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#Post#: 82484--------------------------------------------------
Re: Tower Hamlets PCN Brady St code 01
DIR By: H C Andersen
Date: July 24, 2025, 6:48 am
---------------------------------------------------------
You posted:
I did a FOI request regarding the council’s PCN cancellation
policy and whether they still use this same document from 2017.
They have confirmed they still use that one and there has been
no revision/updated version since
Have you registered your appeal?
#Post#: 82504--------------------------------------------------
Re: Tower Hamlets PCN Brady St code 01
DIR By: Jamran
Date: July 24, 2025, 8:26 am
---------------------------------------------------------
--- Quote from: H C Andersen link ---
>
> You posted:
> I did a FOI request regarding the council’s PCN cancellation
policy and whether they still use this same document from 2017.
They have confirmed they still use that one and there has been
no revision/updated version since
>
> Have you registered your appeal?
>
--- End Quote ---
Not yet. I’m waiting to write up your point about procedural
impropriety but confused about what you mean etc
#Post#: 82521--------------------------------------------------
Re: Tower Hamlets PCN Brady St code 01
DIR By: H C Andersen
Date: July 24, 2025, 9:42 am
---------------------------------------------------------
Don't wait.
Simply register your appeal. You would have until nearly the
hearing date, probably Sept/Oct, to finalise your appeal.
#Post#: 82754--------------------------------------------------
Re: Tower Hamlets PCN Brady St code 01
DIR By: Jamran
Date: July 25, 2025, 5:07 pm
---------------------------------------------------------
--- Quote from: H C Andersen link ---
>
> Don't wait.
>
> Simply register your appeal. You would have until nearly the
hearing date, probably Sept/Oct, to finalise your appeal.
>
--- End Quote ---
Done. Thanks
#Post#: 84856--------------------------------------------------
Re: Tower Hamlets PCN Brady St code 01
DIR By: Jamran
Date: August 8, 2025, 11:04 pm
---------------------------------------------------------
--- Quote from: H C Andersen link ---
>
> (2) A “procedural impropriety” means a failure by an
enforcement authority to observe any requirement imposed on it
by—
>
> (a)the TMA 2004,
>
> (b)the 2022 General Regulations, or
>
> (c)these Regulations,
>
> in relation to the imposition or recovery of a penalty charge
or other sum.
>
>
HTML https://www.legislation.gov.uk/ukpga/2004/18/section/87
>
>
HTML https://www.gov.uk/government/publications/civil-enforcement-of-parking-contraventions/guidance-for-local-authorities-on-enforcing-parking-restrictions
>
--- End Quote ---
Sorry for persisting but could you please explain this point in
detail? Will this point be relevant to all PCN’s issued by the
council?
#Post#: 84870--------------------------------------------------
Re: Tower Hamlets PCN Brady St code 01
DIR By: H C Andersen
Date: August 9, 2025, 2:33 am
---------------------------------------------------------
The council are subject to this duty:
HTML https://www.legislation.gov.uk/ukpga/2004/18/section/87
This guidance, the Secretary of State's Statutory Guidance
states the following:
Authorities should formulate (with advice from their legal
department) and then publish their policies on the exercise of
discretion. They should apply these policies flexibly and judge
each case on its merits. An enforcement authority should be
ready to depart from its policies if the particular
circumstances of the case warrant it.
'Should' does not mean 'must'. However, given that they must
'have regard' to the guidance means they are obliged to consider
the recommendation and to explain with reasons why they have
departed from the recommendation. Simply not having considered
because they forgot or whatever is, IMO, a procedural
impropriety.
Have you registered your appeal?
When you have, write to the council and ask when the council
considered the Secretary of State's Statutory Guidance to local
authorities published in October 2022 pursuant to s.87 TMA and
to supply a copy of the committee report and applicable minutes
or Cabinet member decision.
#Post#: 84904--------------------------------------------------
Re: Tower Hamlets PCN Brady St code 01
DIR By: Jamran
Date: August 9, 2025, 9:21 am
---------------------------------------------------------
--- Quote from: H C Andersen link ---
>
> The council are subject to this duty:
>
>
HTML https://www.legislation.gov.uk/ukpga/2004/18/section/87
>
> This guidance, the Secretary of State's Statutory Guidance
states the following:
>
> Authorities should formulate (with advice from their legal
department) and then publish their policies on the exercise of
discretion. They should apply these policies flexibly and judge
each case on its merits. An enforcement authority should be
ready to depart from its policies if the particular
circumstances of the case warrant it.
>
> 'Should' does not mean 'must'. However, given that they must
'have regard' to the guidance means they are obliged to consider
the recommendation and to explain with reasons why they have
departed from the recommendation. Simply not having considered
because they forgot or whatever is, IMO, a procedural
impropriety.
>
> Have you registered your appeal?
>
> When you have, write to the council and ask when the council
considered the Secretary of State's Statutory Guidance to local
authorities published in October 2022 pursuant to s.87 TMA and
to supply a copy of the committee report and applicable minutes
or Cabinet member decision.
>
--- End Quote ---
I’ve already submitted the appeal but not written up the actual
appeal or evidence etc yet.
I’ve submitted a FOI request to the council requesting what you
stated. Thanks
#Post#: 86525--------------------------------------------------
Re: Tower Hamlets PCN Brady St code 01
DIR By: Jamran
Date: August 20, 2025, 11:07 am
---------------------------------------------------------
This is their reply to my FOI request. Doesn’t really make much
sense.
#Post#: 86536--------------------------------------------------
Re: Tower Hamlets PCN Brady St code 01
DIR By: H C Andersen
Date: August 20, 2025, 11:39 am
---------------------------------------------------------
Doesn’t really make much sense..
that's because it's c**p.
Have you received confirmation of your hearing date?
#Post#: 86547--------------------------------------------------
Re: Tower Hamlets PCN Brady St code 01
DIR By: Jamran
Date: August 20, 2025, 12:49 pm
---------------------------------------------------------
--- Quote from: H C Andersen link ---
>
> Doesn’t really make much sense..
>
> that's because it's c**p.
>
> Have you received confirmation of your hearing date?
>
--- End Quote ---
No. Not yet
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