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DIR Return to: Civil penalty charge notices (Councils, TFL and so ...
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#Post#: 10666--------------------------------------------------
Re: Ashford Borough Council PCN on Private Land
DIR By: ivanleo
Date: November 19, 2023, 6:23 pm
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This image shows why the PCN was issued:
HTML https://i.imgur.com/oDCKxvk.jpg
Clearly the CEO took the view that whatever the status of the
land further back might be, the front of your car was parked on
the highway (the pavement and any vehicle crossovers are still
part of the highway).
One obvious ground is that the timings on the PCN are all wrong,
time periods run from the date of the contravention and not the
date of service of the PCN. Please post up the back of the PCN,
as that may reveal further issues.
For the avoidance of doubt, you should proceed on the basis that
they won't make the same mistake as last time.
#Post#: 10673--------------------------------------------------
Re: Ashford Borough Council PCN on Private Land
DIR By: D D
Date: November 19, 2023, 7:17 pm
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--- Quote from: John U.K. link ---
>
> That leaves 'legitimate expectation'.
>
> According to
>
HTML https://www.patrol-uk.info/authority_details/?pcn=KF&type=parking
>
> Ashford should re-offer the discount if challenge is made
(received by Council?) within the discount period.
> [quote]
> If you make your informal challenge within 14 days of
receiving the penalty you should still be able to pay the 50%
discounted penalty charge if your challenge is refused.
--- End Quote ---
Back of PCN may confirm.
If you decide to challenge, please to post your draft challenge
here for commewnt before submitting.
[/quote]
Yes please I知 definitely going to give this one a go. I値l post
a picture of the rear of the PCN.
#Post#: 10674--------------------------------------------------
Re: Ashford Borough Council PCN on Private Land
DIR By: D D
Date: November 19, 2023, 7:19 pm
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--- Quote from: John U.K. link ---
>
> [member=12]Incandescent[/member]
> [quote]They are actually double-yellow lines,
>
--- End Quote ---
May I respectfully disagree?
See
HTML https://www.ftla.uk/index.php?action=dlattach;topic=972.0;attach=3362;image
and
HTML https://maps.app.goo.gl/rwDxkRjbZ4fe12CN8
both show SYL.
[/quote]
Agreed SYL in this section.
#Post#: 10675--------------------------------------------------
Re: Ashford Borough Council PCN on Private Land
DIR By: D D
Date: November 19, 2023, 7:24 pm
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Here is the back of the PCN
[attachment deleted by admin]
#Post#: 10780--------------------------------------------------
Re: Ashford Borough Council PCN on Private Land
DIR By: ivanleo
Date: November 20, 2023, 6:09 pm
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Here is a draft representation:
[indent]
Dear Ashford Borough Council,
I challenge liability on the basis of the decision in Branislav
Baca v Portsmouth City Council (PO00033-2309, 17 November 2023)
which you can access at LINK.
In light of that, the penalty charge must be cancelled.
Yours faithfully,
[/indent]
I will PM you a link to put in the representation, it will
redirect to here
HTML https://drive.google.com/uc?id=1HLgXkoFeKSPDT1k09A_jPyaybFvP98ac<br
/>but if you give them the link I'll PM you, we can use the
click
count to confirm whether they've looked at it or not (obviously
do not click on that link yourself as we want the click count to
remain at zero). If they don't click on it, we can then prove
they've failed to consider all of the evidence. If they say in
the rejection that they've considered all the evidence, we've
got them for lying as well.
#Post#: 10783--------------------------------------------------
Re: Ashford Borough Council PCN on Private Land
DIR By: D D
Date: November 20, 2023, 7:11 pm
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Perfect I like this method, I値l get on to this later today.
Please send me the link.
Thanks again!
#Post#: 10878--------------------------------------------------
Re: Ashford Borough Council PCN on Private Land
DIR By: D D
Date: November 21, 2023, 7:21 pm
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Submitted, I値l keep you posted on the outcome
[attachment deleted by admin]
#Post#: 11048--------------------------------------------------
Re: Ashford Borough Council PCN on Private Land
DIR By: D D
Date: November 23, 2023, 5:08 pm
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Update
Had a response back and they refused to cancel.
They also said we have provided a copy of a Traffic Penalty
Tribunal adjudication, however there is nothing in this decision
that relates to the PCN being issued to your vehicle.
The adjudication relates to a Notice to Owner being issued. This
vehicle has been issued with a PCN and all regulations and
information is correct on the PCN.
[attachment deleted by admin]
#Post#: 11049--------------------------------------------------
Re: Ashford Borough Council PCN on Private Land
DIR By: D D
Date: November 23, 2023, 5:09 pm
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The images that were attached to the pdf also
[attachment deleted by admin]
#Post#: 11074--------------------------------------------------
Re: Ashford Borough Council PCN on Private Land
DIR By: D D
Date: November 24, 2023, 5:02 am
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--- Quote from: cp8759 link ---
>
> Here is a draft representation:
>
> [indent]
> Dear Ashford Borough Council,
>
> I challenge liability on the basis of the decision in
Branislav Baca v Portsmouth City Council (PO00033-2309, 17
November 2023) which you can access at LINK.
>
> In light of that, the penalty charge must be cancelled.
>
> Yours faithfully,
> [/indent]
>
> I will PM you a link to put in the representation, it will
redirect to here
HTML https://drive.google.com/uc?id=1HLgXkoFeKSPDT1k09A_jPyaybFvP98ac<br
/>but if you give them the link I'll PM you, we can use the
click
count to confirm whether they've looked at it or not (obviously
do not click on that link yourself as we want the click count to
remain at zero). If they don't click on it, we can then prove
they've failed to consider all of the evidence. If they say in
the rejection that they've considered all the evidence, we've
got them for lying as well.
>
--- End Quote ---
I知 guessing they clicked the link?
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