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Any grounds for appeal in this motorbike PCN?, Motorbike Breakdown - Double Whammy PCN from Islington
Byloseli
post Sun, 14 Oct 2007 - 14:46
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1st Posting:
I had the misfortune to break down on the A1 (Archway) in London on my motorbike. Being reasonably public spirited (and fearful of thieves helping themselves), I pushed the dead old thing nearly half a mile to find a friendly looking street to leave it on until I could get it fixed. Unfortunately, the only streets I could find had CPZ restrictions and no designated motorcycle areas, so I had to leave it parked discretely next to a skip in a residential street (Harburton Road, N19) and I caught the bus to work.

Returning that evening, I had a go at fixing it but failed to get it going 'cos the battery had flattened. However, I did notice the damned PCN stuck to the side of the tank!

Went home, charged the battery and returned the next evening and, lo and behold, got it going again.

I've just taken the PCN off the tank and now note that there are TWO PCNs inside; One dated 11/10/07 at 10:03 and the other on 12/10/07 at 12:46 and BOTH issued by the same PA No: IS1122 and BOTH Contravention Code 12.

Just wondered if.... a) It is possible to be prosecuted twice for the same offence? b) It is possible to appeal against BOTH tickets? c) Why I got a ticket in the first place? Surely, I wasn't taking up space that a car could have used, there wasn't any area designated for motorbikes to use anyway and, even if I had a parking permit for that particular street, it would be a nonsense to fix it to a bike without it being stolen/destryed by the weather!

I live in Harringay, the next borough, and the CPZ outside my flat doesn't require me to display a permit on my motorbike. So why does Islington?

Under the circumstances, I feel somewhat aggrieved.

Any help gratefully received. Many thanks.

Byloseli
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post Sun, 14 Oct 2007 - 14:46
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Teufel
post Sun, 14 Oct 2007 - 18:10
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2 pcns for the same parking CONTRAVENTION on the same day is not
allowed - the seocnd cannot be enforced

there is a reasonable allowance for breaing down - wether laaving it all day
while you go to work is reasonable i am not sure
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DW190
post Sun, 14 Oct 2007 - 18:15
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QUOTE (Teufel @ Sun, 14 Oct 2007 - 19:10) *
2 pcns for the same parking CONTRAVENTION on the same day is not
allowed - the seocnd cannot be enforced

there is a reasonable allowance for breaing down - wether laaving it all day
while you go to work is reasonable i am not sure


Wakey Wakey Teuf

QUOTE
I've just taken the PCN off the tank and now note that there are TWO PCNs inside; One dated 11/10/07 at 10:03 and the other on 12/10/07 at 12:46 and BOTH issued by the same PA No: IS1122 and BOTH Contravention Code 12.


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clark_kent
post Sun, 14 Oct 2007 - 18:16
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QUOTE (Teufel @ Sun, 14 Oct 2007 - 19:10) *
2 pcns for the same parking CONTRAVENTION on the same day is not
allowed - the seocnd cannot be enforced

there is a reasonable allowance for breaing down - wether laaving it all day
while you go to work is reasonable i am not sure



11th and 12th are different days and provided the bays are not 24/7 the contraventions are both valid. However proof of breakdown should get you off but you are meant to move it asap and 2 days is a long time in the eyes of the council.
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Byloseli
post Sun, 14 Oct 2007 - 19:50
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How do I 'prove' the breakdown?

I still can't believe that two tickets can be issued for one offence, even if they are 26 hours apart.

Rgds

Byloseli
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viper
post Sun, 14 Oct 2007 - 20:01
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Of course they can or else I could leave my car there for a week and only get one ticket – cheaper than paying the meter. Sometimes they tow/remove if your car is left for extended period of time – either way you would face further charges.

Islington are right a***holes with appeals. Your only hope would be the adjudicator. Have you no evidence at all of breakdown. Did you buy a part for the bike for example or anything to indicate it was broken down?


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clark_kent
post Sun, 14 Oct 2007 - 21:36
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QUOTE (Byloseli @ Sun, 14 Oct 2007 - 20:50) *
How do I 'prove' the breakdown?

I still can't believe that two tickets can be issued for one offence, even if they are 26 hours apart.

Rgds

Byloseli



It is possible although a bit harsh to get two PCNs on the same day without moving if the contravention changes or so I have been told. For arguments sake if you had parked on a P&D bay only in use 10 til 4 with no parking allowed outside these hours. You could park at 9am get a 01 SYL contravention then if you remained until 10.05 you could get issued with an 06 no P&D ticket.
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legaladviser
post Sun, 14 Oct 2007 - 21:56
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QUOTE (clark_kent @ Sun, 14 Oct 2007 - 22:36) *
It is possible although a bit harsh to get two PCNs on the same day without moving if the contravention changes or so I have been told.


cheekily says our resident parking attendant.
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clark_kent
post Sun, 14 Oct 2007 - 22:04
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QUOTE (legaladviser @ Sun, 14 Oct 2007 - 22:56) *
QUOTE (clark_kent @ Sun, 14 Oct 2007 - 22:36) *
It is possible although a bit harsh to get two PCNs on the same day without moving if the contravention changes or so I have been told.


cheekily says our resident parking attendant.



One of these days you will realise I post on here nearly every day at all times of the day, not really possible if walking the streets, lol.
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legaladviser
post Sun, 14 Oct 2007 - 22:34
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QUOTE (clark_kent @ Sun, 14 Oct 2007 - 23:04) *
I post on here nearly every day at all times of the day

How we wish that wasn't the case. But you don't know when to give up.
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Guest_Bazil_*
post Mon, 15 Oct 2007 - 00:35
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QUOTE
How do I 'prove' the breakdown?


My friend had same problem he phoned a garage to look at the bike they said it needed a new battery, it tool till next day to get it, garage fixed it on got it going phoned my friend to pick it up but he had 2 penalty charges, got letter from garage and receipt for battery sent it to parking services, PCN's cancelled. friend glad he knew a mate at the garage. or something like that.

This post has been edited by Bazil: Mon, 15 Oct 2007 - 00:37
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Byloseli
post Mon, 15 Oct 2007 - 21:59
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Many thanks. I'll give it a try and see how it goes. Watch this space........?
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