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Everything posted by HYMN AND MI

  1. Why do that? Cases useful for you: 2120089430, 2110039979, 211013314A.
  2. I think what you have written is fine, just add the case number for extra punch in your own style.
  3. You do n ot need to go into detail - just register your appeal to PATAS and give full details later i.e. in P.I. box.
  4. Register Kept Under Regulation 20 of the Road Traffic (Parking Adjudicators)(London) Regulations 1993, as amended or Paragraph 21 of the Schedule to the Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007, as applicable Case Reference:2090397156 Appellant:Mr Graham William Stubbs Authority:Westminster VRM:R802ETX PCN:WM55857032 Contravention Date:14 Jun 2009 Contravention Time:00:50 Contravention Location:Rathbone Place Penalty Amount:£120.00 Contravention:Failing to comply with a sign indicating a prohibited turn Decision Date:31 Oct 2009 Adjudicator:Andrew Harman Appeal Decision:Allowed Direction:cancel the Penalty Charge Notice. Reasons:The Appellant appeared before me today accompanied by Ms Campbell. He had in his Representations in response to the Penalty Charge Notice (PCN) made submissions concerning whether or not the PCN was compliant. The Appellant submitted that the Authority had not in its Notice of Rejection addressed what he had said. I was satisfied that this was so. I was not therefore satisfied that the Authority had considered the Appellant's Representations as in law it is required to do. On hearing the Appellant on the point I was not satisfied that the information given on the PCN as to the date by which Representations should be made was correct. Paragraph 1 (3) of Schedule 1 to the London Local Authorities and Transport for London Act 2003 provides that, in effect, the recipient of a PCN has 28 days from the date of service of the PCN in which to make Representations. The PCN in this case stated that the 28 days commenced with the date of notice thereby I found shortening the time period in which Representations could be made. The penalty charge was not therefore I found for this reason enforceable. The appeal was for the reasons given allowed.
  5. Well I have quickly read and it is obvious they have not responded to all your points especially 3(2)(b).
  6. Yes, sorry, just noticed that after I posted but cannot these days seem to edit anything!
  7. You mention High Court and defective signs. Therefore, it is reasonable to assume you mean a different case. The CoA does not mention defective signs, does it? Sorry not to be omnisicent, could you give me the High Court case number to which you refer?
  8. Personal is always best as they do not attend and you can argue your case. Please post up the NOR as there may well be something wrong with it.
  9. It doesn't need the code - just the description.
  10. Do you mean the Court of Appeal decision? Which decision do you mean? Which case number. The COA decision I have seen refers to "substantial compliance" and the bay markings re double transverse wrongly used to indicate bays with no individual markings for each parking space. So, which High Court decision do you mean?
  11. Cheers. Make sure you get the decision in writing, though. When you do, perhaps a polite but strong letter to leader of council to get their act together re the illegal signage.
  12. Where does it state in the Statutory or Operational Guidance that councils have no duty to provide anything at the informal pre NTO stage? According to your logic, therefore, the appellant's informal challenge would have to be rejected before he receives any evidence. That is absurd. this is not a question of liking a council, rather one of natural justice and discovery so that one can make a decsion as to pay at the discounted rate or continue. To answer you first question, it seems self-explanatory to me and a natural corollary.
  13. When the Appellant Company started this approach, their letters to the Authority were in deed no more than request for stills images. The Authority may disagree with the Appellant's assertion as to what information they are entitled to, and this was the point taken in the decision of the Adjudicator Mr Edward Houghton, but it must not however treat the letter as representations. This was confirmed in the decisions of Mr Christopher Rayner to which the Appellant has also referred.
  14. I have never stated that the OP should not follow the process, which is to complete an NtO. The council then have 56 days in which to reply: allow or reject. If the latter, the OP has 28 days in which to appeal to the adjudicator. You have already advised to phone the council again so why can't the OP write again? How is is it a little silly to write to the council simply stating that, unless the PCN is revoked immediately, the LGO will be contacted and a complaint made to him re maladministration. In my experience, when the LGO is mentioned, councils do not like it one bit. Why? Because they then lose control over the very appeals process which they use and abuse. I recently represented an appellant who was sent - prematurely - a Charge Certificate. Do you think I advised him to sit back and wait for the process to unfold? No. I simply wrote a letter giving the council 7 days to cancel or the LGO would be informed. And that is exactly what they did, and within th 7 days. That was a reg 10 PCN but the council in that case also failed to consider the reps. They didn't even send a NOR. If the OP wishes to endure further the ineptitudes of this council, then he should realise what is the timetable as outlibed above and follow your advice. If he wants it over and done with now, then he shoud write again. There are no rules which state that he cannot. And the council can cancel the PCN at any time - even if an adjudicator refuses his appeal. Oh well, I guess we are in for more cups of tea.
  15. What process? The council are abusing it. The OP is perfectly entitled to write again. This thread is really becoming like the tea-drinking scenes in Last of the Summer Wine.
  16. Have you read any decisions where the adjudicator has complimented the appellant'e representative for using a dual attack involving the Local Government Ombudsman? Clearly not.
  17. There is no point in phoning them or going on like this. Just send them the case cited for you and threaten them with the Local Government Ombudsman for maladministration unless they cancel the ticket within 7 working days from the date of service of your letter/e-mail.
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