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#Post#: 57772--------------------------------------------------
Re: Surrey County Council - 27 Parked in a special enforcement
area adjacent to a footway cycletrack or verge lowered
DIR By: Lycans
Date: February 12, 2025, 3:50 am
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Hi all,
Many thanks for all your input. I've drafted a letter
challenging the procedural process of the ticket:
"I am writing to formally challenge Penalty Charge Notice
RR02573792 issued to my vehicle PK59 RHA. I wish to contest this
charge on the grounds of procedural impropriety by the
enforcement authority.
Grounds for Representation
The Notice to Owner (NTO) states that the date of service of the
PCN is 5th February 2025. However, the Civil Enforcement Officer
(CEO) placed the PCN on my vehicle on 1st January 2025. This
significant discrepancy suggests an administrative error and
raises concerns about the validity of the enforcement process.
Under Regulation 19 of The Civil Enforcement of Parking
Contraventions (England) General Regulations 2007, a Notice to
Owner must be served no later than 28 days after the PCN was
issued. Given that the PCN was placed on my vehicle on 1st
January 2025, the deadline for issuing an NTO should have been
by 29th January 2025. However, the NTO I received was dated 3rd
February 2025, suggesting a failure to comply with statutory
timeframes.
Furthermore, the council’s claim that the service date of the
PCN is 5th February 2025 is factually incorrect, as I was issued
the PCN on 1st January 2025. This misrepresentation could result
in an unfair extension of enforcement deadlines, putting me at a
disadvantage in responding to the charge.
Request for Cancellation
Due to this procedural impropriety and the inconsistency in the
dates provided by the council, I kindly request that this
Penalty Charge Notice be cancelled with immediate effect.
I would appreciate written confirmation that the charge has been
revoked. Should my representation be rejected, I request a full
explanation addressing the discrepancy in dates and confirmation
of my right to appeal to the independent adjudicator at the
Traffic Penalty Tribunal."
#Post#: 57774--------------------------------------------------
Re: Surrey County Council - 27 Parked in a special enforcement
area adjacent to a footway cycletrack or verge lowered
DIR By: stamfordman
Date: February 12, 2025, 4:19 am
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They get 6 months to serve an NTO from the time the PCN was
served so you can lose that bit.
#Post#: 57851--------------------------------------------------
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 12, 2025, 12:29 pm
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You need to start again pl.
The applicable regs are 2022 vintage, not 2007.
HTML https://www.legislation.gov.uk/uksi/2022/71/regulation/20/made
HTML https://www.legislation.gov.uk/uksi/2022/576/regulation/5
Procedural impropriety on the part of the authority (not on
behalf of as stated in the grounds.....which rather suggests
that they've not updated these since taking the service back
in-house)
The Grounds of Representation are not those mandated by the
Appeals regulations as follows:
(g)the order which is alleged to have been contravened in
relation to the vehicle concerned, except where it is an order
to which Part 6 of Schedule 9 to the RTRA 1984 applies, is
invalid;
Is irrelevant. The restriction is a statutory prohibition, not
one imposed under an order. And even if it was, these aren't
grounds anyway because Part VI of Schedule 9 to the RTRA
prescribes the only means by which an order could be challenged
and this is to the High Court within 6 weeks of it being made.
The Civil Enforcement Officer was not prevented from serving the
Penalty Charge Notice;
Is similarly incorrect as regards grounds which are available to
you. These apply only if the PCN was served by post.
If full payment has not been received or you have not made
representations to the council within the time allowed the
penalty charge will increase by 50% thereby increasing the
amount outstanding to £105 and a Charge Certificate will be
served on you.
Rubbish. Increasing the penalty and serving a CC are permissive
powers there's no WILL serve, this fetters their discretion,
it's MAY serve.
#Post#: 57919--------------------------------------------------
Re: Surrey County Council - 27 Parked in a special enforcement
area adjacent to a footway cycletrack or verge lowered
DIR By: Lycans
Date: February 13, 2025, 4:14 am
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Thank you all once again for your time and input :)
I never received the PCN via post, nor did I see it on the
vehicle. The first time I was made aware of this is when I
received the NTO.
I'll leave in the bit regarding the service of the pcn being the
incorrect date, and perhaps use this as a way to try and get the
original discounted fee. I'll take responsibility for my mistake
in parking on a lowered verge, I'd just like to pay the original
fee instead as that method was never awarded to me.
I'd be grateful if anyone could help me draft up a
representation to them.
Thank you.
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