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#Post#: 61608--------------------------------------------------
Re: Enfield Council. PCN Code 12R parked without permit. Arnos
Road N11.
DIR By: asm99
Date: March 10, 2025, 7:04 am
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The NIP has been received.
What are the next steps?
HTML https://i.imgur.com/kOgH0vQ.jpg
HTML https://i.imgur.com/50gphAC.jpg
HTML https://i.imgur.com/rYMmw14.jpg
#Post#: 61826--------------------------------------------------
Re: Enfield Council. PCN Code 12R parked without permit. Arnos
Road N11.
DIR By: asm99
Date: March 11, 2025, 4:31 am
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--- Quote from: H C Andersen link ---
>
>
> The CEO's observation period commenced at 10.58 therefore it
is common ground that your car was parked before the restriction
commenced at 11am. This is a key plank of your defence.
>
> As can be seen, the CEO first observed my car at 10.58
although I parked much earlier at approx. ****** I was aware
that restrictions came into effect at 11am but I was delayed in
returning. I estimate that I returned at approx. 11.05.
>
> As the authority will see from the above, the PCN has been
issued in error because I was parked in a designated parking
place and therefore regulation 5(2) of the General Regs applies
i.e. the authority were prohibited from demanding a penalty
prior to 11.11, that is to say a period of 10 minutes has
expired since the vehicle was first in contravention:
>
>
HTML https://www.legislation.gov.uk/uksi/2022/71/regulation/5/made
>
> If the authority disagree that 5(2) applies, then they must
show that the marked area was not and could not be regarded as a
designated parking place prior to 11am and as a minimum
production of the applicable Traffic Management Order would be
required.
>
> There is no need to write out the name of the regs in full,
IMO it loses momentum.
>
> But these are minor differences.
>
--- End Quote ---
Should the formal appeal contain the same argument?
#Post#: 61848--------------------------------------------------
Re: Enfield Council. PCN Code 12R parked without permit. Arnos
Road N11.
DIR By: stamfordman
Date: March 11, 2025, 5:56 am
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There is a failure to consider which should be noted.
-------------
I am disappointed that you failed to address my challenge to the
PCN and have sent what seems to be a template response.
To repeat, I am making representations on the grounds that...
#Post#: 62871--------------------------------------------------
Re: Enfield Council. PCN Code 12R parked without permit. Arnos
Road N11.
DIR By: asm99
Date: March 17, 2025, 9:48 am
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Is there anything else which should be included?
Concerned that the appeal will be rejected on the same grounds,
so would like to make sure the appeal is as bulletproof as
possible.
#Post#: 62895--------------------------------------------------
Re: Enfield Council. PCN Code 12R parked without permit. Arnos
Road N11.
DIR By: H C Andersen
Date: March 17, 2025, 11:45 am
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Did you read the legislation in the earlier link? If not, here
it is again:
HTML https://www.legislation.gov.uk/uksi/2022/71/regulation/5/made
A penalty may not be imposed .....where—
(a)the vehicle is stationary in a designated parking place and
is left beyond the permitted parking period, and
(b)the period for which it is left beyond the permitted parking
period does not exceed 10 minutes.
It's the law.
#Post#: 62905--------------------------------------------------
Re: Enfield Council. PCN Code 12R parked without permit. Arnos
Road N11.
DIR By: stamfordman
Date: March 17, 2025, 12:12 pm
---------------------------------------------------------
--- Quote from: H C Andersen link ---
>
> Did you read the legislation in the earlier link? If not, here
it is again:
>
>
HTML https://www.legislation.gov.uk/uksi/2022/71/regulation/5/made
>
> A penalty may not be imposed .....where—
>
> (a)the vehicle is stationary in a designated parking place and
is left beyond the permitted parking period, and
>
> (b)the period for which it is left beyond the permitted
parking period does not exceed 10 minutes.
>
> It's the law.
>
--- End Quote ---
This was encapsulated in the informal challenge which was based
on your wording but could be expanded in repeating it.
My only other suggestion is to note the failure to address the
challenge up front.
#Post#: 62941--------------------------------------------------
Re: Enfield Council. PCN Code 12R parked without permit. Arnos
Road N11.
DIR By: asm99
Date: March 17, 2025, 1:47 pm
---------------------------------------------------------
--- Quote from: H C Andersen link ---
>
> Did you read the legislation in the earlier link? If not, here
it is again:
>
>
HTML https://www.legislation.gov.uk/uksi/2022/71/regulation/5/made
>
> A penalty may not be imposed .....where—
>
> (a)the vehicle is stationary in a designated parking place and
is left beyond the permitted parking period, and
>
> (b)the period for which it is left beyond the permitted
parking period does not exceed 10 minutes.
>
> It's the law.
>
--- End Quote ---
Yes, there wasn't any ambiguity.
The informal appeal was worded as follows:
'As can be seen, the CEO first observed my car at 10.58 although
I parked much earlier at approx. 09:30. I was aware that
restrictions came into effect at 11am but I was delayed in
returning. I estimate that I returned at approx. 11.05.
As the authority will see from the above, the PCN has been
issued in error because I was parked in a designated parking
place and therefore regulation 5(2) of the General Regs applies
i.e. the authority were prohibited from demanding a penalty
prior to 11.11, that is to say a period of 10 minutes has
expired since the vehicle was first in contravention:
HTML https://www.legislation.gov.uk/uksi/2022/71/regulation/5/made
If the authority disagree that 5(2) applies, then they must show
that the marked area was not and could not be regarded as a
designated parking place prior to 11am and as a minimum
production of the applicable Traffic Management Order would be
required.'
This was the suggested response. The Council clearly didn't get
the message.
Should anything else be included in the formal appeal in
addition to 5(2) of the general regs?
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