Letter 10 Reply (Extracts from two sheets)

Liability for payment of this Penalty Charge rests with
the person considered to be the keeper / owner of the vehicle

Thank you for your formal representation against the issue of the above Penalty Charge Notice. Careful consideration has been given to your representation, however, on this occasion insufficient reasonable cause has been demonstrated which would allow cancellation of this charge. Further details concerning the Council's decision to uphold the issue of the Penalty Charge can be found on the following page, and the options open to you are listed below:

OPTIONS

• The Penalty Charge of £80.00 must be paid before the end of the period of 28 days beginning with the date of this Date of Notice of Rejection. Payment received within this time will be accepted in full and final settlement. Please use the payment slip below, further details on how to make payment and details of the possible recovery action that the Council may take should neither payment nor an appeal be lodged, can be found on the following page.
• Lodge an appeal against the Council's decision to reject your formal representation with the Parking and Traffic Appeal Service, (please read the following paragraph carefully)

Appeal to the Parking and Traffic Appeal Service

Fully complete the appeal form that we have attached to this Notice of Rejection and submit it to the address printed on it within 28 days of the Date of this Notice of Rejection. Please note, failure to complete the appeal form completely may invalidate your submission, any appeal forms submitted to the Council will be returned by second class post, and may delay your application further.

Reasons for the Council's decision to uphold the issue of the Penalty Charge:

As you are aware, and have been advised in previous correspondence, the Penalty Charge Notice (PCN) was issued to your vehicle because it was parked with two wheels on the footway. Parking on the footway has been banned in roads with a speed limit of 40 mph or less across London since 1975, (Greater London Council Act 1974), with the London wide Footway Parking Ban being introduced in 1985.

A vehicle may only be left on the footway if the Local Authority has made the location exempt from the Footway Ban. Such roads have blue signs showing how a vehicle may be parked if it is parked on the footway. However, to make it clearer for motorists in roads exempted from the ban in the London Borough of Bexley, white marked bays have been placed where motorists may park if they wish to park on the footway. These bays are only found in exempted roads and there are no other general concessions for motorists within the London Borough of Bexley.

Please note it is not common practice for Local Authorities to provide white marked bays, and each Local Authority may quite correctly adopt other methods of footway parking provision. The only statutory requirement is the provision of blue signs showing that exemptions to the ban are evident. It is the motorist's responsibility to ensure that they park their vehicle legally, safely and correctly at all times.

I am satisfied that the PCN was correctly issued, in accordance with the regulations. Furthermore, in the light of the correspondence between you and the Council's Traffic Engineers, I am satisfied that you were aware of the footway ban at the time of parking and I can therefore find no grounds for cancelling it. Your representation has therefore been rejected.

What happens if I do not pay or lodge an appeal against the Council's decision within 28 days

A Charge Certificate will be sent to you, which increases the full charge by 50% to £120. If the increased Penalty Charge is then not paid, the Council will apply to the County Court to recover the charge as if it were a debt payable under a County Court order.

Introduction << Previous Next >>