Calling experts in rules and regulations

[ssr123]

I was on my way to collect an item from Argos in Hammersmith from Hanwell w7. It was not available in nearby stores.I had picked up my wife and 11 year old daughter from school and as it was a long drive that i had not made before, my wife suggested i park and she would find out if there was a shorter route we could take. We parked in front of some shops and we were not causing any blockage of traffic. She came back in litterally 2 minutes with instructions. We turned back i followed a much shorter route via the A4. I was astonished to recieve a PCN notice (18-05-09) Anyway i made an appeal on the 25th of MAY and had not heard anything so i thought the council had quashed it. On the 20th of JULY ( nearly two months later) i recievd a letter stating that my appeal was not succesful. Can they reply so late and is there anything i can do about it.

[Al27]

I assume you were parked on a line of some description?

 

2 minutes to nip into a shop isn't really a defence. Have you had a Notice to Owner yet?

[patdavies]

I assume that this was a section 10 PCN (issued by post) and that your appeal was therefore a formal appeal, and what they have now sent you os a formal Notice of Rejection with details of how ot appeal further to the adjudicator.

 

In which case, you should appeal on the grounds of procedural impropriety by the Council as they have failed to follow the regulations.

 

Duty of enforcement authority to which representations are made

 

5.—(1) The enforcement authority may disregard any representations which are received by it after the end of the period of 28 days beginning with the date on which the relevant notice to owner was served.

(2) Where representations are made to an enforcement authority by virtue of regulation 4(1) and in accordance with regulation 4(2), it shall subject to paragraph (1) be the duty of the enforcement authority—

(a) to consider the representations and any supporting evidence which the person making them provides; and

(b) within the period of 56 days beginning with the date on which the representations were served on it, to serve on that person notice of its decision as to whether or not it accepts that—

(i) one or more of the grounds specified in regulation 4(4) applies; or

(ii) there are compelling reasons why, in the particular circumstances of the case, the notice to owner should be cancelled and any sum paid in respect of it should be refunded.

(3) Where the enforcement authority accepts that a ground specified in regulation 4(4) applies or that there are such compelling reasons it shall—

(a) cancel the notice to owner; and

(b) state in the notice served under paragraph (2)(b) that the notice to owner has been cancelled and at the same time refund any sum paid in relation to the notice.

(4) The cancellation of a notice to owner under this regulation shall not be taken to prevent the enforcement authority from serving, in accordance with the General Regulations, a fresh notice to owner on another person.

(5) If the enforcement authority fails to comply with paragraph (2)(b) within the period of 56 days there specified, it shall be deemed for the purposes of these Regulations to have accepted—

(a) that such of the grounds referred to in paragraph (2)(b)(i) as were relied upon in the representations apply; or

(b) in a case where paragraph (2)(b)(ii) is relied upon, that there are compelling reasons of the kind referred to in that paragraph,

and paragraph (3) shall apply accordingly.

 

They would appear to have taken 57 days.

[green_and_mean]

I assume that this was a section 10 PCN (issued by post) and that your appeal was therefore a formal appeal, and what they have now sent you os a formal Notice of Rejection with details of how ot appeal further to the adjudicator.

 

In which case, you should appeal on the grounds of procedural impropriety by the Council as they have failed to follow the regulations.

 

 

 

They would appear to have taken 57 days.

 

I think its within 56 days I think you have not allowed the time for the original appeal to be served on the Council. (assuming it was posted on the 25th may)

[Jamberson]

The letter you received should tell you what you can do now - it will say either pay or refer the case to adjudication. I think it's unlikely to succeed at adjudication. Although you didn't mention what the alleged offence was, I guess you parked on a yellow line or some other restriction where you weren't supposed to? Difficult to see how you would argue the case, as your mitigating circumstances won't stand up now.

[patdavies]

The letter you received should tell you what you can do now - it will say either pay or refer the case to adjudication. I think it's unlikely to succeed at adjudication. Although you didn't mention what the alleged offence was, I guess you parked on a yellow line or some other restriction where you weren't supposed to? Difficult to see how you would argue the case, as your mitigating circumstances won't stand up now.

 

If this is being dealt with by a Council, then there is no offence. If the Council paperwork states that an offence is alleged/committed, then that alone is grounds for appeal.

 

Councils can only deal with parking contraventions.

 

Jamberson is correct that the adjudicator will not hear pleas of mitigation, only matters of fact.

[Jamberson]

That's just me speaking in informal terms. Offence = transgression; misdemeanor - not using it for any type of formal or legal meaning.

[ssr123]

Thanks for all the replies. Just to reitterate and add some more infomation.

1. The offence took place 06/05/09.

2. Offence 02j parked..........loading/unloading........(paked on single yellow line).

3 Date of notice 18/05/09. Appealed on grounds of mitigating circumstances being, had a child in the back and had parked as emergency and thought common sense and compassion would prevail. I also told them i was not working through sickness. (having worked for over twenty years. Life really sucks and kicks you when you are down)

4. Sent appeal 25th May recived reply refusing appeal but offering adjudication. Their letter was dated 16-07-09 but i recieved it on the 20th.

I live in Hounslow and did not think about loading or any other rules. It was simply an act of trying to save some time because my daughter was in the car and it was a hot day. I even produced a letter from the shop keeper stating i was only there for two minutes and verified my story. I am just sick and tired by the council treating us like machines. These are just money making exercises so they can fill their fat bellies. I will take my case to the adjudicater and hope he has a heart and hope other peole will fight these pcn notices when leeway can be shown.

The fact that they took so long is prolonging the agony and causing maximum pain.

[crem]

I will take my case to the adjudicater and hope he has a heart and hope other peole will fight these pcn notices when leeway can be shown.

 

I am not sure it will be wise to take it to the adjudicator and hope for a heart without some decent mitigating circumstances. The adjudicator will only be able to look at the facts of the case and whether the council acted fairly and reaasonably, so unless they gave you the PCN in like 30 seconds flat or something, then he may have to uphold the fact that the PCN was legally and reasonably issued.

[green_and_mean]

Most people have an 'excuse' for parking in contravention however as Crem has pointed out adjudication can only deal with the 'law' and not mitigation. Yellow lines are painted on the road for a reason and are in most cases pretty clear if you chance parking on them you risk getting a PCN. If the Council is still offering you the discounted rate I would seriously consider paying the PCN if you do not have a valid reason for cancelling the PCN other than to visit a shop as it will end up costing you more in the long run.