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#Post#: 46905--------------------------------------------------
Re: PCN pavement parking! Clear signs
DIR By: H C Andersen
Date: November 25, 2024, 4:53 am
---------------------------------------------------------
My wife, who was with me is the RK of the car... does it make a
difference or make a issue goign forward?
None. The NTO (if at all)for the full penalty would be addressed
to her and she would sign her reps which you would draft with
our help, merely procedural.
what sort of costs? Against you, none. Against them (in your
wife's favour) if they continued to and lost at adjudication,
quite possibly. But these are nominal in any event. Sadly, they
are judges in their own cause until adjudication, but once the
glare of the adjudication spotlight is shone on them I'd expect
them to scatter like cockroaches.
Sorry to be so serious about this, but I served local government
for 25+ years and this sort of abuse wouldn't have happened on
my watch, and it shouldn't now.
But it's your PCN and you must decide what to do.
#Post#: 46920--------------------------------------------------
Re: PCN pavement parking! Clear signs
DIR By: da3533
Date: November 25, 2024, 6:04 am
---------------------------------------------------------
Thank you so much. We are both BB holders, and we are now scared
of parking. I will message on here when we get a response of
the final letter
--- Quote from: H C Andersen link ---
>
> My wife, who was with me is the RK of the car... does it make
a difference or make a issue goign forward?
>
> None. The NTO (if at all)for the full penalty would be
addressed to her and she would sign her reps which you would
draft with our help, merely procedural.
>
> what sort of costs? Against you, none. Against them (in your
wife's favour) if they continued to and lost at adjudication,
quite possibly. But these are nominal in any event. Sadly, they
are judges in their own cause until adjudication, but once the
glare of the adjudication spotlight is shone on them I'd expect
them to scatter like cockroaches.
>
> Sorry to be so serious about this, but I served local
government for 25+ years and this sort of abuse wouldn't have
happened on my watch, and it shouldn't now.
>
> But it's your PCN and you must decide what to do.
>
--- End Quote ---
#Post#: 46960--------------------------------------------------
Re: PCN pavement parking! Clear signs
DIR By: da3533
Date: November 25, 2024, 9:07 am
---------------------------------------------------------
They replied to me:
--- Quote ---
> Good Afternoon,
>
>
>
> Thank you for your email.
>
>
>
> Unfortunately, we cannot relook into your challenge as this
has already been reviewed by an officer.
>
>
>
> As previously advised If you do not wish to accept this
decision you are able to appeal further to the Councils Parking
Appeals section. To do this you must wait for a Notice to Owner
to be sent to the registered keeper of the vehicle at the full
charge of £130.00. Once this has been received you will be
required to follow the instructions given to make a formal
representation.
>
>
>
> Regards,
--- End Quote ---
We will wait.
#Post#: 46982--------------------------------------------------
Re: PCN pavement parking! Clear signs
DIR By: H C Andersen
Date: November 25, 2024, 10:54 am
---------------------------------------------------------
Unfortunately, we cannot relook into your challenge as this has
already been reviewed by an officer.
More nonsense, but is this surprising?
The recipient of a PCN may make reps at any time up to the
issuing of a NTO. These must be considered if raising fresh
grounds. The letter did so in detail.
This would all be grist to the costs mill should this get to
adjudication.
May we pl see the full PCN, both sides and their full replies.
#Post#: 47035--------------------------------------------------
Re: PCN pavement parking! Clear signs
DIR By: da3533
Date: November 26, 2024, 2:30 am
---------------------------------------------------------
--- Quote from: H C Andersen link ---
>
> Unfortunately, we cannot relook into your challenge as this
has already been reviewed by an officer.
>
> More nonsense, but is this surprising?
>
> The recipient of a PCN may make reps at any time up to the
issuing of a NTO. These must be considered if raising fresh
grounds. The letter did so in detail.
>
> This would all be grist to the costs mill should this get to
adjudication.
>
> May we pl see the full PCN, both sides and their full replies.
>
--- End Quote ---
Hello
see attached:
PCN:
[attachimg=1]
[attachimg=2]
Challenge Reply:
[attachimg=3]
[attachimg=4]
[attachment deleted by admin]
#Post#: 47056--------------------------------------------------
Re: PCN pavement parking! Clear signs
DIR By: H C Andersen
Date: November 26, 2024, 4:14 am
---------------------------------------------------------
Thanks!
My God, they're incompetent and visit this on poor motorists
rather than addressing their shortcomings.
Enough of my editorial.
The PCN is missing 2/3rds of the mandatory Appeals Regulations
content and you would succeed at adjudication on this point
alone(believe it, you would).
So, what must this type of PCN (known colloquially as a Reg. 9
PCN) tell the recipient?
Penalty charge notices for parking contraventions: service by
civil enforcement officers
9(7) A penalty charge notice given under this regulation must
include the information set out in—
(a)Schedule 2, and
(b)regulation 3(1) of the 2022 Appeals Regulations.
Oh no, not more regulations! Nobody said this was easy, this is
why it's useful to have this forum's resource. How is a motorist
supposed to know whether an authority has followed procedures if
they omit these procedure from official notices when the law
requires them to be included?
HTML https://www.legislation.gov.uk/uksi/2022/576/part/2/chapter/1
CHAPTER 1
Information to be included in regulation 9 penalty charge
notices and enforcement notices
Information about right to make representations or appeal to be
included in regulation 9 penalty charge notices and enforcement
notices
3.—(1) A regulation 9 penalty charge notice must include the
following information—
(a)that a person on whom a notice to owner is served may, in
accordance with these Regulations, make representations to the
enforcement authority against the penalty charge and, if those
representations are rejected, appeal to an adjudicator;
(b)that if, before a notice to owner is served, representations
against the penalty charge are received at such address as may
be specified in the notice for the purpose those representations
will be considered by the enforcement authority;
(c)that if a notice to owner is served despite the
representations mentioned in sub-paragraph (b), representations
against the penalty charge must be made to the enforcement
authority in the form and manner and at the time specified in
the notice to owner.
You will see that the PCN omits 3(1)(b) and IMO 3(1)(c) because
although some of of the words are there, it loses its effect
without the context of 3(1)((b). They've only been doing this
for 16 years, so let's no be too hard on them.
Before I draft something for you pl post exactly what you
received in response to your follow-up letter, the 'sorry can't
consider this.....' nonsense so that I can reference this in
your next letter.
#Post#: 47086--------------------------------------------------
Re: PCN pavement parking! Clear signs
DIR By: da3533
Date: November 26, 2024, 7:31 am
---------------------------------------------------------
--- Quote from: H C Andersen link ---
>
> Thanks!
>
> My God, they're incompetent and visit this on poor motorists
rather than addressing their shortcomings.
>
> Enough of my editorial.
>
> The PCN is missing 2/3rds of the mandatory Appeals Regulations
content and you would succeed at adjudication on this point
alone(believe it, you would).
>
> So, what must this type of PCN (known colloquially as a Reg. 9
PCN) tell the recipient?
>
> Penalty charge notices for parking contraventions: service by
civil enforcement officers
>
> 9(7) A penalty charge notice given under this regulation must
include the information set out in—
>
> (a)Schedule 2, and
>
> (b)regulation 3(1) of the 2022 Appeals Regulations.
>
> Oh no, not more regulations! Nobody said this was easy, this
is why it's useful to have this forum's resource. How is a
motorist supposed to know whether an authority has followed
procedures if they omit these procedure from official notices
when the law requires them to be included?
>
>
HTML https://www.legislation.gov.uk/uksi/2022/576/part/2/chapter/1
>
> CHAPTER 1
> Information to be included in regulation 9 penalty charge
notices and enforcement notices
>
> Information about right to make representations or appeal to
be included in regulation 9 penalty charge notices and
enforcement notices
> 3.—(1) A regulation 9 penalty charge notice must include the
following information—
>
> (a)that a person on whom a notice to owner is served may, in
accordance with these Regulations, make representations to the
enforcement authority against the penalty charge and, if those
representations are rejected, appeal to an adjudicator;
>
> (b)that if, before a notice to owner is served,
representations against the penalty charge are received at such
address as may be specified in the notice for the purpose those
representations will be considered by the enforcement authority;
>
> (c)that if a notice to owner is served despite the
representations mentioned in sub-paragraph (b), representations
against the penalty charge must be made to the enforcement
authority in the form and manner and at the time specified in
the notice to owner.
>
> You will see that the PCN omits 3(1)(b) and IMO 3(1)(c)
because although some of of the words are there, it loses its
effect without the context of 3(1)((b). They've only been doing
this for 16 years, so let's no be too hard on them.
>
> Before I draft something for you pl post exactly what you
received in response to your follow-up letter, the 'sorry can't
consider this.....' nonsense so that I can reference this in
your next letter.
>
--- End Quote ---
Thats unbelievable
see attached response via email it was.
[attachimg=1]
[attachment deleted by admin]
#Post#: 50815--------------------------------------------------
Re: PCN pavement parking! Clear signs
DIR By: da3533
Date: December 23, 2024, 6:02 am
---------------------------------------------------------
--- Quote from: H C Andersen link ---
>
> Thanks!
>
> My God, they're incompetent and visit this on poor motorists
rather than addressing their shortcomings.
>
> Enough of my editorial.
>
> The PCN is missing 2/3rds of the mandatory Appeals Regulations
content and you would succeed at adjudication on this point
alone(believe it, you would).
>
> So, what must this type of PCN (known colloquially as a Reg. 9
PCN) tell the recipient?
>
> Penalty charge notices for parking contraventions: service by
civil enforcement officers
>
> 9(7) A penalty charge notice given under this regulation must
include the information set out in—
>
> (a)Schedule 2, and
>
> (b)regulation 3(1) of the 2022 Appeals Regulations.
>
> Oh no, not more regulations! Nobody said this was easy, this
is why it's useful to have this forum's resource. How is a
motorist supposed to know whether an authority has followed
procedures if they omit these procedure from official notices
when the law requires them to be included?
>
>
HTML https://www.legislation.gov.uk/uksi/2022/576/part/2/chapter/1
>
> CHAPTER 1
> Information to be included in regulation 9 penalty charge
notices and enforcement notices
>
> Information about right to make representations or appeal to
be included in regulation 9 penalty charge notices and
enforcement notices
> 3.—(1) A regulation 9 penalty charge notice must include
the following information—
>
> (a)that a person on whom a notice to owner is served may, in
accordance with these Regulations, make representations to the
enforcement authority against the penalty charge and, if those
representations are rejected, appeal to an adjudicator;
>
> (b)that if, before a notice to owner is served,
representations against the penalty charge are received at such
address as may be specified in the notice for the purpose those
representations will be considered by the enforcement authority;
>
> (c)that if a notice to owner is served despite the
representations mentioned in sub-paragraph (b), representations
against the penalty charge must be made to the enforcement
authority in the form and manner and at the time specified in
the notice to owner.
>
> You will see that the PCN omits 3(1)(b) and IMO 3(1)(c)
because although some of of the words are there, it loses its
effect without the context of 3(1)((b). They've only been doing
this for 16 years, so let's no be too hard on them.
>
> Before I draft something for you pl post exactly what you
received in response to your follow-up letter, the 'sorry can't
consider this.....' nonsense so that I can reference this in
your next letter.
>
--- End Quote ---
Hello
Hope you are well. they have now sent the Notice to Owner. See
attached:
[attachimg=1]
[attachimg=2]
[attachment deleted by admin]
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