Appeal to Croydon Council Rejected

[green_and_mean]

NPAS have no juristriction over Croydon PCN they are covered by PTAS who have previously stated the contravention has taken place despite the driver buying a P&D ticket if it is not displayed. see

Jonathan Douglas Baker -v- The London Borough of Wandsworth (PAS Case No
1960175673)

Adjudicators cannot rule on mitigation so your comment that a contravention may have 'technically have taken place' but 'NPAS would allow the appeal' is a complete contradiction.

[Fizzgig]

Adjudicators cannot rule on mitigation so your comment that a contravention may have 'technically have taken place' but 'NPAS would allow the appeal' is a complete contradiction.

[/quote]

It may sound a contradiction, but this advise was given to local authorities by NPAS in their annual report. Many rulings they give don't make much logical sense and they often do find that a contravention has occured, but still side with the appellant.

[green_and_mean]

Originally Posted by Fizzgig

Adjudicators cannot rule on mitigation so your comment that a contravention may have 'technically have taken place' but 'NPAS would allow the appeal' is a complete contradiction.

It may sound a contradiction, but this advise was given to local authorities by NPAS in their annual report. Many rulings they give don't make much logical sense and they often do find that a contravention has occured, but still side with the appellant.[/quote]


Exactly they gave advice to the Councils but have no power to insist the Council follows the advice. They still cannot allow an appeal if a contravention has taken place which is what you said.

[zedox]

OK guys, Here is a copy of the front and back of the Notice to Owner.

.

I have basically until next week to construct a decent appeal and post it.
Be greatful for any pointers on errors with this NTO, if any.

Thanks!

[patdavies]

The NtO is a little 'iffy'.

The valid grounds for challenging a tickets at the NtO stage are laid out in the Act and certainly do not include "Any other circumstances that you wish the Council to consider". Also, in this area of the NtO, it states that representations must be sent " within 28 days of the issue of this notice" - which is not the same as within 28 days of service

There is a legal requirement to pay or make representations within 28 days of the date of service, but there is no requirement whatsoever in law to "return the Payment Slip" - something that would be impossible anyway if paying via telephone or internet.

[Bernie_the_Bolt]

Take a look at this post, much the same issues apply.

[zedox]

Hows this for an appeal?

Dear Whom it may concern,

I write to you in appeal to a Parking Contravention Notice I received on the 29th of August 2007. (PCN no: ), and to the Notice to Owner I received on the 28th of November 2007 regarding PCN no: .

Schedule 6 Paragraph 2 section 4 of the Road Traffic Act 1991 states that “The contravention did not occur” as gounds for appeal. I had purchased a pay and display ticket. The ticket provided by the pay and display ticket machine was issued without a self-adhesive and had no other means of it being affixed to anything. I find that a contravention did not occur and thus this appeal must be permitted. I have included a copy of my Pay-and-Display ticket as proof of purchase.

I would also like to state that my letter of appeal to the parking contravention notice was sent via facsimile on the 3rd of september. It took ## days for a reply. The reply of which stated if I wished to appeal again I should wait for the Notice to Owner, of which I should wait for from the 1st of November. It took a further 28 days to receive the Notice to Owner.

Please also take into account that the notice to owner states that “Grounds for Representations:” can include “Any other circumstances you wish the council to consider”. Schedule 6 Paragraph 2 (4) of the Road Traffic Act 1991 sets out the grounds for appeal and “Any other circumstances you wish the council to consider” is not a listed method of appeal.


Yours Sincerely,

[Bernie_the_Bolt]

Originally Posted by zedox

Hows this for an appeal?

The problem with the "other grounds" issue is that the LA has the obligation to consider and the discretion to allow appeals on mitigation. This is them soliciting your plea in mitigation.

My view is that the fettering of statutory rights of appeal that I referred to in the linked post is the stronger ground. Just my view for what it is worth.

[zedox]

Thanks for your reply,

Would this be adequet to add to my letter?

The Notice to Owner also appears to fetter the statutory rights of the motorist to appeal against parking contravention notices’ and notice’s to owner.
The Notice to owner I received, seemed to point out only 3 methods of appeal that are in the Road Traffic Act. There are 9.

Thank you very much Bernie the bolt, your help is greatly appreciated!

[patdavies]

You don't need the apostrophes for the plurals

I would also add in the orginal, 3rd paragraph, last sentence "... to recieve the purported Notice to Owner."

In your additions, also add "purported" in front of "Notice to Owner".

Later, it will be useful to be able to state that since the Council have failed to send an NtO, but only a letter claiming to be an NtO that no valid NtO was recieved and therefore the Council cannot lawfully proceed to Charge Certificate. If you leave your letter as is, the Council may be able to claim that since you referred to the letter as an NtO, you obviously accepted that it was an NtO.

[green_and_mean]

Probably no help to you but the Croyon Parking Contract has gone a bit pear shaped. The Council awarded the contract to APCOA a few months back but for some bizarre reason they refused to sign the contract and I heard from someone who works there this week that they had pulled out completely leaving the Council in limbo. A great deal of in house staff walked over the way the contract issue was dealt with before being asked to leave and now they have very few staff and no contractor from what I hear!

[zedox]

Ok guys, i want to get this right, does this seem all correct? anything else i should add?

Many thanks for all your help people!

Dear Whom it may concern,

I write to you in appeal to a Parking Contravention Notice I received on the 29th of August 2007. (PCN no: ), and to the Notice to Owner I received on the 28th of November 2007 regarding PCN no: .

Schedule 6 Paragraph 2 section 4 of the Road Traffic Act 1991 states that “The contravention did not occur” as gounds for appeal. I had purchased a pay and display ticket. The ticket provided by the pay and display ticket machine was issued without a self-adhesive and had no other means of it being affixed to anything. I find that a contravention did not occur and thus this appeal must be permitted. I have included a copy of my Pay-and-Display ticket as proof of purchase.

I would also like to state that my letter of appeal to the parking contravention notice was sent via facsimile on the 3rd of september. It took ## days for a reply. The reply of which stated if I wished to appeal again I should wait for the Notice to Owner, of which I should wait for from the 1st of November. It took a further 28 days to receive the purported Notice to Owner.

Please also take into account that the notice to owner states that Grounds for Representations can include Any other circumstances you wish the council to consider. Schedule 6 Paragraph 2 (4) of the Road Traffic Act 1991 sets out the grounds for appeal and Any other circumstances you wish the council to consider is not a listed method of appeal.

The purported Notice to Owner also appears to fetter the statutory rights of the motorist to appeal against parking contravention notices’ and notice’s to owner.
The purported Notice to owner I received, seemed to point out only 3 methods of appeal that are in the Road Traffic Act. There are 9.

Yours Sincerely,

[green_and_mean]

I can see 7 grounds for appeal on NTO??

The 'any other grounds' is to allow for mitigation when the contravention was technically comitted but you wish to appeal on mitigation. ie if you didn;t display a blue badge correctly face up but had one on display. The RTA states it must display the statutary grounds for appeal it does not say you cannot invite mitigation PATAS advise Councils to accept mitigation in some circumstances so would be unlikely to rule against this wording.

[zedox]

Should i just take that very last line out then?

[zedox]

Update for your all...

I WON! They've cancelled the Parking Ticket

Thanks for everyones help!

[veester]

The same all over - tickets i have appealled have gone to the Parking Appeals Service in Sutton.

And guess what - an appointment is made and they ALWAYS get declined if you don't turn up.

I think they are taking advantage that people will not spend another £50 in getting to them in Sutton from wherever in the country to state there appeal.

Further even if you appeal within 14 -days which is when a reduced charge is payable - and the appeal is head 2 months later - you have to pay the extra charge. SO THEY ARE TRYING TO PUT YOU OFF APPEALING.

WHAT A JOKE

Who can we complain to about this abuse of process?