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#Post#: 37673--------------------------------------------------
Re: PCN Code 21 Parked in a suspended bay - vehicle removed
DIR By: Phantomcrusader
Date: September 20, 2024, 7:12 pm
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and here we have a perfect example of why EDW and Bogsy were
right about removals and the Tribunal/adjudcators were wrong.
You pay up front, make a formal rep and hear nothing back. Under
the current process the appellant cannot get the case set back
because no Order for Recovery with a witness statement form will
ever be served because the appellant was forced to pay the PCN
upfront. The Council deviated from the TMA 2004. What is the
point of serving a TMA 2004 PCN if payment and appeal follow
s.101A RTRA 1984
HTML https://www.legislation.gov.uk/ukpga/1984/27/section/101Aand<br
/>s.101B RTRA 1984
HTML https://www.legislation.gov.uk/ukpga/1984/27/section/101B?
If a
regulation 9 PCN
HTML https://www.legislation.gov.uk/uksi/2022/576/regulation/3
says
these are your rights but these rights are not actually your
rights, surely the PCN must be invalid? The correct section to
apply was s.102 RTA 1984
HTML https://www.legislation.gov.uk/ukpga/1984/27/section/102
just as
Schedule 9 TMA 2004
HTML https://www.legislation.gov.uk/ukpga/2004/18/schedule/9<br
/>indicates. In which case it's worth noting that s.102(4)
HTML https://www.legislation.gov.uk/ukpga/1984/27/section/102does
not
extend to civil enforcement authorities and therefore everything
the PCN says in relation to payment and appeal remains
applicable. In my opinion this is no coincidence.
A perfect one for CP8759 to get his teeth into.
#Post#: 37856--------------------------------------------------
Re: PCN Code 21 Parked in a suspended bay - vehicle removed
DIR By: Driver86
Date: September 22, 2024, 1:24 pm
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Thanks. Agree that it is at odds with the PCN to follow that
process, and I I would have thought they would need to write to
the registered owner? but to get the info within 1 working day
is unlikely to have registered owners details (since it ain't
me!).
I wonder if they are relying on this flimsy document they
attached to the PCN and gave to me when I paid their charge...
HTML https://ibb.co/8M7b8CY
HTML https://ibb.co/QfLrxt4
I'll keep chasing that NoR letter through this week and then I
will try submitting reps to London Tribunals explaining that
this was not received previously.
#Post#: 37907--------------------------------------------------
Re: PCN Code 21 Parked in a suspended bay - vehicle removed
DIR By: John U.K.
Date: September 23, 2024, 2:17 am
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HTML https://i.ibb.co/NxyrYvT/20240922-191541.jpg
HTML https://ibb.co/8M7b8CY
Your second link gives a blank sheet of paper?
Did you use their form?
#Post#: 37928--------------------------------------------------
Re: PCN Code 21 Parked in a suspended bay - vehicle removed
DIR By: Driver86
Date: September 23, 2024, 6:56 am
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It is blank, thats how they've given it. No I didnt use their
form.
I have received their notice of rejection by email today I've
attached here.
HTML https://ibb.co/QfzNqjj
Two points:
1. They appear to be saying the dashcam image and their CEO
image are of two different poles. It's not, it is the same pole.
2. They say my car was not parked there when they erected the
signage on 18th July, where as my argument is that when I did
park my car there on 21st July, the signage was not there as can
be seen in the dash cam footage.
Any thoughts on contacting tribunal to see if they will accept a
late appeal due to not receiving the letter?
#Post#: 37950--------------------------------------------------
Re: PCN Code 21 Parked in a suspended bay - vehicle removed
DIR By: fraser.mitchell
Date: September 23, 2024, 10:47 am
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Adjudicators can accept late appeals, but you will probably have
to explain the circumstances.
#Post#: 38013--------------------------------------------------
Re: PCN Code 21 Parked in a suspended bay - vehicle removed
DIR By: Driver86
Date: September 24, 2024, 4:32 am
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OK last night I submitted a late appeal explaining the
circumstances, they also wanted me to submit my whole
representation with it. Will post up later tonight.
#Post#: 38175--------------------------------------------------
Re: PCN Code 21 Parked in a suspended bay - vehicle removed
DIR By: Driver86
Date: September 24, 2024, 2:58 pm
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Getting error messages when uploading to this site, but here is
the reps I submitted to London Tribunals last nighthttps
://1drv.ms/b/c/560cd59511b71091/EaUdrXpxhyhDsMHd6SIC1YYBQSxA4uwo9XprVR2ZZvdtYw
for which I requested an in-person hearing. Would be grateful if
someone can look through and and advise if I've covered
everything?
#Post#: 38218--------------------------------------------------
Re: PCN Code 21 Parked in a suspended bay - vehicle removed
DIR By: Enceladus
Date: September 24, 2024, 9:36 pm
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--- Quote from: Driver86 link ---
>
> Getting error messages when uploading to this site, but here
is the reps I submitted to London Tribunals last nighthttps
://1drv.ms/b/c/560cd59511b71091/EaUdrXpxhyhDsMHd6SIC1YYBQSxA4uwo9XprVR2ZZvdtYw
for which I requested an in-person hearing. Would be grateful if
someone can look through and and advise if I've covered
everything?
>
--- End Quote ---
That link doesn't work for me.
OK this works.
PCN & Tow appeal.
HTML https://1drv.ms/b/c/560cd59511b71091/EaUdrXpxhyhDsMHd6SIC1YYBQSxA4uwo9XprVR2ZZvdtYw
#Post#: 39457--------------------------------------------------
Re: PCN Code 21 Parked in a suspended bay - vehicle removed
DIR By: Driver86
Date: October 4, 2024, 3:06 pm
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Good news is that London Tribunals have accepted to hear my
appeal and have set a telephone date for November 4th. A slap in
the face for the Enforcement Authority who advised me that my
only recourse now would be the POST OFFICE as they have received
their money and will not be re-opening the case.
I'd be grateful if one of the experts can look over my
submission and recommend any additions to stregnthen my case? I
dont think I had enough around the rules on the placing of the
suspension notices...
#Post#: 39494--------------------------------------------------
Re: PCN Code 21 Parked in a suspended bay - vehicle removed
DIR By: Enceladus
Date: October 5, 2024, 10:32 am
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Back to your dashcam please. You've posted up a still image. Are
you saying this is a frame from when the car was in motion and
not yet parked? IE approaching the sign on the pole visible on
the offside of the road?
I assume so, so it seems that the Council believe your frame is
a still from when the car was stationary and parked in the bay.
Not a frame from when it was approaching the parking place.
Seems the Council believe you were parked on the double yellow
lines on the nearside.
I think you need to make this clearer because at first reading I
understood your photo to be of when the car was stationary and
parked on the left side of the raod. Yes indeed the pole visible
to the offide has no suspension sign however is not relevsnt if
it it's on the opposite pavement to where you parked.
I'm concerned that an Adjudicator might also read your
submission the same way and misunderstand the realtionship
between where you actually parked and the signpost.
You case is that there was no suspension sign in-situ in the bay
on the right hand side of the road, where is where you parked,
at the time that you parked. The suspension notice was installed
at some unknown time after you parked. So make that very clear.
Your dashcam image was taken just before you reached the parking
bay and confirms that the suspension notice was not in place.
This is the same pole visible in the CEO's evidence photo that
shows the same pole at the offside rear of your car after you'd
parked.
Please revise your draft nd post it up.
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