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green_and_mean last won the day on August 7 2017

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  1. (3)A penalty charge notice must state— (a)the grounds on which the parking attendant believes that a penalty charge is payable with respect to the vehicle; (b)the amount of the penalty charge which is payable; ©that the penalty charge must be paid before the end of the period of 28 days beginning with the date of the notice; (d)that if the penalty charge is paid before the end of the period of 14 days beginning with the date of the notice, the amount of the penalty charge will be reduced by the specified proportion; (e)that, if the penalty charge is not paid before the end of the 28 day period, a notice to owner may be served by the London authority on the person appearing to them to be the owner of the vehicle; (f)the address to which payment of the penalty charge must be sent. What you have quoted is true but confusing, you cannot pay the discount and appeal, but you could appeal and still pay the discount.
  2. Councils can enforce private car parks, mine does the local Waitrose and Morrisons car parks who owns the land has little to do with it.
  3. The footway forms part of the road as public have a right of way over it therefore any restriction covers the footway. Using common sense if it didnt what would be the point of yellow lines, p&d/permit parking bays etc if you could just drive up next to them on the pavement and park your car?! The only restriction that applies only to the carriageway is zig zags everything else covers the 'road' not just the carriageway.
  4. If you make a stat dec that you did not receive the original NTO as presumably happened here the PCN gets reset back to NTO stage NOT Pcn stage so you will not get the discount.
  5. Cycle lanes that are restrictive and not just advisory should resemble a narrow 'bus lane', they need a solid line, blue cycle only timeplates and if parking is restricted in it not just driving yellow lines.
  6. Rejection of representations against notice to owner 6.—(1) Where representations are made under regulation 4 and the enforcement authority serves a notice of rejection under regulation 5(2)(b), that notice shall— (a)state that a charge certificate may be served unless before the end of the period of 28 days beginning with the date of service of the notice of rejection— (i)the penalty charge is paid; or (ii)the person on whom the notice is served appeals to an adjudicator against the penalty charge; (b)indicate the nature of an adjudicator’s power to award costs; and ©describe in general terms the form and manner in which an appeal to an adjudicator must be made.
  7. Does it mention charge certificate? They have put the wrong period for paying its not 28 days FROM the date of service its 28 days BEGINNING with the date of service.
  8. You should of appealed you had a 99% chance of winning, the officer had no grounds to issue the ticket with no observation period as they had no time to rule out any exemption. Councils used to give 5 mins but most London councils have cut this down to 2mins or even zero as in this case because they can issue far more PCNs as there is less chance of the driver returning. The evidence against the driver is so weak a robust appeal will never fail but Councils rely on the fact most people pay up so the evidence or lack of it is never challenged. There is no requirement to remain in the car if boarding is taking place they are just telling porkies to get you to pay up.
  9. Can you post a full copy of the rejection, they may have cocked up again by re offering the discount at this stage.
  10. I've helped with hundreds of appeals and not lost one but I guess you know better!!
  11. Why would you get a letter from Northampton County Court if you had no contact with the Council? You would only hear from the Court in response to a statutary declaration made in response to an order for recovery from the Council?? Are you saying what you got was an Order for recovery so you then made a statutary declaration and ot has now reverted back to the PCN stage?
  12. Why come for advice and don't bother listening?? If your badge was displayed as you say then it doesn't matter if the signs were there or not as you had a blue badge anyway. You were not from what you say in a disabled bay so why would the ticket mention the badge?
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