PCNs in 2020 - challenges accepted at the formal representations stage

 

Formal representations, which can be scribbled on the back of an envelope as long as they contain the PCN number and the name and address of the person to whom the Notice to Owner or postal Penalty Charge Notice was sent, are those which are made in accordance with the stipulations of the relevant Regulations (the law).

Most councils like you to use their on line form, if they have one, or to email them but you should always be given an address to send an old fashioned letter to and in order to comply with the Equality Act a telephone number on which to make verbal representations (councils are very bad at fully embracing, or even at all, the needs of those who cannot, for whatever reason, write or use a computer.

Here are the arguments which Mr Mustard advanced and which were accepted, often with the council saying they didn't agree with him but had used their discretion and cancelled (as if to agree with Mr Mustard would cause them to turn to stone):

Barnet

- Notice to Owner sent to the old address after the council had been notified of a new one.

- Wording error in the moving traffic PCN (now corrected) * 2

- Car not within the suspended area in Mr Mustard's own road and this after an identically worded informal challenge had already, therefore, been wrongly refused.

- Notice to Owner sent a day early.

- Wording error in the Traffic Management Order when it comes to the definition of a loading bay.

- Blue badge was missed.

- Representations not proeprly considered at the informal stage.

- Could have exited the yellow box junction so did not stop due to a stationary vehicle.

- The contravention did not occur as on the opposite side of the road to the school keep clear zig zags (they can count in narrow roads as applying to both sides).

- School zig zags not at an entrance to the school, but at the entrance to a private road which laads to the back entrance.

City of London

- Signs at bank junction not compliant.

Camden

- Notice to Owner sent to the old address after the council had been notified of a new one.

Hackney

- The parking place was carriageway as opposed to footway.

TfL

- Unloading where allowed on a red route, proof supplied.

Haringey

- Formal rejection sent instead of an informal one so offered wrong choices.

- Traffic warden error.

- Had a visitor permit (it was badly scratched)

- Suspension for Covid was excessively long (maximum is 6 months).

Harrow

- The parking place was carriageway as opposed to footway.

- Delay in renewing the blue badge caused by the council itself. * 2

Lambeth

- Forced into the bus lane by oncoming traffic. One questions if the cctv footage was looked at before the PCN was issued.

Wandsworth

- Council cancelled of their own volition on different grounds to those advanced as they took over the legal limit of 56 days to respond, except there wasn't a limit and adjudicators would have allowed up to 90 days for moving traffic PCNs.

- No meter to pay at.

- Signage inadequate, as to where to find the meter.

So there we have it, just 26 cases, the majority of them being decided at the tribunal which you will hear about next.

Yours frugally

Mr Mustard