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#Post#: 52524--------------------------------------------------
Re: East Herts Council, code 45 Parked on a taxi rank, Fore
Street, Hertford
DIR By: ivanleo
Date: January 8, 2025, 4:34 pm
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[member=2834]steamingbanana[/member] please post the NTO on
here.
#Post#: 52655--------------------------------------------------
Re: East Herts Council, code 45 Parked on a taxi rank, Fore
Street, Hertford
DIR By: steamingbanana
Date: January 9, 2025, 9:45 am
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HTML https://i.imgur.com/YEvRdjs.jpeg
HTML https://i.imgur.com/1SvZPMM.jpeg
HTML https://i.imgur.com/v30VN4d.jpeg
HTML https://i.imgur.com/TqnFpjz.jpeg
#Post#: 52692--------------------------------------------------
Re: East Herts Council, code 45 Parked on a taxi rank, Fore
Street, Hertford
DIR By: ivanleo
Date: January 9, 2025, 2:55 pm
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[member=2834]steamingbanana[/member] Draft reps:
[indent]
Dear East Hertfordshire District Council,
I challenge liability on the ground that the alleged
contravention did not occur.
From my investigation it appears a waiting restriction has been
created at this location by means of Traffic Regulation Orders,
The Hertfordshire (Fore Street, Hertford) (Prohibition Of Motor
Vehicles) Order 2023 and The Hertfordshire (Hertford Town
Centre) (Restricted Parking Zone) Order 2023, these orders
cannot create a taxi rank as such but rather a waiting
restriction with an exemption for taxis. Such a restriction
would have to be enforced under code 01 - Parked in a restricted
street during prescribed hours.
In order to enforce code 45 - Parked on a taxi rank, there would
need to be a taxi rank. A taxi rank is legally created under
section 63 of the Local Government (Miscellaneous Provisions)
Act 1976, however I do not believe that this has been done. In
the absence of a duly appointed hackney carriage stand under the
1976 Act, there is no taxi rank so the contravention alleged on
the face of the penalty charge notice cannot have occurred, it
follows that the penalty charge must be cancelled.
If you are minded to reject these representations, please would
you provide evidence that a taxi rank has been appointed under
the 1976 Act.
Yours faithfully,
[/indent]
Send this online via
HTML https://www.hertsparking.co.uk/eastherts/default.aspx
and take a
screenshot of the confirmation page.
If they reject, at the tribunal stage we can also deploy this
video I quickly put together:
HTML https://www.youtube.com/watch?v=VR1U0ydrCn0
To be used in conjunction with all the cases here listed under
"Wrong grounds of appeal listed on website", the latest TPT one
being Gouri Shanker Chandel v City of Bradford Metropolitan
District Council (BQ00191-2408, 9 October 2024)
HTML https://drive.google.com/file/d/1HbqdlqIK5bHDx2iYV34PfOyx3LdqD_rS/view.
#Post#: 54365--------------------------------------------------
Re: East Herts Council, code 45 Parked on a taxi rank, Fore
Street, Hertford
DIR By: steamingbanana
Date: January 21, 2025, 11:51 am
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Hi
[member=1]cp8759[/member]
I followed the online link - and it seemed like the online form
was identical to the "appeal process" prior to receiving the
NTO. The possible reasons for "appeal" (it didn't even mention
the word "representation" which the NTO letter clearly does) did
not include "The alleged contravention did not occur" - even
though again this is listed on the NTO letter.
It's almost like they haven't provided me with the correct link.
I clicked on "any other reason" - which then takes me to a text
box - and I copied and pasted your text - and it was too many
characters.
Think I will either need to email it - or maybe try to save as a
document and upload.
Thanks for your help so far though - apologies for delay - I was
unwell and have only just got back to doing things that need to
be done!
EDIT: Sorry - I have just re-read your previous post where you
had clearly picked up on the fact that the website did not have
the correct reasons for appeal (or at least the link they
provided).
So I guess it is just a case of uploading it as an attachment
then? (rather than email option)
#Post#: 54422--------------------------------------------------
Re: East Herts Council, code 45 Parked on a taxi rank, Fore
Street, Hertford
DIR By: ivanleo
Date: January 21, 2025, 5:10 pm
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--- Quote from: steamingbanana link ---
>
> So I guess it is just a case of uploading it as an attachment
then? (rather than email option)
>
--- End Quote ---
[member=2834]steamingbanana[/member] yes just put it in a PDF.
As a matter of general practice you should never cut down the
amount of text just because of some stupid character limit.
#Post#: 58119--------------------------------------------------
Re: East Herts Council, code 45 Parked on a taxi rank, Fore
Street, Hertford
DIR By: steamingbanana
Date: February 14, 2025, 10:21 am
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Got my rejection email from East Herts. I will get around to
uploading the letter to here - but it is probably as you expect.
So - I guess the next stage is to take it to tribunal
#Post#: 58137--------------------------------------------------
Re: East Herts Council, code 45 Parked on a taxi rank, Fore
Street, Hertford
DIR By: ivanleo
Date: February 14, 2025, 12:04 pm
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[member=2834]steamingbanana[/member] let's see what the
rejection says.
#Post#: 58143--------------------------------------------------
Re: East Herts Council, code 45 Parked on a taxi rank, Fore
Street, Hertford
DIR By: steamingbanana
Date: February 14, 2025, 12:37 pm
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HTML https://i.imgur.com/bdLUlom.jpeg
HTML https://i.imgur.com/FspO2Aq.jpeg
HTML https://i.imgur.com/vbmxLbK.jpeg
HTML https://i.imgur.com/xAEorRh.jpeg
HTML https://i.imgur.com/nlBQ6XJ.jpeg
I covered up some personal info and it slightly covered the
wording on page 4 - so I have shown that separately in case the
wording was crucial.
Many thanks
#Post#: 58154--------------------------------------------------
Re: East Herts Council, code 45 Parked on a taxi rank, Fore
Street, Hertford
DIR By: ivanleo
Date: February 14, 2025, 1:22 pm
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Well the rejection looks like nonsense to me, they've obviously
not understood the point. In any event as the discount isn't on
offer it would make no sense to pay now. I will drop you a PM in
case you'd like me to represent you.
#Post#: 60085--------------------------------------------------
Re: East Herts Council, code 45 Parked on a taxi rank, Fore
Street, Hertford
DIR By: steamingbanana
Date: March 1, 2025, 7:00 am
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[member=1]cp8759[/member]
Hi, sent you a PM on this thread. Thank you.
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