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x3 PCNs - Parked in special enforcement area adjacent to footway
j4ck100
post Sun, 21 Jul 2019 - 21:13
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Hi

I parked my car just behind the lamp-post seen here on Monday evening and then was traveling on work so did not return to the vehicle until Thursday when you can imagine my horror seeing x3 tickets piled up on the windscreen!

I have been parking in this space many times and in fact a resident came out of his house when i was removing the PCNs from the windscreen and said he couldn't believe it as he parks there (and streetview shows a van parked close-by too)

Alas i am now informed that parking on a section of carriage way that is raised to meet the pavement is prohibited

I guess i have no problem in paying the 1st PCN if I was indeed parked illegally, though it would be painful if i would have to pay all 3 given the car didn't move and i had no chance to rectify.

Thoughts welcome please, thanks




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post Sun, 21 Jul 2019 - 21:13
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j4ck100
post Tue, 4 Feb 2020 - 14:50
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QUOTE (hcandersen @ Tue, 4 Feb 2020 - 11:19) *
Not my style.

You are a motorist, not Perry Mason.

Most of the appeal is tantamount to an instruction to the adj on the law - I'm not certain they take kindly to such approaches - with the least reserved to addressing your reps and their replies.

No hint of contrition or mistake (from which you've learned) on your part.

No attempt to develop the argument regarding why the authority resolutely and without reason continued to deny that there is a difference between the two contraventions - the legislation is pants in this regard because whereas a dropped footway is pretty clear, how the hell is one to know definitively whether a raised carriageway has been raised for one of the 3 purposes or simply as a traffic control measure AKA speed cushion?
e.g. I refer the adj to my challenge dated *** in which I stated that *** and the authority's reply dated ** which, in as much as it even addressed this point, rather kicked it into the long grass; my formal reps in which I resurrected the same point - paras ** and *** refer - which were dealt with in a similar summary fashion and their case summary in which *******.

And as for quoting a case involving moving traffic in support of the need for a TMA parking PCN to comply with the regs!!!! And it's 3 years old, and the issue there was that the fact finder found that the signs were not visible; the law therefore followed on like night follows day. But you've not taken this approach i.e. to construct your appeal incrementally dealing with the facts first and using language to get the adj engaged as part of the progression of your argument.

But hey, ho, we'll see how it goes. It should be straightforward as long as the adj hasn't got an aversion to barrack-room lawyers!


Thanks for your constructive criticism - many of the points you mention i.e. eating humble pie I intend to do in-person rather than detailing this in advance.

What would your last minute advice be in order to maximise my chance of success? Focus on the fact that the council fail to accept that the location doesn't feature a dropped footway and grovel simultaneously?

Many thanks
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hcandersen
post Tue, 4 Feb 2020 - 15:24
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As a minimum, yes.

To repeat what I've often posted here, hearing outcomes are dependent upon the facts on a case-by-case basis. These facts include and are often materially affected by the manner in which the authority has responded to the points raised in reps. Reps demand a reasoned and sound consideration, not just 'niet'.

So your argument is not just that a raised carriageway is not the same as a lowered footway and therefore demands separate specific grounds of contravention in a PCN, but that despite making this point repeatedly - point the adjudicator to the specific evidence in the form of your reps and their replies - the authority did not give the issue the necessary consideration.
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j4ck100
post Wed, 5 Feb 2020 - 10:11
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QUOTE (hcandersen @ Tue, 4 Feb 2020 - 15:24) *
As a minimum, yes.

To repeat what I've often posted here, hearing outcomes are dependent upon the facts on a case-by-case basis. These facts include and are often materially affected by the manner in which the authority has responded to the points raised in reps. Reps demand a reasoned and sound consideration, not just 'niet'.

So your argument is not just that a raised carriageway is not the same as a lowered footway and therefore demands separate specific grounds of contravention in a PCN, but that despite making this point repeatedly - point the adjudicator to the specific evidence in the form of your reps and their replies - the authority did not give the issue the necessary consideration.


Thank you
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j4ck100
post Fri, 7 Feb 2020 - 13:39
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Appeal allowed.

The adjudicator was in a state of incredulity as to the audacity of the council in consistently advising that the location featured a "dropped kerb" when there was no such feature.

I would like to personally thank each and every one of you who have assisted me with this, it means an awful lot.

Kindest regards and be seeing you.

J
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PASTMYBEST
post Fri, 7 Feb 2020 - 14:14
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QUOTE (j4ck100 @ Fri, 7 Feb 2020 - 13:39) *
Appeal allowed.

The adjudicator was in a state of incredulity as to the audacity of the council in consistently advising that the location featured a "dropped kerb" when there was no such feature.

I would like to personally thank each and every one of you who have assisted me with this, it means an awful lot.

Kindest regards and be seeing you.

J


Post the case number for us


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Mad Mick V
post Fri, 7 Feb 2020 - 14:38
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Sounds like a costs submission might find favour.

Mick
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j4ck100
post Fri, 7 Feb 2020 - 14:39
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Case ref 2190511394

How does one submit for costs?
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PASTMYBEST
post Fri, 7 Feb 2020 - 14:59
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QUOTE (j4ck100 @ Fri, 7 Feb 2020 - 14:39) *
Case ref 2190511394

How does one submit for costs?


Lets read the register entry first, it won't be updated until tomorrow


QUOTE (j4ck100 @ Fri, 7 Feb 2020 - 14:39) *
Case ref 2190511394

How does one submit for costs?



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j4ck100
post Sat, 8 Feb 2020 - 11:04
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QUOTE (PASTMYBEST @ Fri, 7 Feb 2020 - 14:59) *
QUOTE (j4ck100 @ Fri, 7 Feb 2020 - 14:39) *
Case ref 2190511394

How does one submit for costs?


Lets read the register entry first, it won't be updated until tomorrow


QUOTE (j4ck100 @ Fri, 7 Feb 2020 - 14:39) *
Case ref 2190511394

How does one submit for costs?



Case is now live for viewing on the portal
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PASTMYBEST
post Sat, 8 Feb 2020 - 11:46
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QUOTE (j4ck100 @ Sat, 8 Feb 2020 - 11:04) *
QUOTE (PASTMYBEST @ Fri, 7 Feb 2020 - 14:59) *
QUOTE (j4ck100 @ Fri, 7 Feb 2020 - 14:39) *
Case ref 2190511394

How does one submit for costs?


Lets read the register entry first, it won't be updated until tomorrow


QUOTE (j4ck100 @ Fri, 7 Feb 2020 - 14:39) *
Case ref 2190511394

How does one submit for costs?



Case is now live for viewing on the portal


I don't think a cost order would succeed, the council would have to be vexatious, frivolous or wholly unreasonable. There reasoning is stupid and without any foundation but I don't think it would fall into any of the categories


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j4ck100
post Mon, 10 Feb 2020 - 11:07
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No problem, we will leave it there then in that case.

Thanks again all.
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