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ticket in pedestrian zone
dot bert
post Sun, 21 Dec 2008 - 16:50
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Hi all, I received a parking ticket for parking in a pedestrian zone. However, on the street where I was parked, which is 2 streets away from the sign, there are no markings or signage, so how am I supposed to know im still in the zone? And as for the sign, it as a bodge job, it is edited with tape, is that allowed? I will add a picture of it.
I also notcied that on the Trafic Penalty Tribunal site, it says this
Failure to sign a Restricted Zone properly (ET05061E)
(A Restricted Zone, which is relatively uncommon, is an area with heritage status where it is considered necessary to keep carriageway and roadside signs to a minimum. A council wishing to establish a Restricted Zone must obtain authorisation from the Department for Transport, permitting them to erect signs indicating entry to the Restricted Zone, throughout which a uniform restriction applies prohibiting waiting at all times. They are also required to put up smaller roadside plates throughout the zone "in sufficient numbers to give adequate information to road users of the waiting restrictions in force....” The usual double yellow lines are then unnecessary.) "
Although i was parked in a pedestrian zone, the PCN said something like
(01) parked in a restricted zone during prescribed hours
I will add a picture of the PCN when i get home.
any help would be great biggrin.gif
Thanks









This post has been edited by dot bert: Sun, 21 Dec 2008 - 17:12
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post Sun, 21 Dec 2008 - 16:50
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jufair
post Sun, 21 Dec 2008 - 17:32
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Have a look at this link, it explains what you nee for this problem.

http://www.ihie.org.uk/gateway/uploads/Bur...ted%20Zones.pdf

This is what the sign should look like.
The one in your picture should have special authority from the Minister for Transport.

http://www.dft.gov.uk/pgr/roads/tss/workin...netimeplate4382

This post has been edited by jufair: Thu, 18 Dec 2008 - 14:06

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clark_kent
post Sun, 21 Dec 2008 - 19:19
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The sign is a 618.3a and does not need authorisation the only thing wrong with it is the dodgy bodge job but unless you have a bus or coach can't see that going in your favour. Its a pedestrian zone not a restricted zone which is a zone you can drive in but not park, where you parked its taxis and BB only so you should not even have been driving there let alone parking. All entry points need signage and repeater signs should be used if required however there could be an argument if you had not ignored the entry sign you would not have required signs in the pedestrian area.
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Glacier2
post Mon, 22 Dec 2008 - 00:29
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*Facepalm*


This post has been edited by Glacier2: Mon, 22 Dec 2008 - 00:30
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dot bert
post Mon, 22 Dec 2008 - 11:51
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Hi, here is the PCN, from reading them replies then, am i best off just paying the discounted rate? lol
Thanks biggrin.gif








This post has been edited by dot bert: Mon, 22 Dec 2008 - 11:54
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meaty
post Mon, 22 Dec 2008 - 12:00
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Dot i told you in your email to me that the wording on the sign is not valid. Pay it if you want its up to you


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Glacier2
post Mon, 22 Dec 2008 - 12:19
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PCN is invalid as it does not explain that you can appeal to an independent adjudicator. Sign is a joke.

I would certainly not pay up on that piece of tosh.
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dot bert
post Mon, 22 Dec 2008 - 12:58
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good good biggrin.gif pleease can someone explain to me what makes the PCN and the sign invalid so i can put it in writing? im not very good at this as ive never had a ticket before! i didnt even no about this site till the other day, but im glad i found it and im gonna stay active and spread the word this sort or site needs to be known to everyone im stop the wardens robbing people!

and please can someone post me a valid PCN so i have something to compare it too biggrin.gif thanks
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meaty
post Mon, 22 Dec 2008 - 13:23
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QUOTE (Glacier2 @ Mon, 22 Dec 2008 - 12:19) *
PCN is invalid as it does not explain that you can appeal to an independent adjudicator.
Where's the requirement for that? http://www.opsi.gov.uk/si/si2007/uksi_20073483_en_6#sch1


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dot bert
post Mon, 22 Dec 2008 - 16:39
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So my only approach then can but the sign is not valid? what is it about this particular sign that makes it no good then?
thanks
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southpaw82
post Mon, 22 Dec 2008 - 16:47
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QUOTE (meaty @ Mon, 22 Dec 2008 - 13:23) *
QUOTE (Glacier2 @ Mon, 22 Dec 2008 - 12:19) *
PCN is invalid as it does not explain that you can appeal to an independent adjudicator.
Where's the requirement for that? http://www.opsi.gov.uk/si/si2007/uksi_20073483_en_6#sch1


The Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007, Regulation 3(2):

A penalty charge notice served under regulation 9 of the General Regulations must, in addition to the matters required to be included in it under paragraph 1 of the Schedule to the General Regulations, include the following information

(a) that a person on whom a notice to owner is served will be entitled to make representations to the enforcement authority against the penalty charge and may appeal to an adjudicator if those representations are rejected; and
(b) that, if representations against the penalty charge are received at such address as may be specified for the purpose before a notice to owner is served
(i) those representations will be considered;
(ii) but that, if a notice to owner is served notwithstanding those representations, representations against the penalty charge must be made in the form and manner and at the time specified in the notice to owner.

Do you actually charge for advice? I do hope not!


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meaty
post Mon, 22 Dec 2008 - 17:03
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Just saw that sorry, I missed the reference to adjudicator in 3(2). No I don't charge


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dot bert
post Mon, 22 Dec 2008 - 17:09
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ok so is the PCN is invalid then? lol, if it is any idea what i should put on paper and send it in as? id appreciate it sooner that later as im coming onto my 5th day now and nearing the 50% discount mark!
thanks

This post has been edited by dot bert: Mon, 22 Dec 2008 - 17:26
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southpaw82
post Mon, 22 Dec 2008 - 17:29
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Point out to them that the PCN is invalid for the reasons we've given you.


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Neil B
post Mon, 22 Dec 2008 - 17:38
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The PCN is absolute tosh!

most of the deadline periods are wrong, 'within 14 days, within 28 days, etc'

Don't laugh - but that is a new improved version!!!!!! You should have seen what they were issuing a month ago! 



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QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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dot bert
post Mon, 22 Dec 2008 - 17:43
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so basically if i just send a letter saying sumthin like

dear sir or madam,

on 19.12.2008 i was issued wiv pcn. it does not explain to me that i can appeal to an independant adjudicator, therefor it is invalid. i will not bein paying your pcn, go find a pig to ****

yours faithfully

dot bert


hehehe maybe a slight edit at the end, wat u fink? but obviously i will expand on this and include the details of my car and pcn number etc.

anything else i should mention in regards to the sign? is there a regulation aswell that they have broken by not mentioning i can appeal to an independant adjudicator? if there is does it have a name or a code i can quote in my letter?
thanks again biggrin.gif
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Neil B
post Mon, 22 Dec 2008 - 17:52
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There's more.

Re Southpaw's link to the statute. They fail to comply with Reg 3 (2) (b) both (i) and arguably (ii).

there was something else too but will add in a mo (forgotten it).

-





Ah, found it again.

'Will receive a Notice to owner' - should be 'may' receive.

I'm thinking it's possibly only the front they've corrected. I sure i recall the front was rubbish as well before!

-



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QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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dot bert
post Mon, 22 Dec 2008 - 18:00
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where about do you all find this info? its good stuff biggrin.gif can someone paste the regualtions for me to see, i cant follow that site lol sad.gif and can someone whos won appeals before please rough me a letter up or send me a copy of theres so i dont make an idiot out of myself? i asked my mum for help and shes just like, oh pay it you shouldnt have parked there! lol


This post has been edited by dot bert: Mon, 22 Dec 2008 - 18:03
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bama
post Mon, 22 Dec 2008 - 18:20
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better for you that you draft up a latter yourself based on the information given. Then post it here for a critique.

This post has been edited by bama: Mon, 22 Dec 2008 - 18:22


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Which facts in any situation or problem are “essential” and what makes them “essential”? If the “essential” facts are said to depend on the principles involved, then the whole business, all too obviously, goes right around in a circle. In the light of one principle or set of principles, one bunch of facts will be the “essential” ones; in the light of another principle or set of principles, a different bunch of facts will be “essential.” In order to settle on the right facts you first have to pick your principles, although the whole point of finding the facts was to indicate which principles apply.

Note that I am not legally qualified and any and all statements made are "Reserved". Liability for application lies with the reader.
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Neil B
post Mon, 22 Dec 2008 - 18:22
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QUOTE (dot bert @ Mon, 22 Dec 2008 - 18:00) *
where about do you all find this info? its good stuff biggrin.gif can someone paste the regualtions for me to see, i cant follow that site lol


Site? Wot site. Meaty linked you to a tiny part of the legislation in post 9. You only have to read part 1 of the schedule - the bit that appears on screen when you link. 


they are the requirements for the contents of a PCN. All of the points raised show they haven't complied to many of them.

So you would just say it fails to comply with CEoPC Gen Regs 2007 (see top of PCN for full title) the Schedule, Part 1, items blah, blah and blah and probably blah!





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QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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