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#Post#: 57560--------------------------------------------------
Surrey County Council - 27 Parked in a special enforcement area
adjacent to a footway cycletrack or verge lowered
DIR By: Lycans
Date: February 11, 2025, 4:19 am
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Hi everyone.
Hope you're all well.
I didn't have enough space for the title, and the last
contravention should read as "verge lowered to meet the level of
the carriageway"
I received a PCN from Surrey County Council relating to the
above contravention, and would like some on advice on how I can
make a representation if possible.
The space itself is unmarked, and there is no signage on my road
whatsoever. It's a place used to park by many residents on my
road due to the lack of "ordinary bays". I and many others have
been parked there for a number of years without any issue, and
seeing as the alleged contravention took place on new years day,
it would lead me to believe it was a money making exercise
relating to the holiday period.
Also, this is a second "warning" letter after I failed to
receive the initial one.
Parking location
HTML https://ibb.co/FL6kS55N
PCN1
HTML https://ibb.co/4nZPL0zt
PCN 2
HTML https://ibb.co/7tRwLXGY
#Post#: 57562--------------------------------------------------
Re: Surrey County Council - 27 Parked in a special enforcement
area adjacent to a footway cycletrack or verge lowered
DIR By: Chijiki
Date: February 11, 2025, 4:45 am
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Have a read of this :-
HTML https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/
I hope that you've retaxed your vehicle now (expired 3 days ago)
#Post#: 57569--------------------------------------------------
Re: Surrey County Council - 27 Parked in a special enforcement
area adjacent to a footway cycletrack or verge lowered
DIR By: Lycans
Date: February 11, 2025, 5:17 am
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--- Quote from: Chijiki link ---
>
>
> Have a read of this :-
>
>
HTML https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/
>
> I hope that you've retaxed your vehicle now (expired 3 days
ago)
>
--- End Quote ---
The vehicle has since been part ex'd. I've read through the
guideline post, and not aware of any issues on my end regarding
the post? Would you mind pointing out to me the issue?
Thank you.
#Post#: 57574--------------------------------------------------
Re: Surrey County Council - 27 Parked in a special enforcement
area adjacent to a footway cycletrack or verge lowered
DIR By: John U.K.
Date: February 11, 2025, 5:24 am
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For convenience I've added the pages 1 & 3 of the NtO below -
please post the remaining pages (often mistakes in the 'small
print'.
Please also post a GSV link to the location.
HTML https://i.ibb.co/Zp6Wrb5X/20250209-132646.jpg
HTML https://ibb.co/4nZPL0zt
HTML https://i.ibb.co/whw9jRK0/20250209-132656.jpg
HTML https://ibb.co/7tRwLXGY
#Post#: 57637--------------------------------------------------
Re: Surrey County Council - 27 Parked in a special enforcement
area adjacent to a footway cycletrack or verge lowered
DIR By: Enceladus
Date: February 11, 2025, 9:39 am
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From you photo in the opening post, it seems that there's a
pathway lowered to meet the carriageway on both sides of the
road. It's quite clearly a pedestrian crossing point, albeit
there's no tactile paving, so you can't park there on either
side of the carriageway.
Were you parked here
HTML https://maps.app.goo.gl/VEYfDyJ7Stx9jKRS6,
where the dark blue
Volkswagen is?
The documents you post are the Notice to Owner. That's the
second stage of enforcement, the first being the on-street PCN
attached to the windscreen. What happened to the the PCN?
Anyway since you have an NTO you should submit a representation
within the time limit. They don't have to but they might
re-offer the discount when they reject. I don't think you'll win
at adjudication unless the Council mess-up the process.
#Post#: 57647--------------------------------------------------
Re: Surrey County Council - 27 Parked in a special enforcement
area adjacent to a footway cycletrack or verge lowered
DIR By: H C Andersen
Date: February 11, 2025, 10:22 am
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What happened to the the PCN?
It came two days after the NTO ;D
A bit of background, SCC have taken over(back) these operations
from their constituent districts and boroughs who used to act as
'agents' and who for some reason never made any surplus to be
remitted to the county council.
In good local government fashion SCC have not taken the best
practice and merged this with mandatory requirements but have
ploughed their own procedural path..and come up short:
How could the date of service of PCN be the 5 Feb. and yet the
contravention have occurred on 1 Jan. and the NTO issued before
the PCN was served?
As for fettering their discretion with 'will issue', have they
learned nothing?
And the less said about the grounds of representation the
better, although these goes some way to explaining the mix up
with the dates of notices i.e. as if the NTO is a postal PCN.
OP, you have plenty of time in which to make reps so let's look
at the photos of your car in contravention first.
#Post#: 57657--------------------------------------------------
Re: Surrey County Council - 27 Parked in a special enforcement
area adjacent to a footway cycletrack or verge lowered
DIR By: stamfordman
Date: February 11, 2025, 10:38 am
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Here are some of the council pics - a clear contravention by a
pedestrian crossing.
So you need a procedural issue.
HTML https://i.ibb.co/YBm0PZbp/Screenshot-2025-02-11-at-16-36-09.png
HTML https://i.ibb.co/5ht15qtS/Screenshot-2025-02-11-at-16-35-35.png
HTML https://i.ibb.co/N2yTNVys/Screenshot-2025-02-11-at-16-35-24.png
HTML https://i.ibb.co/DDV4yVT2/Screenshot-2025-02-11-at-16-35-13.png
#Post#: 57673--------------------------------------------------
Re: Surrey County Council - 27 Parked in a special enforcement
area adjacent to a footway cycletrack or verge lowered
DIR By: Lycans
Date: February 11, 2025, 11:20 am
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Thank you everyone for your input, it's greatly appreciated.
I've clearly made a mistake and have parked in an enforcement
area however, I've honestly not received the first initial
notice. Both my wife and I haven't seen a letter from the
council regarding it. Can I please be advised on the best way to
approach this with the council? Thank you.
Also, I've uploaded the other 2 pages of the PCN.
HTML https://imgur.com/a/hnLKIDh
HTML https://imgur.com/a/hnLKIDh
[img]
HTML https://imgur.com/a/hnLKIDh[/img]
HTML https://imgur.com/a/yAVyHvh
#Post#: 57679--------------------------------------------------
Re: Surrey County Council - 27 Parked in a special enforcement
area adjacent to a footway cycletrack or verge lowered
DIR By: stamfordman
Date: February 11, 2025, 11:32 am
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There's one shot showing the PCn was served on the car.
HTML https://i.imgur.com/CDaDaoW.png
#Post#: 57759--------------------------------------------------
Re: Surrey County Council - 27 Parked in a special enforcement
area adjacent to a footway cycletrack or verge lowered
DIR By: Enceladus
Date: February 11, 2025, 7:26 pm
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[member=4389]Lycans[/member]
I think you might be getting your documents mixed up.
PCN is a Penalty Charge Notice and in this case was issued and
served by fixing it to your windscreen.
[member=2249]stamfordman[/member] has posted up one of the
Council's evidence pics which shows the envelope on your
windscreen.
The document you've posted up is the next stage which is Notice
to Owner (NTO). This is issued and posted to the Registered
Keeper of the car at the address held by the DVLA, if the PCN is
not paid within the 28 days. The NTO won't have a discount
option, that lapsed with the PCN.
You might as well submit representations against the NTO. You
have no financial incentive to do otherwise. If they reject your
reps they might re-offer the discount. They might mess up the
process.
There might be a procedural impropriety (issue) as previously
mentioned. The NTO says that the "Date of Service of PCN" is the
5th Feb 2025. This of course is incorrect and their own evidence
photo shows that the PCN was issued and served on the 1st Jan
2025.
Post up a draft of what you think you should say in your
representation for scrutiny before submitting anything.
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