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#Post#: 51003--------------------------------------------------
Re: LB Redbridge 53j - Cleveland Rd, Ilford IG1 Failing to compl
y with restriction on vehicles entering pedest zone (cam
By: WaltWhite Date: December 24, 2024, 8:15 pm
---------------------------------------------------------
[quote author=cp8759 link=topic=4018.msg51000#msg51000
date=1735085955]
[quote author=WaltWhite link=topic=4018.msg50998#msg50998
date=1735084119]
[quote author=Incandescent link=topic=4018.msg50997#msg50997
date=1735083622]
Although on-line submissions mean the rule only applies to reps
sent by post, it is important to remember that the reps have to
be received by the council within the 28 day period.
[/quote]
So am I out of luck on this one? I would rather pay than take
any more risk. Unless they have really cocked this up
[/quote]
I think they have cocked this up, and being prevented from
following the statutory appeal process is one of the few grounds
under which the Local Government Ombudsman would consider a
complaint.
Did you take a screenshot on the 15th showing that you could not
submit representations?
[/quote]
Yes I did. Submitted it to parking at Redbridge and on the
formal complaint
#Post#: 51005--------------------------------------------------
Re: LB Redbridge 53j - Cleveland Rd, Ilford IG1 Failing to compl
y with restriction on vehicles entering pedest zone (cam
By: Hippocrates Date: December 25, 2024, 2:45 am
---------------------------------------------------------
Remind them of this:
ETA Register of Appeals
Register kept under Regulation 20 of the Road Traffic (Parking
Adjudicators) (London) Regulations 1993, as amended and
Regulation 17 of the Civil Enforcement of Road Traffic
Contraventions (Representations and Appeals) (England)
Regulations 2022.
Case Details
Case reference
Appellant
Authority
VRM
PCN Details
PCN
Contravention date
Contravention time
Contravention location
Penalty amount
Contravention
Referral date
Decision Date
Adjudicator
Appeal decision
Direction
cancel the Penalty Charge Notice.
Reasons
The appellant attended the hearing today via telephone. Mr
Morgan appeared before me to make submissions on their behalf in
accordance with those set out in writing. Upon the point being
raised by Mr Morgan. The PCN was issued on 15/02/24. A charge
certificate was issued on 15/03/24. The council was empowered to
issue a charge certificate 28 days from date of service of the
PCN. It however had done so within 28 days of its date of issue
in breach of the Regulations and to the potential prejudice to
the appellant in the conduct of their appeal. I was satisfied
for those reasons that enforcement may not be pursued.
#Post#: 51022--------------------------------------------------
Re: LB Redbridge 53j - Cleveland Rd, Ilford IG1 Failing to compl
y with restriction on vehicles entering pedest zone (cam
By: H C Andersen Date: December 25, 2024, 12:37 pm
---------------------------------------------------------
OP, we're trying to tell you that the fault is THEIRS, not
yours.
It is immaterial in law whether you make reps on day 1 or day 28
of the permitted period: in time is in time, end of.
You were prevented from making lawful reps by the unlawful
actions of the council is not allowing reps to be made up to and
including day 28. If fact it is UNLAWFUL for them to prevent you
making reps late. Their remedy is to disregard them, NOT prevent
them from being made.
3)The enforcing authority may disregard any such representations
which are received by them after the end of the period of 28
days beginning with the date on which the penalty charge notice
in question was served.
So stop worrying.....unless your proof that you were prevented
from making reps online within the 28-day period doesn't stack
up.
But if it does then see this through. Wait for the authority's
response.
#Post#: 51079--------------------------------------------------
Re: LB Redbridge 53j - Cleveland Rd, Ilford IG1 Failing to compl
y with restriction on vehicles entering pedest zone (cam
By: WaltWhite Date: December 27, 2024, 4:37 am
---------------------------------------------------------
[quote author=H C Andersen link=topic=4018.msg51022#msg51022
date=1735151843]
OP, we're trying to tell you that the fault is THEIRS, not
yours.
It is immaterial in law whether you make reps on day 1 or day 28
of the permitted period: in time is in time, end of.
You were prevented from making lawful reps by the unlawful
actions of the council is not allowing reps to be made up to and
including day 28. If fact it is UNLAWFUL for them to prevent you
making reps late. Their remedy is to disregard them, NOT prevent
them from being made.
3)The enforcing authority may disregard any such representations
which are received by them after the end of the period of 28
days beginning with the date on which the penalty charge notice
in question was served.
So stop worrying.....unless your proof that you were prevented
from making reps online within the 28-day period doesn't stack
up.
But if it does then see this through. Wait for the authority's
response.
[/quote]
Thanks for this. Hope all had a good Christmas.
See screenshot showing I tried to submit reps on the 15th but
could not (file is timestamped as the 15th). Do you think ok for
proof?
[img width=1100
height=569]
HTML https://imgur.kageurufu.net/QkWLaFe.jpeg[/img]
#Post#: 51080--------------------------------------------------
Re: LB Redbridge 53j - Cleveland Rd, Ilford IG1 Failing to compl
y with restriction on vehicles entering pedest zone (cam
By: WaltWhite Date: December 27, 2024, 4:53 am
---------------------------------------------------------
[quote author=Hippocrates link=topic=4018.msg51005#msg51005
date=1735116328]
Remind them of this:
ETA Register of Appeals
Register kept under Regulation 20 of the Road Traffic (Parking
Adjudicators) (London) Regulations 1993, as amended and
Regulation 17 of the Civil Enforcement of Road Traffic
Contraventions (Representations and Appeals) (England)
Regulations 2022.
Case Details
Case reference 2240175190
Appellant Parag Sharma
Authority London Borough of Redbridge
VRM WM66HSA
PCN Details
PCN AF98203157
Contravention date 10 Feb 2024
Contravention time 15:01:00
Contravention location Horns Road
Penalty amount GBP 130.00
Contravention Entering and stopping in a box junction
Referral date
Decision Date 11 Jun 2024
Adjudicator Andrew Harman
Appeal decision Appeal allowed
Direction
cancel the Penalty Charge Notice.
Reasons
The appellant attended the hearing today via telephone. Mr
Morgan appeared before me to make submissions on their behalf in
accordance with those set out in writing. Upon the point being
raised by Mr Morgan. The PCN was issued on 15/02/24. A charge
certificate was issued on 15/03/24. The council was empowered to
issue a charge certificate 28 days from date of service of the
PCN. It however had done so within 28 days of its date of issue
in breach of the Regulations and to the potential prejudice to
the appellant in the conduct of their appeal. I was satisfied
for those reasons that enforcement may not be pursued.
[/quote]
Emailed parking at LB Redbridge
#Post#: 51383--------------------------------------------------
Re: LB Redbridge 53j - Cleveland Rd, Ilford IG1 Failing to compl
y with restriction on vehicles entering pedest zone (cam
By: WaltWhite Date: December 30, 2024, 10:24 am
---------------------------------------------------------
See below Response . They haven’t taken on board the point of
my email in their reply I feel
Good Afternoon,
I note you have stated the Penalty Charge Notice was received,
you would have therefore had the opportunity to contest the
notice within the 28 day period and this time has now elapsed.
An outstanding amount of £195.00 is now required to be paid to
close this case.
Failing to make payment will result in the notice progressing
and further charges being added.
To make payment, you can use the automated payment line on
02087084708 or you can use the boroughs website
HTML https://my.redbridge.gov.uk/parkingpcn
Regards,
Dear LB Redbridge,
I acknowledge receipt of the Charge Certificate pertaining to
PCN AF30026923 VRM CV61XUX
The date of the PCN is November 14th 2024. Therefore, the
deemed date of service is November 18th. Clearly, you have
prematurely issued a Charge Certificate. It follows that the
earliest you may serve such a document is 15th December. I also
note that this is par for the course as you have recently lost a
case on the same issue.
Therefore, please cancel the Charge Certificate so that I may
make formal representations to which I am entitled according to
the statutory process.
This is not a matter for discretion - rather a matter of
statutory compliance.
They also sent the following email
Good Afternoon,
Please note the case you have mentioned - AF98203157, you are
now shown as the Registered Keeper, we can therefore not
correspond with you regarding this.
Regards,
Shalinaaz Aziz
#Post#: 51439--------------------------------------------------
Re: LB Redbridge 53j - Cleveland Rd, Ilford IG1 Failing to compl
y with restriction on vehicles entering pedest zone (cam
By: ivanleo Date: December 30, 2024, 6:00 pm
---------------------------------------------------------
[member=2453]WaltWhite[/member] so what's your relationship to
the registered keeper?
#Post#: 51441--------------------------------------------------
Re: LB Redbridge 53j - Cleveland Rd, Ilford IG1 Failing to compl
y with restriction on vehicles entering pedest zone (cam
By: WaltWhite Date: December 30, 2024, 6:21 pm
---------------------------------------------------------
[quote author=cp8759 link=topic=4018.msg51439#msg51439
date=1735603256]
[member=2453]WaltWhite[/member] so what's your relationship to
the registered keeper?
[/quote]
I am the registered keeper 🤷
#Post#: 51444--------------------------------------------------
Re: LB Redbridge 53j - Cleveland Rd, Ilford IG1 Failing to compl
y with restriction on vehicles entering pedest zone (cam
By: ivanleo Date: December 30, 2024, 6:32 pm
---------------------------------------------------------
So you need to make a stage 2 complaint, as explained here:
HTML https://www.redbridge.gov.uk/media/10046/corporate-complaints-policy_tp.pdf
Post a draft on here first please.
#Post#: 51445--------------------------------------------------
Re: LB Redbridge 53j - Cleveland Rd, Ilford IG1 Failing to compl
y with restriction on vehicles entering pedest zone (cam
By: WaltWhite Date: December 30, 2024, 6:45 pm
---------------------------------------------------------
[quote author=cp8759 link=topic=4018.msg51444#msg51444
date=1735605156]
So you need to make a stage 2 complaint, as explained here:
HTML https://www.redbridge.gov.uk/media/10046/corporate-complaints-policy_tp.pdf
Post a draft on here first please.
[/quote]
Ok. I got this today regarding my initial complaint
Date: 30 December 2024
Dear
Your case reference:
I am writing to acknowledge receipt of your complaint received
on 24 December 2024. I am sorry that you are unhappy with the
service you have received. The points raised in your complaint
will be considered under the first stage of the Council's
complaints procedure and you will be sent a response by 13
January 2025.
If there are any delays in providing you with a response we will
let you know.
Yours sincerely
So should I wait till the 13th for the outcome or go straight to
the stage 2 complaint as you suggested [member=1]cp8759[/member]
?
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