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PCN for parked on a curb
Afcj123
post Thu, 29 Dec 2022 - 21:26
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Hi all

I have received a PCN today and if anyone could share some advice on whether I have any grounds to appeal at all, it would be appreciated.

"Parked with one or more wheels on or over a footpath or on any part of a road other than a carraigeway"

I have parked on a curb and received a pcn for doing so. There was a car right next to me also parked on the curb, he didn't get a pcn.

There was not any lines on the floor or signs to say not to park there so I am really confused to have been issued a ticket. Now I can see on the sign that you can park on the curb to the left, however the sign doesn't say do not park to the right. Without any lines, its not clear to me.

Please help?

PCN:

https://ibb.co/m8gLBZH
https://ibb.co/wsbRDdj

Area of road:

https://ibb.co/F0kRJD6
https://ibb.co/sF8YjMP

My vehicle:

https://ibb.co/BNXxQZ0

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post Thu, 29 Dec 2022 - 21:26
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Afcj123
post Tue, 31 Jan 2023 - 12:33
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QUOTE (stamfordman @ Tue, 31 Jan 2023 - 10:22) *
Just a fob off rejection with no substance. When you get the NTO update the thread.

Are you the registered keeper and is the V5C address correct.


Thank you, I will do this when the NTO arrives. I won't do anything further until the NTO turns up.

Yes, I am the registered keeper and V5C address is correct.


QUOTE (PASTMYBEST @ Tue, 31 Jan 2023 - 11:13) *
QUOTE (stamfordman @ Tue, 31 Jan 2023 - 09:22) *
Just a fob off rejection with no substance. When you get the NTO update the thread.

Are you the registered keeper and is the V5C address correct.


That will qualify as a failure to consider even for an informal challenge



Thank you for this information. I did think that it was wrong of them to not even address what I had explained. Shall I add this point onto the NTO or this is the role of the independent adjudicator?
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Neil B
post Thu, 2 Feb 2023 - 17:45
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Edit.
Talking nonsense.

This post has been edited by Neil B: Mon, 6 Feb 2023 - 22:31


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

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Afcj123
post Tue, 28 Feb 2023 - 14:06
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Hi all,

My NTO has arrived. I have attached below. Any advice would be really appreciated.

Page 1: https://ibb.co/bd3nGt8
Page 2: https://ibb.co/grPKSDB
Page 3: https://ibb.co/3s4w8fG
Page 4: https://ibb.co/vcTDC7g

Thank you
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MMV Redux
post Tue, 28 Feb 2023 - 14:28
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OP-----I would send an appeal on two grounds:-

a) The contravention did not occur

I repeat my representation that I parked on part of the footway which was covered by an exemption:-

The Council resolved on 22 January 2014 to allow footway parking on the whole of Burrow Road, I refer you to the attached committee minutes and associated officer's report. The officers report simply provides for the footway parking prohibition to be lifted from the entire street, rather than only on specific parts thereof.

In light of this the PCN needs to be cancelled, and the footway parking sign photographed next to my car needs to be moved to the junction with Holt Way (you will have to ask your colleagues in highways to arrange this).

b) The Council have Failed to consider my representations

The response to my representations was a template rejection which failed to consider or respond to my issue of footway parking in Burrow Road. I regard this as a procedural impropriety and a failure by the Council to act fairly.

OP--make sure to attach the committee minutes and associated officer's report.

Mick
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Afcj123
post Wed, 1 Mar 2023 - 13:40
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QUOTE (MMV Redux @ Tue, 28 Feb 2023 - 15:28) *
OP-----I would send an appeal on two grounds:-

a) The contravention did not occur

I repeat my representation that I parked on part of the footway which was covered by an exemption:-

The Council resolved on 22 January 2014 to allow footway parking on the whole of Burrow Road, I refer you to the attached committee minutes and associated officer's report. The officers report simply provides for the footway parking prohibition to be lifted from the entire street, rather than only on specific parts thereof.

In light of this the PCN needs to be cancelled, and the footway parking sign photographed next to my car needs to be moved to the junction with Holt Way (you will have to ask your colleagues in highways to arrange this).

b) The Council have Failed to consider my representations

The response to my representations was a template rejection which failed to consider or respond to my issue of footway parking in Burrow Road. I regard this as a procedural impropriety and a failure by the Council to act fairly.

OP--make sure to attach the committee minutes and associated officer's report.

Mick



Hi Mick

Thank you - I have done this, I will update the thread once I receive the outcome.

Thanks again.
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hcandersen
post Wed, 1 Mar 2023 - 14:10
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If you've sent your reps then so be it.

Did you refer to the council's resolution in your initial reps ( we've seen their response but not your reps)?

If no and yes to the above, then I would refer to this:

..on specific parts thereof. The problem here is that the CEO and also the authority appear to not understand that the restriction has been lifted in the whole road and instead are interpreting the position of the sign literally as being the point at which the prohibition has been lifted. On this point the regulations provide as follows:

2. When a sign provided for in the sign table in Part 2 [which is the footway parking sign] is placed to indicate the point at which a restriction, requirement or prohibition begins or ends, the sign must be placed on the road as near as practicable to that point.


There is nothing inconsistent between the traffic authority's action in placing the sign where they have and the resolution if they considered that this was 'as near as practicable' to where footway parking is permitted, the problem is your misunderstanding on this point and, bearing in mind that my initial representations drew your attention to this matter, your refusal to discover and consider the law in this matter.

My PCN must be cancelled and you should cease to issue further PCNs where vehicles are parked in accordance with the council's resolution.
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Afcj123
post Wed, 22 Mar 2023 - 23:39
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Hi all,

My Notice of Rejection of Representation has arrived. I have attached below. Any advice would be really appreciated.

Page 1: https://ibb.co/1QcJQBm
Page 2: https://ibb.co/ph21PRV
Page 3: https://ibb.co/HNqwL7W
Page 4: hhttps://ibb.co/72Vg8ws
Page 5: https://ibb.co/q1ZWrXg
Page 6: https://ibb.co/rHtcPGh

Thank you
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Incandescent
post Thu, 23 Mar 2023 - 00:28
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They have not re-offered the discount, so it is now a no-brainer to take them to London Tribunals on the basis that the offence did not occur. The council resolutions was for the whole of the street. The Highways Department have placed signs to indicate off-carriageway parking allowed, but the sign position does not reflect the resolution that was made.
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cp8759
post Mon, 27 Mar 2023 - 16:32
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Afcj123 would you like me to represent you at the tribunal?


--------------------
If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Afcj123
post Wed, 29 Mar 2023 - 12:02
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QUOTE (cp8759 @ Mon, 27 Mar 2023 - 17:32) *
Afcj123 would you like me to represent you at the tribunal?


Hi there,

Yes please - that would be a great help. I am also willing to accompany if this helps.

I am just submitting the appeal to London Tribunals now.

Thank you
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MMV Redux
post Wed, 29 Mar 2023 - 13:07
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A complete failure to consider with a Council template letter should be enough to sink them.

Mick
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cp8759
post Fri, 31 Mar 2023 - 16:22
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I've sent you a PM.


--------------------
If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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cp8759
post Tue, 23 May 2023 - 08:19
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Outcome: https://bit.ly/3BUz50M


--------------------
If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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