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#Post#: 45222--------------------------------------------------
Re: Misaligned PCN - Borough of Redbridge
DIR By: anonymous
Date: November 12, 2024, 8:50 am
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--- Quote from: H C Andersen link ---
>
> OP, here are the regs which apply:
>
>
HTML https://www.legislation.gov.uk/uksi/2022/71/schedule/2/made
>
> I have not referred to the 'appeals' regs because they don't
bear upon this matter.
>
> Whether what's printed on the PCN is misaligned is not
material because the regs don't refer to alignment! You are
concerned with the regs and if the 'information' from one or
more of the mandatory matters is not 'included' then these are
your grounds(others will deal with any website issues).
>
> So, what's not included?
>
> IMO, it's obvious i.e. the penalty charge. And this is only
obvious now because you've received the NTO.
>
> Correct me if I'm wrong but your PCN states:
> Penalty charge £11
>
> You have subsequently found out from the NTO that this figure
should be £80.
>
> Once one knows what the sum should be, then it's possible to
see this in the PCN albeit that the reader has to ignore what is
printed - £11 - and view the next line under a microscope
knowing what one is looking for.
>
> But as drivers are not blessed with the gift of clairvoyance,
it would be and was impossible to determine with confidence the
penalty being demanded by reading the PCN alone, and this is the
correct procedural test.
>
> In the council's response to these representations, I would
take it badly if they repeated the non sequitur of their
rejection to my challenge with a reference to 'you also made an
informal challenge' as if this undermines my grounds which it
does not i.e. this permanently printed part was readable,
because it was acted upon, which shows that all free field
information must have been similarly readable.
>
--- End Quote ---
So I should appeal the NTO by saying the ticket states £11?
#Post#: 45254--------------------------------------------------
Re: Misaligned PCN - Borough of Redbridge
DIR By: H C Andersen
Date: November 12, 2024, 10:21 am
---------------------------------------------------------
I think the time for thin submissions on this point is over.
I suggest.
PCN ******
Procedural Impropriety
I refer to the NTO issued on **** in respect of the above PCN.
When I made my initial representations I included a copy of my
PCN and described the printing as being misaligned. At that time
I did not realise that it would be necessary for me to go into
regulatory detail given that the CEO's error was so blatant and
one which a proper consideration of those representations could
not have failed to recognise.
Your subsequent rejection and the NTO show that I was wrong.
As the authority will see, the amount of penalty demanded in the
PCN is £11 but in the NTO it is £80. Self-evidently therefore
the PCN is defective and constitutes a procedural impropriety
given that the 'amount of the penalty charge' is a 'regulatory
matter' which must be included in the PCN. So, either £11 or £80
is incorrect or perhaps both. But whichever is correct still
represents a procedural impropriety as regards the PCN or the
NTO.
The authority cannot have it both ways and I submit would do
well to accept now what is manifestly the case rather than let
the adjudicator determine the same outcome.
#Post#: 45390--------------------------------------------------
Re: Misaligned PCN - Borough of Redbridge
DIR By: anonymous
Date: November 13, 2024, 4:09 am
---------------------------------------------------------
--- Quote from: H C Andersen link ---
>
> I think the time for thin submissions on this point is over.
>
> I suggest.
>
> PCN ******
>
> Procedural Impropriety
> I refer to the NTO issued on **** in respect of the above PCN.
>
> When I made my initial representations I included a copy of my
PCN and described the printing as being misaligned. At that time
I did not realise that it would be necessary for me to go into
regulatory detail given that the CEO's error was so blatant and
one which a proper consideration of those representations could
not have failed to recognise.
>
> Your subsequent rejection and the NTO show that I was wrong.
>
> As the authority will see, the amount of penalty demanded in
the PCN is £11 but in the NTO it is £80. Self-evidently
therefore the PCN is defective and constitutes a procedural
impropriety given that the 'amount of the penalty charge' is a
'regulatory matter' which must be included in the PCN. So,
either £11 or £80 is incorrect or perhaps both. But whichever is
correct still represents a procedural impropriety as regards the
PCN or the NTO.
>
> The authority cannot have it both ways and I submit would do
well to accept now what is manifestly the case rather than let
the adjudicator determine the same outcome.
>
--- End Quote ---
Thank you so much for this. When I went online to appeal, they
are asking for evidence. I presume I send the original pictures
of the PCN?
#Post#: 45423--------------------------------------------------
Re: Misaligned PCN - Borough of Redbridge
DIR By: Hippocrates
Date: November 13, 2024, 6:53 am
---------------------------------------------------------
Please screenshot all pages of their website and get back.
#Post#: 45442--------------------------------------------------
Re: Misaligned PCN - Borough of Redbridge
DIR By: anonymous
Date: November 13, 2024, 8:06 am
---------------------------------------------------------
--- Quote from: Hippocrates link ---
>
> Please screenshot all pages of their website and get back.
>
--- End Quote ---
HTML https://i.ibb.co/FnBChZp/Screenshot-2024-11-13-140121.png
HTML https://ibb.co/FnBChZp
.
HTML https://i.ibb.co/yXpCndV/Screenshot-2024-11-13-140157.png
HTML https://ibb.co/yXpCndV
.
HTML https://i.ibb.co/RTrBzFw/Screenshot-2024-11-13-140203.png
HTML https://ibb.co/RTrBzFw
#Post#: 45633--------------------------------------------------
Re: Misaligned PCN - Borough of Redbridge
DIR By: anonymous
Date: November 14, 2024, 11:54 am
---------------------------------------------------------
So should I post the original PCN?
#Post#: 45641--------------------------------------------------
Re: Misaligned PCN - Borough of Redbridge
DIR By: Hippocrates
Date: November 14, 2024, 1:11 pm
---------------------------------------------------------
There is usually a page with hoops to jump through. Tick this
box etc. re grounds which do not apply. In your case same?
#Post#: 45705--------------------------------------------------
Re: Misaligned PCN - Borough of Redbridge
DIR By: anonymous
Date: November 15, 2024, 5:33 am
---------------------------------------------------------
--- Quote from: Hippocrates link ---
>
> There is usually a page with hoops to jump through. Tick this
box etc. re grounds which do not apply. In your case same?
>
--- End Quote ---
Apologies, yes there are a couple pages I missed.
HTML https://i.ibb.co/z85Fm1Q/Screenshot-2024-11-15-112107.png
HTML https://ibb.co/k3yJGp5
HTML https://i.ibb.co/1Zsh5LF/Screenshot-2024-11-15-112117.png
HTML https://ibb.co/b1HqZPc
HTML https://i.ibb.co/Z6SgrMS/Screenshot-2024-11-15-112128.png
HTML https://ibb.co/KjDsgrD
HTML https://i.ibb.co/M87bvkq/Screenshot-2024-11-15-112245.png
HTML https://ibb.co/5YLd0hq
#Post#: 45706--------------------------------------------------
Re: Misaligned PCN - Borough of Redbridge
DIR By: Hippocrates
Date: November 15, 2024, 5:37 am
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That's the one.
#Post#: 45707--------------------------------------------------
Re: Misaligned PCN - Borough of Redbridge
DIR By: anonymous
Date: November 15, 2024, 5:44 am
---------------------------------------------------------
--- Quote from: Hippocrates link ---
>
> That's the one.
>
--- End Quote ---
I am not sure I see anything that applies to my current
situation.
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