westminster council pcn code 27 - NOTICE OF REJECTION

str30

hi all

could anyone please help / advise me with this "fight" against the ridiculous contravention code 27

i received a pcn code 27 a little while back and wrote a letter of appeal using the arguments posted by others on this forum

i have now received a NOTICE OF REJECTION but am planning to appeal to the Parking and Traffic Appeals Service

i was after some advice as to what i should put into section 5 - "details of appeal"

i have scanned the letter i received into the tiny pic web site - unfortunately i am not allowed to paste the web link here but can do so by email or if anybody knows how to get round this?


thanks!
t

peter_the_piper

Put the url in a post leaving off the http:// bit. Both sides of all papers rec'd and remove personal details, leave dates.

More details of the contravention and circumstances would help or people will not be able to give considered advice.

str30

thanks for that..

the link is tinypic.com/m/6zrc7d/1

background:

i think it is fairly straight forward case...

there was no signage and i didn't realize that we are not to meant to park there (near/ in front of a dropped kerb) - i don't even remember seeing a pcn attached to my windscreen

next thing i know is that i get the notification to owner

so i wrote an appeal copying the arguments previously posted on this forum

please do let me know if more details are needed

bw

t

peter_the_piper

pictures of the spot where the contravention occurred would help, may be deminimis, That was the letter of rejection, what about the nto, theres often errors on them. every little helps.

str30

much obliged for your interest peter

i have uploaded the notice to owner (minus the personal details) at
tinypic.com/m/6zwlt0/1

unfortunately i do not have pictures since i do not recollect ever seeing the pcn attached to my windscreen and simply drove off when i returned to my car - since when i have not been anywhere near the place cos i live more than 100 hundred miles away

thanks once again
best wishes

tam

Coupon-mad

I can get through the link to see small images only:

http://tinypic.com/userstuff.php?u=d65ni523sTySzTtgFni6TA%3D%3D

but I can't seem to read them or magnify them (maybe it's me or my PC)? Not that I am an expert on PCNs anyway, just thought others may be having the same problem.

Have you seen this thread which may be useful for you? It was started by someone else but ended up being turned into a success thread by the poster MF17 against a code 27 PCN:

http://forums.moneysavingexpert.com/showthread.html?t=1724613

My best advice after you've read & digested MF17's success would be for you to register and start a new thread on pepipoo.com here:

http://forums.pepipoo.com/index.php?showforum=30

As you cannot visit the place to take pictures, maybe instead you could find the spot on GoogleStreetView and post a link for the pepipoo posters, plus your scans of the NTO.

On pepipoo I recently read a few threads with no PCN known to have been served - here's one with some suggested wording from dave-o about asking the Council to prove service of the PCN:

http://forums.pepipoo.com/index.php?showtopic=47493&st=0&start=0

Maybe you could draft your own letter and post it on pepipoo for advice/tweaking BEFORE sending it to the Council (although watch out for your appeal deadline of course).

peter_the_piper

Sorry but its me again, the pic of the nto is not complete and also does not show the reverse. Its not just blurb but important details they have to comply with, any discrepancy is in your favour.

str30

thanks guys!

scanned in again...
tinypic.com/m/6zwys6/1

there is a "view full size of image" tab you can press for those of you who are having difficulty seeing the enlarged version

Coupon-mad

I'll bump your thread but as I said above, you'll get more experts looking at pepipoo, most of us on here know a lot about the scam that is private parking tickets but not as much about appealing a PCN.

str30

thanks!

i havbe also posted a thread at the web site you suggested

best wishes

t

TheBogsDollocks

Include the following paragraphs in your next appeal;

“Council areas within Greater London that were awarded Special Parking Area status under section 76 of the Road Traffic Act 1991 are now considered, due to paragraph 1(5) of Schedule 10 within the TMA 2004, to be Special Enforcement Areas.

However, such council areas are not considered as Special Enforcement Areas where Statutory Instrument 2009/1116 is concerned. Paragraph 2(5) of S.I. 2009/1116 does not include paragraph 1(5) of Schedule 10 within the TMA 2004, in its definition of Special Enforcement Areas.

(5) In paragraph (4) a “special enforcement area” means an area designated as a special enforcement area by means of—
(a) an order made under paragraph 1(1) or 3(1) of Schedule 10 to the Traffic Management Act 2004 ; or
(b) an order which, by virtue of paragraph 2(5) or 3(5) of that Schedule, has effect as if it were an order so made."

Since S.I. 2009/1116 does not include those councils within Greater London that were granted Special Parking Area status under the 1991 Act, it means that those councils do not qualify as being exempt from having to place traffic signs for the purpose of providing information to road users as to the effect of section 86 (dropped footway parking) of the Traffic Management Act 2004 in their area.

As the prohibition was not signed and no exemption from placing traffic signs has been granted, I require you to cancel this penalty charge forthwith and to immediately cease enforcing the effects of section 86 of the TMA 2004 until the appropriate signage is placed or an exemption is enacted by statute”.