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zip1

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  1. Hi, for some reason, my photos appear to upload, but then I get a red crosss and they dont go to the site. On the back of the ticket it says " Policy and approach to challenges can be found on "their website"- all challenges received both before and after NtO is served will be considered on their individual circumstances" Also " If you challenge this PCN but the council issues a NtO anyway, the owner must follow the instructions on the NtO" A PCN must say (ii)but that, if a notice to owner is served notwithstanding those representations, representations against the penalty charge must be made in the form and manner and at the time specified in the notice to owner. So the PCN must say that you can challenge the PCN, and it must also tell you that even if you challenged the PCN, and they then issue a NtO, then you can also make respresentations against the NtO. I dont think that is made clear, and has the nesessary statuary information. I was in a shared bay, where it was limited to 3hrs, unless a resident/visitors pass is displayed (unfortunately I was in an adjacent zone)
  2. Yes, sorry I cut and pasted part of my challenge wording. Any other advice before I send this... Dear Sir / Madam, I often visit friends at Oxford University, who give me visitors permits to park near their house. On the week-end of 2-3 June 2017, I parked on Cowley Place. One of my friends gave me visitor passes for MN, but I did not realise it had a different zone than I usually use.(EO). This resulted in PCN OX34001977. PCN enforcement “ gives priority to people living in residential areas …to discourage parking by motorists who do not possess residents or visitors parking permits. “ I did have visitor parking permits, which I displayed and validated. (see attached photo) Clearly there was no intent to evade payment or gain any advantage and I indeed have used/invalidated two visitor passes. I therefore feel it is unfair to be fined, and lose the use of two visitors passes. I also question whether the correct contravention code was used on the PCN. (30 - Parked longer than permitted). Shouldn’t the correct code be 19 - Parked in a residents’ or shared use parking place or zone either displaying an invalid permit or voucher or pay & display ticket, or after the expiry of paid for time. In my case I was in a shared use zone, displaying an invalid permit. Guidelines say Code 19 is used when a driver has made some attempt to park correctly and is displaying something that could have been used. Additionally, The Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007 states that any PCN issued should legally contain the following information : (b)that, if representations against the penalty charge are received at such address as may be specified for the purpose before a notice to owner is served— (i)those representations will be considered; (ii)but that, if a notice to owner is served notwithstanding those representations, representations against the penalty charge must be made in the form and manner and at the time specified in the notice to owner. I cannot see any clear reference to point 3 (2) (ii) anywhere on the PCN. It is insufficient to say that the owner must follow the instructions on the NtO, it must be outlined on the PCN. The purpose is to inform the driver that they can make representations before a NtO is issued, and again when a NtO is issued. Your statement “all challenges before and after NtO is served will be considered” doesn’t make it clear that two challenges can be made. It seems to indicate one challenge with two possible timings of when it is made. This means that the council has not complied with the Regulations made under the Traffic Management Act 2004 (TMA) or the relevant regulations. I understand that I have technically breached the terms by parking in the wrong zone although using a visitors permit, but ask that you give consideration to cancelling the penalty due to the mitigating circumstances and breach of Regulations by your Council. I am sure you are aware of the government guidance on duty to act fairly and in the public interest, which this case clearly appears to fall into. An authority has a discretionary power to cancel a PCN at any point throughout the CPE process. It can do this even when an undoubted contravention has occurred if the authority deems it to be appropriate in the circumstances of the case. Under general principles of public law, authorities have a duty to act fairly and proportionately and are encouraged to exercise discretion sensibly and reasonably and with due regard to the public interest. Kind Regards
  3. On the back of the ticket it says " Policy and approach to challenges can be found on "their website"- all challenges received both before and after NtO is served will be considered on their individual circumstances" Also " If you challenge this PCN but the council issues a NtO anyway, the owner must follow the instructions on the NtO"
  4. I agree with what you say, but the purpose of point 1 is to see if I can get some sympathy to use discretion for mitigating circumstances. Point 2 - lack of appeal info- there is one more vague reference. It is insufficient to say that the owner must follow the instructions on the NtO, it must be outlined on the PCN. The purpose is to inform the driver that they can make representations before a NtO is issued, and again when a NtO is issued. Your statement “all challenges before and after NtO is served will be considered” doesn’t make it clear that two challenges can be made. It seems to indicate one challenge with two possible timings of when it is made. Point 3 wrong code used. Can they argue both codes apply and either can be legally used?
  5. On the week-end of 2-3 June 2017, I parked on Cowley Place. One of my friends gave me the visitors pass for MN, but I did not realise it had a different zone than I usually use.(EO). I did have visitor parking permits, which I displayed and validated. Clearly there was no intent to evade payment or gain any advantage and I indeed have used/invalidated two visitor passes. I therefore feel it is unfair to be fined, and lose the use of two visitors passes. I also question whether the correct contravention code was used on the PCN. (30 - Parked longer than permitted). Shouldn’t the correct code be 19 - Parked in a residents’ or shared use parking place or zone either displaying an invalid permit or voucher or pay & display ticket, or after the expiry of paid for time. In my case I was in a shared use zone, displaying an invalid permit. Guidelines say Code 19 is used when a driver has made some attempt to park correctly and is displaying something that could have been used. Additionally, The Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007 states that any PCN issued should legally contain the following information : (3)(2) (b)(ii)but that, if a notice to owner is served notwithstanding those representations, representations against the penalty charge must be made in the form and manner and at the time specified in the notice to owner. I cannot see any clear reference to point 3 (2) (ii) anywhere on the PCN. It is insufficient to say that the owner must follow the instructions on the NtO, it must be outlined on the PCN. This means that the council has not complied with the Regulations made under the Traffic Management Act 2004 (TMA) or the relevant regulations. Am I correct in these 3 points, which make a sucessful appeal likely ??
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