outside my house whilst my garden hedge
was being cut
DIR By: challenge_cheaters
Date: February 23, 2025, 5:42 am
---------------------------------------------------------
Hi All, Any help/ further feedback would be much appreciated. I
think I have until 28 Feb to pay so hopefully I can hear back
from someone really soon. Thanks
#Post#: 59383--------------------------------------------------
Re: Ticket for parking outside my house whilst my garden hedge
was being cut
DIR By: SITR
Date: February 23, 2025, 7:12 am
---------------------------------------------------------
Forgive my uneducated take on this, but it seems you had a
reasonably valid procedural error to argue, then shot yourself
in the foot by saying "I'm a resident & I did indeed park there
because I don't believe I should be subject to the rules".
#Post#: 59399--------------------------------------------------
Re: Ticket for parking outside my house whilst my garden hedge
was being cut
DIR By: H C Andersen
Date: February 23, 2025, 10:43 am
---------------------------------------------------------
For some reason you did not include the procedural issue at
all/in sufficient detail* to persuade the adjudicator to your
cause.
I asked to see your appeal because had you made these points in
sufficient detail then the adjudicator was bound to consider
them, but their written decisions shows that they did not*.
I therefore cannot see any grounds for asking for a review
because the evidence of the impropriety of the NOR was known
prior to the hearing.
*- from the decision:
'..The Appellant states that the Notice of Rejection is
non-compliant.'
Where??
Did you tick the box 'procedural impropriety' when registering
your appeal but not include any substantive argument?
#Post#: 59430--------------------------------------------------
Re: Ticket for parking outside my house whilst my garden hedge
was being cut
DIR By: challenge_cheaters
Date: February 23, 2025, 3:46 pm
---------------------------------------------------------
--- Quote from: H C Andersen link ---
>
> For some reason you did not include the procedural issue at
all/in sufficient detail* to persuade the adjudicator to your
cause.
>
> I asked to see your appeal because had you made these points
in sufficient detail then the adjudicator was bound to consider
them, but their written decisions shows that they did not*.
>
> I therefore cannot see any grounds for asking for a review
because the evidence of the impropriety of the NOR was known
prior to the hearing.
>
> *- from the decision:
>
> '..The Appellant states that the Notice of Rejection is
non-compliant.'
>
> Where??
>
> Did you tick the box 'procedural impropriety' when registering
your appeal but not include any substantive argument?
>
--- End Quote ---
Hi there, I ticked 'The alleged contravention did not occur'.
Does it mean I just have to pay the fine? :(
#Post#: 59432--------------------------------------------------
Re: Ticket for parking outside my house whilst my garden hedge
was being cut
DIR By: H C Andersen
Date: February 23, 2025, 4:07 pm
---------------------------------------------------------
IMO, yes.
You can request a review but I cannot see relevant grounds and
the authority is not bound to halt progress while this plays out
and therefore could apply the surcharged penalty after the
28-day period has elapsed.
'Full penalty charge notice amount stated to be paid within 28
days.'
..
the period of 28 days beginning with the ...date on which the
adjudicator’s decision is served on [you].
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