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#Post#: 3968--------------------------------------------------
Re: Harrow Council code 24 poor markings
DIR By: crxvtec
Date: August 27, 2023, 2:03 pm
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--- Quote from: cp8759 link ---
>
> [quote author=Pastmybest link=topic=350.msg3452#msg3452
date=1692353677]
> you were parked on the Broadway not Uxbridge rd
>
--- End Quote ---
The traffic order described it as "The service road on the south
side of Uxbridge Road, fronted by Nos. 339 to 523 Uxbridge
Road", to borrow a phrase from Mr Teper, is that not good
enough?
The schedule then says that there is a maximum of 15 spaces, so
if the council then goes and paints 15 parking spaces in that
parking place, it's hard to say they've done anything wrong as
far as creating the bays & the restrictions.
The problem for the council is that the PCN doesn't say "The
service road on the south side of Uxbridge Road", it just says
"Uxbridge Road", so the contravention alleged on the face of the
PCN did not occur.
Aside from that, the strongest point is likely to be that the
council won't put in adequate evidence that it has properly
communicated the requirement to park within an individual space,
this is very much dependant on this photo
HTML https://ibb.co/KKHS0v8
not being included in any representations
(I have seen cases before where the best photos of the signage
are those submitted by the motorist, we really want to avoid
that).
Have you already sent the representations? It's not the end of
the world if you have, but if not we can refine them a little.
There is no 1000 character limit as you can just put the
representation in a PDF and upload it as an attachment.
[/quote]
Hi CP, yes representation has gone and I edited it to fit the
character limit - that's the copy I pasted in a previous message
on this thread and focuses on the primary defence so it's now
over to Harrow to can it or reject - and if they reject
presumably I can appeal and then put in the supplementary
defences if Harrow's rejection is compelling? I can't see how
this is going to be worth their while to pursue but stranger
things have happened.
#Post#: 3985--------------------------------------------------
Re: Harrow Council code 24 poor markings
DIR By: ivanleo
Date: August 28, 2023, 7:39 am
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Let us know when you get a response from Harrow, if they reject
one of us will represent you.
#Post#: 6182--------------------------------------------------
Re: Harrow Council code 24 poor markings
DIR By: crxvtec
Date: September 26, 2023, 6:10 pm
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--- Quote from: cp8759 link ---
>
> Let us know when you get a response from Harrow, if they
reject one of us will represent you.
>
--- End Quote ---
There's a response:
HTML https://ibb.co/5RXwYx6
HTML https://ibb.co/FgbzCP9
They don't seem to be having any of it.
#Post#: 6315--------------------------------------------------
Re: Harrow Council code 24 poor markings
DIR By: ivanleo
Date: September 28, 2023, 4:06 pm
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Obviously just wait for the notice to owner. The council is just
hoping you'll give up and pay, they know that most people mostly
give us as soon as they get the first rejection.
#Post#: 6323--------------------------------------------------
Re: Harrow Council code 24 poor markings
DIR By: DancingDad
Date: September 28, 2023, 5:14 pm
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Notice to Owner will go to the hire/lease company assuming their
name is on the V5c
You need to contact them, pre warn them and ask that they
challenge using the Hire Company ground and give your name and
address (ensure they have the correct one)
Do it in writing.
This should prevent them simply paying or doing something silly
like just forwarding the NTO to you.
If they use that gound, it should see their NTO cancelled and a
new one issued to you.
#Post#: 6710--------------------------------------------------
Re: Harrow Council code 24 poor markings
DIR By: crxvtec
Date: October 4, 2023, 12:09 pm
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I've written to the lease company and they've confirmed that
they've passed on my details to Harrow Council so waiting for
NTO.
#Post#: 6720--------------------------------------------------
Re: Harrow Council code 24 poor markings
DIR By: DancingDad
Date: October 4, 2023, 4:39 pm
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--- Quote from: crxvtec link ---
>
> I've written to the lease company and they've confirmed that
they've passed on my details to Harrow Council so waiting for
NTO.
>
--- End Quote ---
Does that mean they have received an NTO and challenged on hire
ground, giving your details
Or just that they've sent a random letter which will be ignored?
#Post#: 6731--------------------------------------------------
Re: Harrow Council code 24 poor markings
DIR By: crxvtec
Date: October 4, 2023, 7:21 pm
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Sorry, I am confused. What is the "hire ground"?
#Post#: 6734--------------------------------------------------
Re: Harrow Council code 24 poor markings
DIR By: DancingDad
Date: October 5, 2023, 3:17 am
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--- Quote from: crxvtec link ---
>
> Sorry, I am confused. What is the "hire ground"?
>
--- End Quote ---
One of the statutory grounds that can be used to challenge an
NTO
#Post#: 6803--------------------------------------------------
Re: Harrow Council code 24 poor markings
DIR By: ivanleo
Date: October 5, 2023, 5:37 pm
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--- Quote from: crxvtec link ---
>
> Sorry, I am confused. What is the "hire ground"?
>
--- End Quote ---
A hire company can challenge a notice to owner on the basis that
they're a hire company and the vehicle was on hire. The council
will accept this, cancel the notice to owner, and then issue
another one to the person who had hired the vehicle. Otherwise
companies like Hertz or Europcar would go bust due to the
millions of pounds in PCNs they'd have to pay.
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