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#Post#: 70372--------------------------------------------------
Re: LB Havering, code 62, one wheel over a "footpath"
DIR By: Mike_D
Date: May 7, 2025, 5:51 am
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Yes, I did it on 2nd of May.
So the message was wrong and it should be 56 calendar days,
actually?
I am a bit lost here...
#Post#: 70373--------------------------------------------------
Re: LB Havering, code 62, one wheel over a "footpath"
DIR By: Enceladus
Date: May 7, 2025, 5:54 am
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--- Quote from: Mike_D link ---
>
> Yes, I did it on 2nd of May.
> So the message was wrong and it should be 56 calendar days,
actually?
> I am a bit lost here...
>
--- End Quote ---
--- Quote from: Enceladus link ---
>
> ...........
> So if the 2nd May is day one then the 26th June is day 56. The
response of accepted or refused needs to be issued and posted
such that it is delivered to you not later than the 26th June.
Else the EA is deemed to have accepted your representation.
>
> In the above example the 24th June is the last day they could
issue and post such a letter as 1st class post in the
regulations is deemed to have arrived on the 2nd working day
after posting.
>
--- End Quote ---
#Post#: 70374--------------------------------------------------
Re: LB Havering, code 62, one wheel over a "footpath"
DIR By: stamfordman
Date: May 7, 2025, 5:56 am
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The legislation - current is the Civil Enforcement of Road
Traffic Contraventions (Representations and Appeals) (England)
Regulations 2022 - specifies 56 days from the date on which the
authority receives representations. Nothing to do with working
days - that's just their mistake and probably down to a general
policy for responding to all types of reps.
#Post#: 70392--------------------------------------------------
Re: LB Havering, code 62, one wheel over a "footpath"
DIR By: Mike_D
Date: May 7, 2025, 8:01 am
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OK, so 26th June it is.
That will give me a lot of time to react before my vacation - if
they reject again.
As I have another PCN to challenge (dated 17.04.2025) HERE
HTML https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/lb-havering-code-31j-entering-and-stopping-in-a-box-junction/,<br
/>I will not wait till next week to do it, but I will make the
representation as soon as possible.
Thanks for confirming the timelines!
#Post#: 74700--------------------------------------------------
Re: LB Havering, code 62, one wheel over a "footpath"
DIR By: stamfordman
Date: June 4, 2025, 5:19 am
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This case from yesterday confirms it's an off-street car park.
Or at least that's the status of this particular PCN.
-------
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
Owner.
Reasons
was represented by the diver Mr Richard Baker, who appeared in
person via MS Teams.
The Enforcement Authority did not attend and was not
represented, either in vision, by telephone, or in person.
A contravention can occur if a vehicle is parked in a restricted
area of an off-street car park.
There appears to be no dispute that the vehicle was parked in
Market Place car park, or that the Penalty Charge Notice was
issued to it, as shown in the photographs/digital images
produced by the Enforcement Authority.
The images show that the vehicle may be parked beyond the
marking of a bay, although not shown to have a connection one.
However, whilst parking beyond the bay markings is one of the
conditions of use for this car park, contravention of which may
lead to the issue of a Penalty Charge Notice, parking in a
restricted area of the car park is not.
The Adjudicator is only able to decide an appeal by making
findings of fact on the basis of the evidence actually produced
by the parties and applying relevant law.
Considering carefully all the evidence before me I cannot find
as a fact that, on this particular occasion, the contravention
stated on the face of the Penalty Charge Notice did occur.
Accordingly, this appeal must be allowed.
#Post#: 74712--------------------------------------------------
Re: LB Havering, code 62, one wheel over a "footpath"
DIR By: Mike_D
Date: June 4, 2025, 5:35 am
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Great, my chances are increasing :), but I think it will end in
the Tribunals anyway - I guess Havering will still stick to
their position...
#Post#: 76471--------------------------------------------------
Re: LB Havering, code 62, one wheel over a "footpath"
DIR By: Mike_D
Date: June 14, 2025, 12:51 pm
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Hi guys,
I have just received their response: Notice of Acceptance
HTML https://www.dropbox.com/scl/fi/b3847xgsa653219aeudqe/PCN-appeal-approval.jpg?rlkey=tra0iip8svrxzu7cdfds8c1rj&st=qp5bf6xs&dl=0
It worked, they have cancelled the PCN!
They have admitted it directly - a CEO error 8)
Many thanks for all your input and support, you are great -
cheers! 🍺🍺🍺
#Post#: 76480--------------------------------------------------
Re: LB Havering, code 62, one wheel over a "footpath"
DIR By: stamfordman
Date: June 14, 2025, 1:20 pm
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If they'd stupidly taken it to the tribunal you'd have had a
good case for costs. As it stands I think you have grounds for
complaint that they failed to look at this obvious error
earlier.
#Post#: 76486--------------------------------------------------
Re: LB Havering, code 62, one wheel over a "footpath"
DIR By: Mike_D
Date: June 14, 2025, 1:39 pm
---------------------------------------------------------
Nah, I think I am good and happy enough with this outcome...
But suppose I filed a complaint, would they compensate me for
moral damage? ;)
#Post#: 76487--------------------------------------------------
Re: LB Havering, code 62, one wheel over a "footpath"
DIR By: stamfordman
Date: June 14, 2025, 1:43 pm
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Well if you know your financial terms Havering have pretty much
ruled out moral hazard on our part by not reoffering the
discount on rejection even at informal stage
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