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hi all
hopefully you can help in some way
so was looking for some PCN advice if at all possible
on 26 June 2018 I was given a PCN as I was parked in a bay that was suspended outside my flat
I replied to Camden council and noted that I was away – having left prior to the suspended sign going up and returning after it had been completed
Camden replied and said that if I can supply evidence of my being away they will take this into consideration.
I sent my travel documents to Camden and they acknowledged receipt of my support and accepted that they were happy I was away for the entire period in question – however for some reason they still my PCN
In the correspondence I was told it is my responsibility to be aware of suspensions but I had no way at all of being able to move my car at the correct time.
also i have a picture of when the actual sign was printed (as it said it at the bottom of the piece of paper stuck to the lamp post) and i was away even before this took place
They also told me that i should have signed up to the Camden alerts email that would tell me of upcoming suspensions
However there was also an issue with this part of the Camden website - i supplied Camden with a picture of the online site saying there was an error stopping me from signing up
I had tried to sign up to the alerts prior to going away and the site was down – however even if I had I still would have been away anyway and unable to move my car
I was told that I should have made arrangements for my car to be moved. I found this quite upsetting as I do not have anyone I can give my keys to who can move my car. I am the only person insured to drive my car and I don’t have any family nearby. Even if I did I wouldn’t want to do anything illegal but allowing people in my work car.
all of this formed part of my representation to challenge the PCN
this week i received a letter of a Notice of rejection of representations
they say that
'you have stated you were away when the advance warning sign was erected, and were therefore unaware of the suspension. However the terms and conditions for your resident permit explain that parking bays may be suspended from time to time. As such, it is the responsibility of the permit holder to consider what arrangements to make if leaving their vehicle when going away. if you are not aware, in addition to on-street notifications, we have an online register for parking suspensions where you can search by street name or Controlled Parking Zone. You can also sign up for our free courtesy email alert service for impending suspensions
i note you state you attempted several times to sign up, however the website came up with an error message, however as your permit was issued onb the 23/3/2019 it is reasonable to expect a driver to then contact the council to advise us that they are unable to sign up to the alert service. Please note that in the disclaimer for our e-alert service we explain "whilst we offer a courtesy email alert service, we cannot guarantee that all suspensions will be included. Suspensions booked at short notice are not likely to appear on the advertised list of planned suspensions. It remains the drivers responsibility to ensure they check on-street signage for upcoming suspensions or to ensure that where they intend to park, a suspension is not currently in operation". Given this and having checked that the signage for the suspension was clear, I am satisfied that the council have followed the correct procedure in the suspended bay for domestic removal'
they note that the sign was put up on the 26/6/19
however my support shows i was away when it went up
it says that i have to pay £130 in 28 days or if i disagree with the decision i can submit an appeal to the Environment and Traffic Adjudicators by following the instructions enclosed
if i choose to appeal an independent Adjudicator will consider my appeal based on the evidence. I should be aware that the Adjudicator can award costs in favour of either party if it is deemed that a party has acted in a vexatious, frivolous or wholly unreasonable manner
questions please
1 - do you think it is worth me going down the appeal route - or should i just pay the £130 and move on
2 - if i do appeal and i lose - will i just have to pay the £130 or will it be increased?
3 - is my case looked at in writing by the appeal personnel or do i have to attend some sort of hearing? or do i request a postal decision?
I do note that under 'grounds for appeal' i dont really fit in to any of them
so i guess i live in hope
thanks for taking the time to read this and for the advice!
*
hopefully you can help in some way
so was looking for some PCN advice if at all possible
on 26 June 2018 I was given a PCN as I was parked in a bay that was suspended outside my flat
I replied to Camden council and noted that I was away – having left prior to the suspended sign going up and returning after it had been completed
Camden replied and said that if I can supply evidence of my being away they will take this into consideration.
I sent my travel documents to Camden and they acknowledged receipt of my support and accepted that they were happy I was away for the entire period in question – however for some reason they still my PCN
In the correspondence I was told it is my responsibility to be aware of suspensions but I had no way at all of being able to move my car at the correct time.
also i have a picture of when the actual sign was printed (as it said it at the bottom of the piece of paper stuck to the lamp post) and i was away even before this took place
They also told me that i should have signed up to the Camden alerts email that would tell me of upcoming suspensions
However there was also an issue with this part of the Camden website - i supplied Camden with a picture of the online site saying there was an error stopping me from signing up
I had tried to sign up to the alerts prior to going away and the site was down – however even if I had I still would have been away anyway and unable to move my car
I was told that I should have made arrangements for my car to be moved. I found this quite upsetting as I do not have anyone I can give my keys to who can move my car. I am the only person insured to drive my car and I don’t have any family nearby. Even if I did I wouldn’t want to do anything illegal but allowing people in my work car.
all of this formed part of my representation to challenge the PCN
this week i received a letter of a Notice of rejection of representations
they say that
'you have stated you were away when the advance warning sign was erected, and were therefore unaware of the suspension. However the terms and conditions for your resident permit explain that parking bays may be suspended from time to time. As such, it is the responsibility of the permit holder to consider what arrangements to make if leaving their vehicle when going away. if you are not aware, in addition to on-street notifications, we have an online register for parking suspensions where you can search by street name or Controlled Parking Zone. You can also sign up for our free courtesy email alert service for impending suspensions
i note you state you attempted several times to sign up, however the website came up with an error message, however as your permit was issued onb the 23/3/2019 it is reasonable to expect a driver to then contact the council to advise us that they are unable to sign up to the alert service. Please note that in the disclaimer for our e-alert service we explain "whilst we offer a courtesy email alert service, we cannot guarantee that all suspensions will be included. Suspensions booked at short notice are not likely to appear on the advertised list of planned suspensions. It remains the drivers responsibility to ensure they check on-street signage for upcoming suspensions or to ensure that where they intend to park, a suspension is not currently in operation". Given this and having checked that the signage for the suspension was clear, I am satisfied that the council have followed the correct procedure in the suspended bay for domestic removal'
they note that the sign was put up on the 26/6/19
however my support shows i was away when it went up
it says that i have to pay £130 in 28 days or if i disagree with the decision i can submit an appeal to the Environment and Traffic Adjudicators by following the instructions enclosed
if i choose to appeal an independent Adjudicator will consider my appeal based on the evidence. I should be aware that the Adjudicator can award costs in favour of either party if it is deemed that a party has acted in a vexatious, frivolous or wholly unreasonable manner
questions please
1 - do you think it is worth me going down the appeal route - or should i just pay the £130 and move on
2 - if i do appeal and i lose - will i just have to pay the £130 or will it be increased?
3 - is my case looked at in writing by the appeal personnel or do i have to attend some sort of hearing? or do i request a postal decision?
I do note that under 'grounds for appeal' i dont really fit in to any of them
so i guess i live in hope
thanks for taking the time to read this and for the advice!
*
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